May 10, 2018
As most of us know, generally an arbitrator’s decision is final in contract arbitration cases meaning the decision cannot be overturned by a trial court or court of appeal even if it is wrong. This principle is commonly stated and generally accepted. It is frequently the basis upon which decisions are made to agree, or to not agree, to arbitrate a dispute.
Yet, a case decided this last year, Harshad & Nasir Corp v. Global Sign Systems, Inc., https://caselaw.findlaw.com/ca-court-of-appeal/1870918.html set aside an approximately 3 million dollar arbitrator’s award on the basis it was not supported by substantial evidence. This …
April 2, 2018
The legal right of California employees to take a meal break has kept many lawyers busy over the last few years. Unfortunately, most of the court cases addressing the meal break law focus on what employers did wrong; few offer clear guidance on how to get it right. The recent Court of Appeal decision in Serrano v. Aerotek, however, provides a primer for employers on how to get it right. Even though this case was brought by an employee who was placed by a staffing agency, the court’s conclusions regarding what the staffing agency did correctly would apply to …
March 30, 2018
30 MARCH 2018 – WMA REPORTER
By Lisa Toke
Lisa Toke is a principal at Andre, Morris & Buttery, a law firm that has been advising mobile home park owners on pre-litigation strategy, and representing them in litigation, for decades.
“I know the park only allows one pet, but I have a second dog that is an emotional support animal.” These words, or words like them, have been frustrating mobile home park owners and managers for years.
The main problem with service and emotional support animals is that the law governing them is far from clear. And although that law …
February 6, 2018
Mediation can take many forms. But what can be done to enhance your chances of success? While there may be no definitive recipe, this article will explore different possibilities.
Let’s first discuss the role of the mediator. We know from our own real-life experiences that the techniques and style of the mediator play a critical role in the mediation process. But is there a specific technique and/or style that is considered a best practice? A recent study published by the ABA Section of Dispute Resolution would suggest that there is no identifiable “best practice.”  Yet, in the study’s complex …
January 29, 2018
by Gordon E. Bosserman
Irrespective of your opinion regarding the actions of some professional football players during the playing of the Star-Spangled Banner before games, you might find it interesting to know that there are also employment law issues involved in the action. Many professional football players, beginning with Colin Kaepernick, then with the San Francisco Forty-Niners, have been taking a knee during the playing of the National Anthem as a political expression. Recently, Jerry Jones, the owner of the Dallas Cowboys, has said that he will not allow any player who does not stand for the playing of the …
January 25, 2018
The number of Americans with criminal convictions in their background has increased due to the increase in enforcement of drug laws. So when the Recession brought layoffs, the challenge to find employment when the applicant has a criminal record became the focus of many state and local lawmakers. Both Los Angeles and San Francisco adopted “Ban-the-Box” laws, requiring employers in those jurisdictions to eliminate the box from applications that require disclosure of criminal history information. Since Governor Jerry Brown signed AB 1008, it is now state law that employers of 5 or more people are not be permitted to inquire …
October 31, 2017
By Dennis D. Law
The most common means of enforcing a settlement agreement is to make a motion to enforce in the pending action under Code of Civil Procedure Section 664.6. A real life example of this is found in the litigation surrounding the storied wealth of the Hearst family.
Boilerplate language in most settlement agreements assumes that a means of enforcement is available, but one should not assume that Section 664.6 will apply.
First, Section 664.6 only applies if there is a pending action. Although this may seem like an obvious point, standard Section 664.6 clauses sometimes appear …
October 4, 2017
Along with her J.D., Kathy Eppright can now add AWI-CH after her name to highlight her expertise in conducting workplace investigations.
Kathy has been doing workplace investigations for about 15 years and over that time the need and standards for conducting investigations of workplace complaints has dramatically changed. In 2016, California added new regulations requiring employers to use “qualified personnel” to conduct an “impartial and timely investigation” of complaints of harassment and discrimination. Specific standards and best practices for conducting a workplace investigation have evolved over the years and being able to demonstrate that an employer’s investigation met those standards …
July 21, 2017
By Gordon E. Bosserman
The California Legislature is considering amending the Fair Pay Act to prohibit an employer from asking about what a job applicant made in compensation from his or her previous employers. (See AB 168) This is not yet the law in California; currently, an employer may ask about previous compensation. Do you know what current law in California requires regarding “equal pay”? If not, here is a brief summary.
In 2016, California enacted the Fair Pay Act. Under that law, an employer was prohibited from paying any of its employees wage rates that were less than the …
March 16, 2017
Rental property owners and managers face strict laws intended to provide protections for tenants. There are three developments in California landlord-tenant law that you should be aware of if you own or manage any rental property.
First, AB 551 amends several sections of the California Civil Code to address bed bugs in rental properties. The most pressing amendment requires landlords to give a notice to new tenants containing particular language on and after July 1, 2017, and to give the same notice to existing tenants by January 1, 2018. The legislation also prohibits a landlord from retaliating against a tenant …