When should a “negligence per se” jury instruction be given and what is the impact of the giving or not giving?

Posted by Steven Vartabedian on

There is a popular notion that if a party has violated a statute, legal liability necessarily flows from that violation. Not always so. Spriesterbach v. Holland (filed 4/9/13) 2013 DJDAR 4567 discusses some of important nuances concerning this subject. Plaintiff rode his bicycle on a sidewalk in the direction opposite the direction of vehicular traffic […]

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New Regulations and Court Decisions Spotlight The Interactive Process

Posted by Micah Nilsson on

Determining whether an employee’s physical or mental impairment should be considered a “disability” under the law has always been challenging for employers.  Recently amended California regulations establish that employees have an increasingly light burden to demonstrate they are disabled. The regulations effectively encourage employers to spend less time figuring out if an employee is disabled […]

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Does a third party’s criminal conduct of throwing concrete down onto a freeway relieve truck manufacturer’s duty to design windshield to protect against such flying objects?

Posted by Steven Vartabedian on

In Collins v. Navistar, Inc. (filed March 29, 2013) 2013 DJDAR 4169, a juvenile was throwing chunks of concrete from a freeway overpass onto the freeway, hitting a number of vehicles. One such vehicle was that of plaintiff’s deceased spouse, William Collins; a two and a half pound chunk penetrated the windshield and hit William […]

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Does California law require employers to compensate piece-rate employees a separate hourly minimum wage for non-piece-rate-producing required hours?

Posted by Steven Vartabedian on

The situation: wage and hour class action brought by automotive technicians against their employer who compensates repair work employees on a piece-rate basis; while total compensation would not drop below the “minimum wage floor” (total compensation for total number of hours), employees were not otherwise compensated anything for those specific hours they were required to […]

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Time Clock Practices – Rounding Up or Down of Time Worked

Posted by Mark Kruthers on

“To round or not to round?” That is a question asked by many employers when trying to decide how best to structure their payroll policies and practices. In an attempt to simplify the way time worked is reported and paid, and in the hope of eliminating issues caused by employees who “clock in” a little […]

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When is a rejected joint offer to settle enforceable to award expert witness fees (CCP sect. 998)?

Posted by Steven Vartabedian on

In McDaniel v. Asuncion (filed March 27, 2013) 2013 DJDAR 4038, the plaintiffs, wife and daughter of decedent who lost his life in an automobile accident, sued numerous defendants for wrongful death. Before trial, defendant Asuncion served a joint offer to the two plaintiffs to settle against this defendant alone in the amount of $100,000, […]

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The U.S. Department of Labor Publishes New Regulations for FMLA Military Caregiver Leave and Qualifying Exigency Leave

Posted by Daniel Klingenberger on

On February 6, 2013, the U.S. Department of Labor (DOL) published final regulations related to the Military Family Leave components of the Family and Medical Leave Act (FMLA).  The FMLA applies to employers with 50 or more employees and is similar in many respects to the California Family Rights Act (CFRA).  One area in which […]

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Affordable Care Act Alert

Posted by Dowling Aaron on

With the election behind us, employers can now anticipate that many of the provisions of The Patient Protection and Affordable Care Act, commonly called Obamacare, will need to be understood and followed. Beginning in 2014, large employers (employing 50 or more full-time employees), but not employers with less than 50 full-time employees, will be penalized […]

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Can product-design-defect strict liability apply to implanted medical devices? When can expert declaration be excluded on MSJ?

Posted by Steven Vartabedian on

The above two questions are presented in Garrett v. Howmedica Osteonics Corp. (filed 3/6/2013) B238304. Plaintiff Garrett was treated for cancer in his left femur by an orthopedic surgeon who implanted a prosthetic device, designed and manufactured by defendants, the surgeon had selected to replace the middle portion of the femur. When plaintiff complained about […]

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