Publications Archives

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.

SB 588 Creates Personal Liability for Officers, Directors, and Managing Agents of Employers for Wage and Hour Violations

Senate Bill (SB) 588 known as the "The Fair Days Pay Act" went into effect on January 1, 2016. The bill's stated purpose was to enhance the Labor Commissioners ability to enforce California Division of Labor Standards Enforcement (DLSE) judgments. Where a worker wins their case before the DLSE, SB 588 gives the California Labor Commission the right to use any of the existing remedies (such as filing a lien or levy) available to a traditional judgement creditor i.e. plaintiff that prevails in a lawsuit, and to act as a levying officer when enforcing a judgement. In addition, it prevents an employer from closing down its business and reopening under a new name in order to avoid their debts to workers. 

Transgender Divorce

Posted on March 24, 2016

"May you live interesting times," is a Chinese curse or proverb, depending upon what authority you rely. Although each generation might proclaim their generation to live in the most interesting of times, I dare say that the millennial transition is turning out to be an ardent advocate and witness to respect for personal rights. This may lead some of us in the 21 st century to look back on civil rights and equal rights with a head scratching pondering of what seems so obvious to us now. The year of 2015 brought the landmark United States Supreme Court decision of In Re Obergefell (Obergefell v. Hughes), more commonly known as Marriage Equality, which summarily holds that no two parties of the same sex (or of any gender or gender identity) shall be deprived of the rights to enter into a legal marriage with all of its benefits and responsibilities. In one admittedly landmark decision, my clientele potentially doubled. Now, as far as legally-protected constitutional rights are concerned, same sex marriages are not to be treated differently than traditional marriages. Insofar as it comes to the divorce process (and unless there is a domestic partnership to dissolve), is the divorce process any different when a transgender party is involved? Let's explore that...

The Cost of Doing Business in California for Garment Industry Employer

By: Kyle D. Kring and Alis M. Moon

The Division of Labor Standards Enforcement ("DLSE") implements certain requirements for garment industry employers before they may begin operating in California. These strict requirements were put into action with the passage of the Garment Manufacturing Act in 1980, which was in response to the California's Legislature's efforts to protect the wages and health and safety standards throughout the garment industry. Recently, on March 11, 2016, the Department of Industrial Relations published a "Summary of Some Basic California and Federal Employment Requirements for Garment Industry Employers," which summarizes what garment industry employers need to do in order to operate in California.

Husband Awarded 150% of Retirement Benefits

Once upon a time, John Peterson met Annette. They were both attorneys and John was smitten by Annette's beauty and intelligence, so he decided he wanted to share his life and surname with Annette. John and Annette married in 1994 and they entered into marital and financial bliss as they embarked on their journey in life together. 

Homeowner Steps To Prevent El Niño Property Damage

We are all being told that the El Niño heavy rains are coming soon! In Southern California heavy rains usually mean landslides. In fact, we have already witnessed some landslides in sensitive areas throughout Southern California. Most homeowners insurance does not cover earth movement. Therefore, it is even more important to protect your property from landslides or earth movement. In this article I will set forth what a landslide is, what areas are prone to sliding, what are the warning signs for a landslide on your property, what steps to take to prevent a landslide and what to do if a landslide occurs. 

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