Ervin Cohen & Jessup LLP

AB 2535 Expands Exceptions to Tracking Hours Requirements on Itemized Wage Statements

Prompted, in part, by a 2015 federal court decision which held that employers must state the total hours worked by outside sales persons, Assembly Bill 2535 amends Labor Code section 226 to further clarify the categories of…more
| Labor & Employment Law

Safe Harbor for Violations of Disability Access Under the Unruh Act

Senate Bill 269 provides a “safe harbor” period for some businesses to correct certain violations related to construction-related disability access under the Unruh Act. The bill reduces fines for certain technical violations…more
| Civil Rights, Elections & Politics

New Law May Reduce Amount Subject to Wage Garnishment

In case you missed it, Senate Bill 501, a law which became effective on July 1, 2016, may reduce the prohibited amount of weekly disposable earnings that may be garnished depending on where the employee works. Specifically,…more
| Labor & Employment Law

New Law Establishes Online Unemployment Insurance and Electronic Reporting Requirements

Beginning January 1, 2017, Assembly Bill 1245 requires that employers with 10 or more employees must file all unemployment insurance reports and returns using the e-file system. Also, these employers must remit contributions for…more
| Elections & Politics, Labor & Employment Law

Senate Bill 667 Extends Claim Period Under State Disability Insurance Program

Effective July 1, 2016, Senate Bill 667 extends from 2 weeks to 60 days the period of time that an employee can reopen a disability insurance claim without having a new 7 day consecutive day waiting period of wage loss. This…more
| Labor & Employment Law

New Workplace Smoking Prohibitions Include E-Cigarettes

So you think vaping is the key to reducing workplace stress? Think again. Senate Bill 5 expands no smoking prohibitions to include e-cigarettes (vaping) and expands the definition of “tobacco products” to include all forms of…more
| Labor & Employment Law

Wanna Fight? Illinois District Court Refuses To Grant Summary Judgment To Lender On Bad Boy Provision In Guarantee Agreement

In the case of Wells Fargo Bank N.A. v. RLJ Lodging Trust, an Illinois district court denied a lender’s motion for summary judgment seeking to enforce a bad boy carve-out provision in a guaranty agreement providing for full…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

EEOC Issues Guidance Regarding Leave as an Accommodation Under the ADA

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a guidance to employers regarding an employer’s obligation under the Americans with Disabilities Act (ADA) to provide unpaid leave or extend a paid leave on…more
| Labor & Employment Law

Private Attorney General Act Amendment Permits More Government Oversight of Claims

Buried in an appropriations bill designed to address no fewer than 42 separate issues is a small, but important item for California employers. In response to requests for legislative restrictions on the Private Attorneys…more
| Civil Procedure, Labor & Employment Law

Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?

Question: Unauthorized Transfers of Receivership Property: Void, Voidable or Ok? Answer: In a recent unpublished bankruptcy appellate panel decision (In Re Domum Locis, LLC, 2015 WL 4697747 (9th Cir. BAP 2015)), the BAP…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Careful Who You Trust. A Lender Can Be Liable For The Negligence And Misrepresentations Of Its Loan Servicers, Even Absent Any Contractual Privity Between The Borrower And The Lender

In the recent case of Daniels v. Select Portfolio Serving, Inc., the California Court of Appeal has held that a lender may be liable for the negligence and misrepresentations of the lender’s servicer, without any contractual…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Real Estate - Residential

What Can Be Done With Returned or Uncashed Distribution Checks?

Question: I have seen various instances where receivers have requested that funds from returned or uncashed checks from a distribution be redistributed to other claimants or used to pay administrative fees or costs. Is this…more
| Bankruptcy, Civil Procedure, Finance & Banking

Employers Must Remember to Raise Minimum Wage in Los Angeles County

Like the City of Los Angeles, Los Angeles County raised the minimum wage for employers with 26 or more employees to $10.50 starting July 1, 2016. The rule will apply to all workers who work at least 2 hours in the unincorporated…more
| Labor & Employment Law

Do You Need a Confirmation Hearing When a Receiver is Appointed Ex Parte?

Question: Do you need a confirmation hearing when a receiver is appointed ex parte and are there any exceptions? Answer: Yes and no. In early practice in California, the appointment of a receiver on an ex parte basis was…more
| Bankruptcy, Civil Procedure, Finance & Banking

New Minimum Wage For Pasadena Starting July 1, 2016

In a move which matches its counterparts in Los Angeles and Santa Monica, the City of Pasadena is set to increase its minimum wage for employers with 26 or more employees to $10.50 on July 1, 2016, while smaller employers have…more
| Labor & Employment Law
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