Publications Archives

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. 

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.

5 Techniques To Improve Co-Parenting

For those of us who must co-parent our children due to divorce or separation, we know that co-parenting skills don't always come naturally. Honing these skills, however, can have a lasting impact on the quality of your relationships with your children, as well as the other parent. Here are five techniques that will help a parent toward improving their co-parenting relationship with the other parent and their children:

The Continuing Violation Doctrine Extends The Statute Of Limitations In Employment Cases

It is well settled that an employee claiming violations of the Fair Employment and Housing Act ("FEHA") cannot bring an action against his or her employer if more than one year has passed since the alleged unlawful employment practice. [1] 

Effective Defense against Reptilian Theory: A New Trend of the Plaintiff's Bar to Maximize Injury Awards

There has been a recent trend in the Plaintiff's Bar to utilize what is colloquially known as "Reptile Theory" to maximize injury awards. The strategy is based on a book by David Ball and Don Keenan entitled "Reptile: The 2009 Manual of the Plaintiff's Revolution." The thesis of the book is the reptile's primary instinct of self-preservation. The theory is that a juror's impulse of self-preservation will override logic based on the evidence presented. The book advises Plaintiff attorneys to convert every issue into one of self-protection, which helps to compel the jurors to make their rulings due to a misguided sense of fear for themselves, despite what the evidence has presented. This tactic also influences the jurors to award large verdicts. 

The Rights and Implications of Accommodating Alcoholism in the Workplace

By: Kyle D. Kring and Faheem A. Tukhi   

In light of the recent lawsuit filed by the University of Southern California's former Head Football Coach, Steve Sarkisian, alleging discrimination against USC based on his alcohol addiction, it is imperative to address what an Employee's rights are if they suffer from alcoholism, and what an Employer must do to protect itself from breaking the law while ensuring their employee is treated fairly.

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