September 26, 2016

By Gordon E. Bosserman


A recent federal case has held that an employer did not violate the ADA when it failed to return an employee out on sick leave to a full-time position as a bookkeeper. This was a small employer who had replaced the position with a part-time bookkeeper under circumstances where the remainder of the former employee’s services were provided by a management employee.

A Court of Appeal in California has held that an employer who allowed one 20 minute rest break instead of two 10 minute rest breaks did not comply with California’s requirement (IWC Order No. …

July 11, 2016

By Gordon E. Bosserman


In May 2016, the U.S. Department of Labor announced the highly anticipated Federal overtime rule changes under the Fair Labor Standards Act. Many employers have asked whether there is anything they need to do to comply with the new Federal rules. This is possibly the only time I will ever tell anyone that it is a good thing to be a California employer.

If an employer is already complying with Wage and Hour Laws in California, it is already complying with most of the new Federal rules. The one possible exception arises out of the “white …

June 9, 2016

kathyIf you think you’ve got problems managing minimum wage issues and changing laws, imagine what it’s like for a restaurant group with 1,850 locations –including more than 500 in California alone.

On Monday, June 20 at our annual Central Coast Business Symposium you can hear all about it – direct from Dan Sheehy, Cal Poly alum and controller of Panda Express Restaurant group, Inc., whose revenues top $2.7 billion. Dan will discuss how his organization is managing huge change, avoiding staggering penalties and fortifying itself in this most confusing arena. Even if you don’t have minimum wage employees, you should …

May 6, 2016

gbossermanBy Gordon E. Bosserman

I recently attended a seminar at which one session was devoted to workplace violence. This was timely, of course, because it came closely on the heels of the shootings in San Bernardino and only a year or so after the shootings at the Seal Beach hair salon. In California, an employer is required to provide a safe place to work. The employer must also, however, be careful not to reveal information about an employee or former employee that might be construed as defamatory, like warning a prospective employer that an employee was let go because he/she …

January 7, 2016

gbossermanBy Gordon E. Bosserman

Last year, the California Legislature was busy (as usual) adopting new employment laws and tweaking existing employment laws. What follows is a discussion of some of the laws that take effect in 2016 and which have impact on the way California employers conduct their business operations. It is not, however, an exhaustive look at all new or changed employment laws. Unless otherwise indicated, these laws become effective on January 1, 2016.


Last year, the Healthy Workplace, Healthy Families Act was signed into law and required employers to begin providing the

August 7, 2015

gbossermanMany employers have classified workers as “independent contractors” because a true “independent contractor” is exempt from the labor laws on minimum wage, overtime, workers compensation and unemployment insurance issues. It is safe to say that employers will soon see a crack down on use of this designation, because on July 15, 2015, the Wage and Hour Division of the US Department of Labor issued a long awaited statement of the factors it will now use to determine whether a worker is properly classified as an “independent contractor.”  Its reason for doing so was stated as follows: “In recent years, employers …

June 2, 2015


Lots of Lawyers, Very Little Legal Talk

It’s not enough to just be a great attorney. Our clients demand lawyers who are on top of business trends as well as closely connected to local business and government. We take that charge seriously at AMB. And one of the best – and admittedly most fun – ways we showcase our efforts in this arena is at our annual Central Coast Business Symposium.

We’ve rounded up a slate of speakers on thought provoking, business relevant topics for this year’s event on June 15.

SLO resident and GoDaddy, Inc. CEO Blake Irving is …

April 17, 2015


The start of the year is usually very busy for people, so taking a moment to review the new laws is not always possible. As we move into the second quarter of this year, we wanted to remind you about a new law that went into effect in California on January 1, 2015, that applies to an employer who works with a staffing agency or labor contractor.

The new law (AB 1897) is now section 2810.3 of the California Labor Code. An employer needs to be very careful in using a staffing agency (someone who rents the employer’s employees back

February 4, 2015


Can a Facebook post by a teenager bring legal problems for the rest of the family? If you think the answer is no, think again.

A Florida court of appeal granted an employer’s motion to enforce a settlement and awarded the school money when the teenage daughter of a former employee posted a comment on Facebook about the settlement, which was suppose to be confidential. In the decision Gulliver Schools v. Snay (Florida Ct App 02/26/2014), the school (the employer) appealed the trial court’s order granting Snay (the school’s former headmaster) a motion regarding enforcement of the settlement agreement between …

January 21, 2015

kathyIt’s 2015 and California employers have a brand new list of new To-Do’s that come courtesy of Sacramento legislators. Be aware of changes in the law and take steps to make sure you’re covered. If you haven’t started your HR checklist, we’ll help with the one that follows.

  1. Update your personnel policies. California became the first state in the nation to require employers, regardless of size, to offer paid sick leave. Your sick leave policy must provide for any employee who has worked for you for at least 30 days to begin accruing sick leave at the rate of one