Archive - 2013

Archive - 2013

November 26th

Whose Phone Number is it Anyway?

When Companies Allow Their Employees to Use Cell Phones for Both Business and Personal Use?

There is nothing more difficult then switching phone numbers.  People move across the country yet still keep their out of state cell phone number.  It is a pain to update your new phone number with friends, family, businesses, schools, doctors’ offices, child care, magazines, etc.   But, the same problem holds true in a business.  Your company has valuable customers and it worked hard to obtain those customers.

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November 20th

Clark R. Hudson Elected 2014 Secretary-Treasurer of Association of Southern California Defense Counsel

Neil Dymott shareholder Clark Hudson has been selected as the 2014 Secretary-Treasurer of the Association of Southern California Defense Counsel (ASCDC), the nation's largest civil defense organization. Mr. Hudson’s term will begin in February 2014 and will continue to 2015, where he will then serve as Vice President and President in 2016. He will be officially inducted into his new position at the ASCDC annual meeting, February 27-28, 2013 in Los Angeles, CA.

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November 7th

November 1st

Neil Dymott Recognized as Top Tier Firm in 2014 U.S. News & World Report - Best Lawyers "Best Law Firms" Rankings

San Diego, CA, United States -- Friday, November 01, 2013 -- Neil, Dymott, Frank, McFall & Trexler, APLC has been ranked in the 2014 "Best Law Firms" list by U.S. News & World Report and Best Lawyers® in the following areas:

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October 14th

SB 292: The Expanded Scope of Workplace Sexual Harassment and You

One glance at recent national headlines will reveal that sexual harassment has come to the forefront as a leading issue in the contemporary American workplace. Employment law experts have suggested the reporting of sexual harassment incidents in the workplace has increased as the awareness of sexual harassment increases. More than half of all California employers already report at least one sexual harassment lawsuit each year.

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September 25th

The Rise of Never Events, Adverse Events, and Hospital Acquired Conditions

An Uneasy Intersection Between Clinical Care and Liability Litigation

In 1999, the Institute of Medicine (“IOM”) reported that hospital-acquired conditions caused by medical errors (“HACs”) were a significant cause of injuries across the nation and of rising medical care costs. In order to facilitate a better understanding of HACs, enable uniform HAC reporting, and to improve overall patient safety, the National Quality Forum (“NQF”) published Serious Reportable Events in 2002.

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September 23rd

September 19th

September 11th

There's No Such Thing as a Free....Intern

How to distinguish interns from employees in California

A New York District Court recently held employers cannot use an internship program in order to avoid paying wages or paying less than minimum wage. The court separated and defined interns and employees and adopted the Department of Labor’s (DOL) guidelines. If your company employs an internship program now would be a good time to review it. Complicating matters, since the passage of the Patient Protection and Affordable Care Act, the courts ruling may reach further then just unpaid internships.

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September 10th

Discrimination Claims Made at the Workplace:Employee Cooperation will be Expected in the Employer's Internal Investigation

An employee makes a claim to his or her employer of discrimination. The employer as rule of thumb needs to investigate the claim in order to address the claim and take appropriate action. However, what happens during the employer’s investigation when other employees do not want to participate or refuse to cooperate. This question was recently addressed by the California Court of Appeal in McGrory v. Applied Signal Technology, Inc. (2013) 212 Cal. App. 4th 1510.

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