Recently a group of plaintiff attorneys have started filing claims under California’s Proposition 65 also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 for a chemical known as Furfuryl Alcohol.  As of September 30, 2017, all products containing Furfuryl Alcohol sold in California must include a warning meeting the Prop. 65 […]

Labor Code sections 202 and 203 require employers to make prompt payment of the final wages owed to employees who are discharged or “quit.” An employer that “willfully fails to pay” is subject to waiting time penalties of up to 30 days’ wages.   When an employee retires, is he or she quitting under section 203?  […]

Fresno is home to the nation’s second largest population of Hmong immigrants and their children. Since 1999 the Hmong International New Year Foundation, Inc. has hosted an annual New Year celebration at the Fresno Fairgrounds that has attracted tens of thousands from throughout the world. For the past four years, with the help of Dowling […]

In Davis v. Honeywell International Inc. (filed 3/3/16, B256793), the admissibility of evidence going to the  burden on a plaintiff in an asbestos-related cancer case to prove legal cause, as was addressed by the California Supreme Court in Rutherford v. Owen-Illinois, Inc.(1997) 16 Ca.4th 953, is clarified in light of the trial court’s “gatekeeper” role […]

Commonly referred to as a “whistle blower” statute, Labor Code Section 1102.5 (b) provides in part that an employer “shall not retaliate against an employee for disclosing information . . . to a government or law enforcement agency . . . if the employee has reasonable cause to believe that the information discloses a violation […]

Educational institutions have unfortunately become the location of assaults on innocent bystanders by individuals with hateful agendas.  When some of the most horrific acts have been committed, members of the public often have asked, “Were there any warning signals that could have been acted upon to avoid this tragedy?” The Regents of the University of […]

In Higgins-Williams v. Sutter Medical Foundation (filed 5/26/2015) C073677, plaintiff worked as an assistant in patient intake at one of defendant’s clinics.  Her immediate supervisor was Debbie Prince, who reported to regional manager Norma Perry.  After about 3 years on the job, plaintiff reported to her treating physician she was suffering stress because of interactions […]

Healthcare providers have long been aware that there can be severe penalties for submitting claims to a federal healthcare payment program where the services were provided by a person excluded from participation in the program.   Eligibility of personnel to participate in such programs is determined through background checks, with appropriate updating, that include checking the […]

As of January 1, 2015, commercial real estate agents and brokers in California are required to comply with a more strict set of agency disclosure requirements. The effect of which imposes stringent agency disclosure requirements on commercial brokers (formerly applicable only to residential brokers) in connection with the sale (or lease exceeding one year) of […]

Dickson v. Burke Williams, Inc.(filed 3/6/15) B253154 is a case in which the jury awarded plaintiff employee $35,000 in compensatory damages, plus $250,000 in punitive damages, based on its finding that defendant employer failed to take reasonable steps to prevent sexual harassment by the massage therapy company’s customers. However, while the jury made a special […]