Legal Developments

Legal Developments

11/26/2013
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...
10/14/2013
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.
9/25/2013
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...
9/19/2013
Corenbaum & Carter v. Lampkin By Kendra A. Anderson
9/11/2013
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,...
9/10/2013
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.
3/21/2013
Federal and state lawmakers have kept employers on their toes lately. Issues affecting the U.S. workforce have taken center stage at the Capitol, sparking rumors of significant legislative overhaul in the employment arena. However, unbeknownst to many, while the debate on employment law reform gained traction, the California Supreme Court was positioning itself for a more subtle, but equally significant, strike on Fair Employment and Housing Act (“FEHA”) employment discrimination...
1/8/2013
The Supreme Court’s decision last June confirmed the constitutionality of the Patient Protection and Affordable Care Act (PPACA), often called ObamaCare, and the President’s re-election in November ensured the law will be implemented in stages through 2014. Nevertheless, despite all of the news coverage, rhetoric and impassioned debate on the subject, most small business owners and entrepreneurs do not understand what impact this eventuality will have on their companies.