Publications Archives

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. 

Why a Divorce Attorney is a Good Investment

Posted on January 19, 2016

The statistics vary, but it is noted that between 60 and 70% of the litigants in Family Court (the courts that process divorces and other family law matters) are self-represented, meaning they do not have an attorney. Of that 60 to 70%, about half of the individuals can afford an attorney, but are opting not to hire one. The other half are not able to afford an attorney. So why are litigants choosing to represent themselves if they can afford an attorney? Let's explore the benefits of hiring a divorce attorney and why a divorce attorney is a sound investment.

New Employment Laws for 2016

By: Allyson K. Thompson

2015 was another busy year for the California Legislature when it came to adopting new employment related laws that are effective in 2016. While this list is not exhaustive, it provides an overview of the key legislation employers in California should be aware of.

When Spouses are Living "Separate and Apart" for Purposes of Determining When the Community Estate Stops Accumulating

By:

The California Supreme Court has defined the rule as to when a couple is considered separated for purposes of cessation of community property.  Prior to the California Supreme Court's definitive "line-drawn-in-the-sand" ruling in In re Marriage of Davis (7/20/2015), the concept of when parties are considered separated might be explained as follows:

Two New Laws Significantly Affecting Piece Rate Employers

By: Kyle D. Kring

The California legislature recently passed two bills that were significantly amended late in the legislative session.  Senate Bill 588 was passed on September 10, 2015 and Assembly Bill 1513 was passed late in the day on the last day of the legislative session, September 11, 2015. Both bills are effective January 1, 2016, and will have a significant impact on employers who have paid employers piece rate compensation anytime over the past four years.

How a Detailed Job Description Can Prevent Violation of California's New Fair Pay

By: Kyle D. Kring and Faheem A. Tukhi

California has historically proven itself a leader in progressing women's rights and was one of the first states to adopt a statewide Equal Pay Act. Despite this, the California Legislature determined that in 2014, women in California who work full-time make only 84 cents for every dollar a male makes during the same amount of time, which amounts to a staggering $33 billion dollar loss for the state and families. To combat this, California's new Fair Pay Act (Senate Bill 358) - which takes effect on January 1, 2016 - intends to close that gap by modifying existing laws and requiring employers to pay men and women equal pay for "substantially similar" work.

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