Publications Archives

Paid-When-Paid Provisions and Effects on Subcontractors

On behalf of Kring & Chung, LLP posted in Publications on Monday, October 3, 2016.

Posted on October 3, 2016

When a subcontractor is not paid on a project, it usually comes at the worst time. There is payroll and suppliers to be paid. Yet, the builder has failed to pay the subcontractor because the owner is in dispute with the builder, particularly on extra work charges. Or, perhaps the owner has run into cash flow issues that affect timing of funding. The subcontractor should conduct careful investigation to identify and verify these problems with the builder and, if available, the owner's representatives. Sometimes, there are other reasons why there is no funding to the builder.

Ninth Circuit Decides Against Class Action Waivers

On behalf of Kring & Chung, LLP posted in Publications on Thursday, September 1, 2016.

By: Kyle D. Kring and Tyler Kring

Posted on September 1, 2016

On August 22, 2016, the Ninth Circuit joined the Seventh Circuit and the National Labor Relations Board (NLRB) with their ruling in Morris v. Ernst & Young LLP regarding class action waivers. The court found that arbitration agreements containing class action waivers violated employees' rights to bring class and collective actions against an employer.

Who Decides Whether the Agreement Permits or Prohibits Classwide Arbitration, a Court or the Arbitrator?

On behalf of Kring & Chung, LLP posted in Publications on Wednesday, August 10, 2016.

By: Kyle D. Kring and Tyler Kring

Posted on August 10, 2016

Just last week a small majority of the California Supreme Court in Sandquist v. Lebo Automotive, Inc. affirmed the Court of Appeal, holding that as a matter of state contract law, the question of whether the parties to an arbitration agreement agreed to class arbitration is an issue for an arbitrator, rather than court, to decide.

AB 1513 Update- Court Denies Preliminary Injunction

On behalf of Kring & Chung, LLP posted in Publications on Wednesday, July 27, 2016.

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

On behalf of Kring & Chung, LLP posted in Publications on Wednesday, July 20, 2016.

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"

On behalf of Kring & Chung, LLP posted in Publications on Saturday, July 2, 2016.

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

On behalf of Kring & Chung, LLP posted in Publications on Friday, July 1, 2016.

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

On behalf of Kring & Chung, LLP posted in Publications on Friday, July 1, 2016.

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

On behalf of Kring & Chung, LLP posted in Publications on Friday, July 1, 2016.

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

On behalf of Kring & Chung, LLP posted in Publications on Monday, May 2, 2016.

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:

Paid-When-Paid Provisions and Effects on Subcontractors

Ninth Circuit Decides Against Class Action Waivers

Who Decides Whether the Agreement Permits or Prohibits Classwide Arbitration, a Court or the Arbitrator?

AB 1513 Update- Court Denies Preliminary Injunction

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

Nisei Farmers League Files Complaint to Declare AB 1513 Unconstitutional

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

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

5 Techniques To Improve Co-Parenting

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