Experience Modifier (X-Mod) Changes coming to California Employers, January 1, 2017 By Ben Green From the Desk of Kristi Dean: Clients and friends, though I have been practicing law for over three decades and managing a business for many of those years, I still have a hard time understanding how workers compensation premiums are calculated. …
When a Picasso is Only Worth $60 — The Nuts and Bolts of Cargo Loss Claims A new 3-Hour CE Course Presented by Kristi Dean, Esq. & Gregg Garfinkel, Esq. The works of Pablo Picasso are most often valued in millions of dollars, with his most expensive work being sold for $180 Million. But what happens …
The Layman’s Guide to Legalese By Marleigh Green If you have never worked in a law office, or aren’t experienced with legal reading, chances are you aren’t familiar with complex legal terminology. For the layman, the legal field can be daunting, and getting involved in a lawsuit with no knowledge of legal terms can leave …
Carmack The Magnificent: Understanding the Application and Preemptive Ambit of the Carmack Amendment to the Interstate Commerce Act By: Gregg Garfinkel, Esq. For more than a century, the Carmack Amendment to the Interstate Commerce Act (49 USC 14706) (“Carmack”) has governed the liability of motor carriers operating in interstate commerce. While the Congressional purpose in …
Too Little, Too Late: Governor Clarifies Some Portions of the Paid Sick Leave Law By Robyn McKibbin, Esq. California employers and employment attorneys have been scrambling to ensure existing PTO and paid sick leave policies were as compliant with the perplexing new paid sick leave law as possible before the July 1, 2015 effective date. …
Who Knew? The U.S. Supreme Court Holds an Employer May Not Make an Applicant’s Religious Practice—Suspected or Confirmed—a Factor in Employment Decisions By Robyn McKibbin, Esq. In the EEOC v. Abercrombie & Fitch, Samantha Elauf interviewed with Abercrombie for a job as a “floor model” (Abercrombie’s term for sales associate). Using the company’s standard system for …
Sweeping Decree by Federal Agency Declares McDonald’s to be a Joint Employer with Its Franchisees By Robyn McKibbin, Esq. The National Labor Relations Board (“NLRB”) is a federal agency vested with the power to prevent and remedy violations of the National Labor Relations Act committed by employers and unions. The NLRB investigated allegations that some …
Wait, Who Pays for BYOD to Work? By Robyn McKibbin, Esq. A California Court of Appeal recently ruled that when an employee “must” use their personal cell phones for work-related calls, the employer is responsible for reimbursing the employee a “reasonable percentage” of his/her cell phone bill — regardless of whether the employee or a …
BREACH OF FIDUCIARY DUTY Gregory E. Stone, Esq. represented a plaintiff against her family law lawyer for excessive billing and bad faith. Case was arbitrated pursuant to the client’s fee agreement with her lawyer resulting in an award refunding the client’s money as well as an award of $70,000 in punitive damages against the lawyer. …
Can an Employer be Liable for a Co-worker Poisoning? By Robyn McKibbin, Esq. A medical staffing company hired an employee to work as a medical assistant and then placed that employee to work at a customer’s hospital. The employee had a disagreement with a coworker, which the coworker did not think was serious enough to …