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How To Comply With Brinker?

By | Blog, Employment Law

…little attention so far has been given what is perhaps the most important question for California employers: What is required, practically, to comply with the mandate that an employer “… relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so.”

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Employment Arbitration, Again

By | Blog, Business Law, Employment Law, Litigation

A California Court of Appeal has written another chapter in the unfinished epic struggle between the federal and California courts over the enforceability of employment arbitration agreements. And it reads against enforceability. The decision, Mayers v. Volt Management Corp., is of practical value, and provides guidance on drafting and implementing an employment arbitration agreement…

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Meal Periods and Rest Breaks, Again

By | Blog, Employment Law

Another California Court of Appeal has concluded that while employers must provide employees with meal and rest breaks, they do not need to ensure that employees actually take them. In the Lamps Plus Overtime Cases, the court denied class certification and, more importantly for this discussion, ruled against the plaintiffs’ on the merits of their claims.

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Whatever Happened to That New Mold Law?

By | Blog, Real Estate Law

In 2001, in the wake of increased concerns over deleterious health impacts of multicellular fungi, or mold, found in indoor environments, the California Legislature enacted a comprehensive protection scheme called the Toxic Mold Protection Act of 2001 (“the Act”)…Looking back now, 10 years later, the Act looks like much ado about nothing. Though the most recent update found on the DPH website is dated July 2008…

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California Law Now Requires Carbon Monoxide Detectors

By | Blog, Real Estate Law

Under newly-enacted sections 17926, 17926.1, and 17926.2 of the Health & Safety Code (part of Senate Bill No. 183), owners of all such properties (excepting properties that are, generally-speaking, owned by or leased to the government) must install carbon monoxide alarms by the following deadlines: (1) July 1, 2011, as to single-family dwellings, or (2) January 1, 2013, as to all other dwellings.

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