July 2016 Archives

AB 1513 Update- Court Denies Preliminary Injunction

By: Kyle D. Kring

Please be advised that court denied the Nisei Farmers League's Preliminary Injunction. View a copy of the court's order here. In light of this ruling, the deadline to register with the DIR for the "safe harbor" provision under California Labor Code section 226.2(b)(3) is July 28, 2016.

AB 1513- July 18, 2016 Update on Court's Hearing Concerning Plaintiff Nisei Farmers League's Motion for a Preliminary Injunction

By: Kyle D. Kring

Monday, July 18, 2016, I attended the hearing on Plaintiff Nisei Farmers League's Motion for a Preliminary Injunction in the Fresno Superior Court before Judge Jeffrey Hamilton Jr.

After a three and a half hour hearing, the court took the matter under submission, which means that the court will be issuing a formal written order, probably within the next few days given the impending deadlines. The court did not give any real indication as to which way the court was leaning on issuing the Preliminary Injunction. 

Olive Crest Academy Garden Update

We are thrilled to see Olive Crest Academy's therapeutic garden growing! The planting took place on April 18th, 2016 by the students in each classroom and below are photos of how it looks now. A huge thank you to our clients, Orange County Women Lawyers Association and other community partners who helped our firm make this project successful. To learn more about the school and program, visit their website here.

OLIVE CREST ACADEMY GARDEN UPDATEOLIVE CREST ACADEMY GARDEN UPDATE

OLIVE CREST ACADEMY GARDEN UPDATEOLIVE CREST ACADEMY GARDEN UPDATE

AB 1513 UPDATE - Temporary Injunction Granted to Prevent California from Enforcing the July 1, 2016 Deadline to Sign Up for "Safe Harbor Defense"

By: Kyle D. Kring

Posted on July 1, 2016

This is to update you on the Nisei Farmers League's constitutional challenge to the AB 1513 affirmative defense, and specifically, the deadline to notify DIR of your company's intention to participate in the affirmative defense.

Nisei Farmers League Files Complaint to Declare AB 1513 Unconstitutional

By: Kyle D. Kring

Posted on June 30, 2016

On June 27, 2016, Nisei Farmers League filed a lawsuit against the California Labor and Workforce Development Agency, David Lanier; Department of Industrial Relations, Christine Baker; and the Division of Labor Standards Enforcement, Julie Su alleging that AB 1513 and Labor Code section 226 is unconstitutionally vague and ambiguous. Additionally, the Plaintiff filed an Exparte Application for a preliminary injunction to stay enforcement of AB 1513/Labor Code section 226. The hearing on the Exparte motion is set for this afternoon, June 30, 2016. (See Attached Complaint and related court filings.)

New Los Angeles and San Diego Minimum Wage and Sick Leave Ordinances

By: Kyle D. Kring and Tyler D. Kring

Recently passed ordinances in the cities of San Diego and Los Angeles will soon become effective, leaving employees with higher minimum wages and an increase in paid sick leave time. Both cities are adopting similar, but slightly different, systems that force minimum wages to gradually rise over the next five years and paid sick leave hours increase. This article discusses both cities ordinances and the impact they will have on the employer and employee. It is important to note that despite the new local ordinances, cities must abide by existing state and federal law as well. Where there are differences between the authorities, the employer must follow the law that is most generous and beneficial to the employee.

AB 1513 Deadline is July 1, 2016 for Piece Rate Employers

By: Alis M. Moon

California recently passed AB 1513, adding section 226.2 to the Labor Code. The law significantly changed the way employers are required to pay piece-rate employees for rest and recovery periods and nonproductive time. Frist and foremost, all piece rate employers should ensure their current piece rate system is legally compliant. In addition, the law provides an affirmative defense to claims for uncompensated or under compensated rest and recovery breaks and nonproductive time. The deadline to take advantage of the affirmative defense is July 1, 2016.

Matthew A. Reynolds Promoted to Partner

Kring & Chung congratulates Matthew A. Reynolds on being promoted to Partner in its Irvine, CA office.

Mr. Reynolds has been with Kring & Chung for over 10 years. He has taken on a full range of cases representing both plaintiffs and defendants. His business background includes work in both federal and state court in the areas of breach of contract, fraud, copyright, trademark and energy. Mr. Reynolds success in business litigation led him to work on executive divorce cases in Orange County. He focuses on business valuation, hidden assets, and protecting the interests of children. His business litigation experience gives him a unique perspective on providing business decisions during divorce.

"Mr. Reynolds has the reputation of being the "go to" person on very big, difficult and litigious cases, putting in the long and hard hours necessary to obtain successful results for our clients," said Kyle D. Kring.

To view Matthew A. Reynolds complete profile, click here.

David J. Harter Joins Kring & Chung

In June 2016, David J. Harter joined Kring & Chung's Irvine, CA office as Of Counsel. During Mr. Harter's career, his practice has primarily focused on business transactions and business litigation. He has significant experience in handling post-judgment collection matters. He has also handled a significant number of Anti-SLAPP cases both at the trial court level and on appeal with several published Appellate Court decisions. To view his complete profile, click here

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