PA’s Prevailing Wage Law Shows Its Teeth
5/7/21
By: Joshua Ferguson and Courtney Mazzio Pennsylvania’s Prevailing Wage Law was enacted in 1961 to protect construction workers from out-of-state competition, mandating those contractors pay the wages that “prevail” in each region on all government construction projects more than $25,000. Violations of this state labor law has caught the attention of the Attorney General in Pennsylvania, who has used the violations as justification…
Dear California Legislature the Constitution Prohibits Ex Post Facto Laws
6/10/19
By: David Molinari If you have practiced law in the State of California for an appreciable period of time you become numb to warnings from out-of-state clients and counsel bemoaning enactments by the state’s legislature that will doom business and cause exodus of industries from the state. We are a resilient people, capable of prospering…
Hiring Summer Employees? Make Sure Your Business is Covered.
6/3/19
By: Allison Hyatt Summer is here and many businesses are looking to hire additional employees to cover the influx of business inspired by vacation season. One option is to use a temporary employment staffing agency to cover seasonal employee needs. Staffing agencies usually provide their own worker’s compensation and employment practices liability (EPL) insurance. However,…
Employers Should Consider "Prevailing Party" Language In Arbitration Clauses
3/13/19
By: Ken Menendez Employers seeking to discourage frivolous claims by employees may wish to consider utilizing a “prevailing party” clause as part of their agreement to arbitrate. Many employers utilize arbitration as a means of avoiding the generally greater cost and uncertainty of litigation in employment cases. Agreements to arbitrate are even more prevalent in…
Department of Labor Unveils Its Long-Awaited Proposed Overtime Rule
3/11/19
By: Brad Adler On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited proposed rule that would revise the white collar overtime exemption regulations. In its proposed rule, the DOL proposed raising the minimum annual salary for exempt status from $23,360 to $35,308 (an increase in the weekly rate from $455 to…
What Are The Ethical Rules For Legal Blogs In California?
2/1/19
By: Greg Fayard If you are a California lawyer and are thinking about starting a blog, keep these points in mind: Blogging by an attorney may be a communication subject to the requirements and restrictions of the Rules of Professional Conduct and the State Bar Act relating to lawyer advertising if the blog expresses the…
10/16/18
By: Rebecca Smith Nearly one-quarter of California-headquartered publicly held domestic or foreign corporations have no female directors. No later than the close of the 2019 calendar year, those companies will need to add at least one. Senate Bill 826 (SB 826) signed by Governor Brown on September 30, 2018 has mandated this change. And, if…
Navigating New California Employment Laws
2/1/18
By: David Daniels Are you and your clients doing business in California prepared for the new employment laws that take effect in 2018? If you represent employers in the state of California, these laws may very well affect the daily operations of their business. Unless specified, all new legislation outlined below went into effect on…
California’s Protecting Immigrant Worker Protection Act (AB-450)
1/11/18
By: Layli Eskandari Deal On October 5, 2017 Governor Brown signed AB-450 into law further taking California into the federal immigration landscape. The new State law took effect on January 1, 2018. Here are some key elements: Employers no longer can voluntarily grant access to nonpublic areas of the company to any immigration enforcement agent.…
Recent Affirmance of the Going and Coming Rule
11/21/17
By: Owen Rooney In Morales-Simental v. Genentech, California’s First District Court of Appeal affirmed summary judgment for the employer, thus rejecting plaintiff’s attempts to expand on the special errand exception to going and coming rule. (No. A145865). The employee was involved in a fatal auto accident at 3:30 a.m. while driving his personal auto. The…
Upcoming Changes to Form I-9 for Employment Eligibility
10/12/12
By: Kelly Morrison
United States 
is once again proposing changes to the standard I-9 eligibility form. The commentary period on the amended form is open until October 15, 2012, at which time USCIS will evaluate suggestions and issue an implementation date for the new form.
New Jersey Imposes Another Posting Requirement on Employers
10/5/12
By: Brad Adler
In addition to a record keeping requirement notice, a family leave insurance notice and others, New Jersey employers now will be required to post and distribute to employees a notice of their right to work in an environment free from gender-based pay discrimination. The new law applies to organizations with 50