NEW LAWS – 2019 “Me Too” Legislation, Etc. Confidential Provisions in Settlement Agreements (SB 820) Voids any provision in a settlement agreement entered into on or after January 1, 2019, that prevents disclosure of information related to civil or administrative complaint of sexual assault, sexual harassment, and workplace harassment or discrimination based on sex. Relationships… Read More »
IMPACTFUL COURT DECISIONS Discrimination Requiring job applicant to obtain and provide MRI examination as condition of employment violated ADA by discriminating on basis of perceived disability. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018). Imposing standard disciplinary actions on employee does not constitute discharge unless they involve continuous patterns of mistreatment or… Read More »
Litigation partner Norman J. Rodich will be moderating the Trial Lawyer Hall of Fame Masterclass: Cross-examination, a continuing legal education program for experienced trial attorneys. The program will be presented at the California Lawyers Association Litigation Summit on October 5, 2018, in San Francisco. The all-star panel includes trial lawyers Mary Alexander (San Francisco) and… Read More »
New Test in California to Determine If Employee or Independent Contractor In Dynamex Operations West, Inc. v. Superior Court of Los Angeles (April 30, 2018) (Dynamex), the California Supreme Court abandoned the long-standing “right to control” test based on the Court’s 1989 decision in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello). … Read More »
Please see the following new laws, effective January 1, 2018, which may impact your business directly if you have employees in California: Minimum Wage Increase On January 1, 2018, the California state minimum wage increases to $11.00 per hour for businesses with 26 or more employees. Small businesses with 25 or fewer employees will continue to pay… Read More »
On October 19, the IRS issued Revenue Procedure 2017-58, the annual inflation adjustments for 2018 for many tax provisions, including exemptions for estate, gift and generation-skipping transfer (GST) taxes as well as the annual exclusion amount for gifts as follows: Estate, Gift and GST Tax Exemption Increases to $5,600,000. For estates of decedents who pass… Read More »
According to the California Court of Appeal in Linton v. DeSoto Cab Co. Inc., Calif. Ct. App., No. A146162 (Oct. 5, 2017), a California trial court applied the wrong legal standards and therefore erred in concluding that a cab driver was an independent contractor rather than an employee. The trial court had ruled in favor… Read More »
On October 12 the Orange County Ronald McDonald House presented their signature fall event – Dusk at the Grove. Rose Kottke of Palmieri Tyler, a long-time sponsor of the event, would like to thank the volunteers and donors who helped the Orange County Ronald McDonald House realize over $144,000 in revenue from this event. The… Read More »
USCIS published a revised version of I-9 Form; employers must begin using it by September 18, 2017 The U.S. Citizenship and Immigration Services (USCIS) has released a new version of the I-9 Form. Employers must begin using the new version by September 18, 2017. This is the second update in less than one year. The… Read More »