Legal Developments

Legal Developments

2/18/2008
The Americans with Disabilities Act was enacted with the purpose of eliminating discrimination against persons with disabilities. However, the ADA is sometimes used by a few disabled individuals and organizations who file numerous lawsuits to obtain quick settlements from smaller businesses. These individuals have the set up for an ADA lawsuit down to a science.
2/4/2008
By Hugh A. McCabe & Jason E. Gallegos
1/28/2008
By Hugh A. McCabe In today’s world an employer can spend considerable time and money going through the hiring process to find the right employee. While this process can be tedious, it is important to find the right fit for your business and hopefully avoid high turnover and negligent hiring that could result in a lawsuit against the employer.
12/17/2007
California Labor Code section 2802 requires an employer to reimburse employees for all expenses which were necessarily incurred in the course of employment. While this is a relatively straight-forward statute, it may not always be easy to apply in business. The most common form of employee reimbursement is automobile costs. The California Supreme Court recently issued a ruling which gave employers some guidelines for the reimbursement of employee car expenses.
10/15/2007
By Hugh A. McCabe There is no legal requirement in California for an employer to provide its employees with either paid or unpaid vacation time. However, most employers do provide some kind of vacation benefit either to ensure its employees get needed relaxation and work rejuvenation or to remain competitive for retention of their employees.
9/17/2007
Unfortunately, lawsuits under the Americans with Disabilities Act (“ADA”) are becoming a fact of life for business in America. These lawsuits are not only costly but are difficult to defeat. The United States government has imposed a series of regulations which outline minimum requirements for compliance with ADA. Plaintiffs then sue under the technical aspects of the ADA and request attorney’s fees. Often, business can be violation of the ADA without realizing it.
8/31/2007
By David P. Burke
8/20/2007
If your company is subject to the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA), it is important to recognize these laws impose many obligations beyond the mere duty to provide leave to eligible employees when asked to do so. This is especially important when an employee is potentially subject to an adverse action by the employer. Employers need to ensure compliance with these laws to avoid claims and lawsuits for wrongful termination or retaliation.