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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Military

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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Healthcare

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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New California Pregnancy Disability Regulations Take Effect December 30, 2012

Posted by Daniel Klingenberger on

After two years of revisions and public comment, changes to California’s pregnancy disability regulations are nearly final and will go into effect on December 30, 2012. The new regulations will apply to all California employers with five (5) or more employees. California is one of few states with its own pregnancy disability protections, including pregnancy […]

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New California Requirements Regarding Requests to Inspect or Copy Personnel Records

Posted by Micah Nilsson on

On January 1, 2013, California Labor Code section 1198.5 was amended to clarify the obligations of employers to provide personnel records to employees, former employees, or their representatives (e.g., attorney or labor representative) upon request. If an employee makes a verbal request to inspect or copy his or her personnel file, the employer must provide the […]

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New California Requirements to Accommodate Religious Dress and Grooming Practices

Posted by Jeffrey Davis on

On January 1, 2013, “The Workplace Religious Freedom Act of 2012″ became law in California. As a result, California employers must implement and enforce broadened policies to protect against newly enumerated religion-based discrimination, which was expanded to include freedom of “religious dress and grooming practices.” (Gov. Code, § 12926 (p).) The term “religious dress practice” […]

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May an employer fire a pregnancy-disabled employee after she has exhausted maximum leave provided by Pregnancy Disability Leave Law?

Posted by Steven Vartabedian on

California Government Code section 12945, subdivision (a) (1), requires an employer to permit a pregnancy-disabled employee to take leave “not to exceed four months and thereafter return to work . . . .” In Sanchez v. Swissport, Inc. (filed February 21, 2013) 2013 DJDAR 2400, employer Swissport claimed that the specificity of this language found […]

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California’s Itemized Wage Statement Requirement

Posted by Mark Kruthers on

Employers in California are required to include an itemized wage statement (“pay stub”) with each paycheck provided to an employee.  Some employers create pay stubs in-house while others rely on payroll companies to generate the employer’s pay stubs.  Regardless of who creates the pay stubs, employers must be aware that California law identifies specific wage […]

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