Most Employers Can Require Arbitration Agreements As A Condition Of Employment

In a victory for American employers, the United States Supreme Court has just ruled that class action waivers in arbitration agreements required as a condition of employment do not violate the National Labor Relations Act, the 1930s law that applies to all base level employees, even absent a union.

Most private California employers will now be able to require as a condition of employment that employees agree in advance to arbitrate employment disputes. A well-crafted arbitration agreement developed with the help of experienced employment counsel familiar with this case presents the possibility of reducing the time, expense, disruption to your business, and potential negative publicity of litigating class action employment disputes in court. As well, it eliminates exposure to a runaway jury verdict.

The case is Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc.

JULY 1: NEW NATIONAL ORIGIN REGULATIONS

REMINDER: California has approved new regulations addressing national origin protections for applicants and employees, including individuals who are undocumented. Even though California already has strict rules prohibiting harassment and discrimination based on protected classes, including national origin, California has approved new regulations which expand on those rules. These new regulations also reiterate the Fair Employment and Housing Act’s prohibitions against harassment and retaliation based on national origin.

Should you have any questions regarding the new regulations, contact the Employment and Labor attorneys at SBEMP.

NEW RULES SET FOR DETERMINING
EMPLOYEE VERSUS CONTRACTOR

In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard California courts used for 30 years to determine whether a worker was an independent contractor or an employee under California’s various Wage Orders.

The Court ruled on April 30th in Dynamex Operations West v. Superior Court of Los Angeles County that from now on businesses must use a three-factor, or ABC, test when making that determination. The test presumes the worker is an employee and not an independent contractor unless each of three conditions is satisfied.

For additional information, contact our office or continue reading on SBEMP Facebook Page.

Employment & Labor Law Attorneys of SBEMP

thomas_s_slovak lena_d_wade vee_b_sotelo
 Thomas S. Slovak  Lena D. Wade   Vee B. Sotelo

SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Issues In Proving STI Tort Cases

When considering taking legal action after contracting a STI, there are many things to think about. Talking to a legal professional helps to sort through your options on how to move forward. Sometimes these cases are not easy to prove, but with the help of an experienced lawyer, you can have peace of mind knowing if you have a case and how to claim for compensation.

Issues with STI Cases

Contacting one of our experienced Palm Springs sex torts lawyers helps you know if you have a case or not. STI cases are hard to prove because the defendant may not even know they have a STI. Our lawyers would also need to gather evidence to prove that they knew they had it and failed to disclose it or denied they had it to you, the plaintiff. We also must prove that this is the person who transmitted it to you. 

One Way We Can Prove An Existing STI

Proving these allegations can be difficult. When HSV-1/HV-2 is involved, the infected person may not be aware that they transmitted the disease. A person may know they have a STI and have symptoms or been treated. Proving that you, the plaintiff, was disease free before the sexual relationship began can also be hard to prove. A lab test can be good evidence as well as witnesses from previous relationships. Without that, it can be one person’s word against another. 

Damages in Sex Tort Cases

Damages in sex tort cases are comprised of physical and psychological damages. Our experienced Palm Springs sex torts litigation lawyers are aware that sex tort lawsuits can be very intrusive. A person’s privacy can be infringed upon. A person’s background, medical history and sexual history will be investigated. All claims must be filed in a timely manner according to the statute of limitations. 

If you feel you have been infected by someone who knew they were infected, it is essential that you contact our Palm Springs sex torts litigation lawyers as quickly as possible. An attorney will meet with you and review your legal rights.

Facts about Herpes HSV-1 and HSV-2 and Next Steps

Two viruses, herpes simplex 1 (HSV-1) and herpes simplex 2 (HSV-2), can cause genital herpes infection. Although similar, they are not the same. HSV-1 is the most common cause of oral herpes otherwise known as cold sores. HSV-2 is sexually transmitted, otherwise known as genital herpes. Herpes can remain dormant for a long period of time. Even where there are no symptoms, the infected person is still contagious. 

Symptoms of Herpes Simplex 1 and 2

Symptoms of both herpes 1 and 2 are similar where sores, or blisters, filled with fluid appear. Once the fluid is absorbed, the sore scabs over. The infected person is still contagious. HSV-2 results in sores on the genitals, vulva, vagina, anus. It spreads during oral, vaginal or anal sex. 

Risk of Getting Genital Herpes

Risk of contracting genital herpes can be minimized by being in a long term monogamous relationship with a non-infected partner. Using a condom also helps, but it is not always 100% effective. Herpes can be given from parts of the body that the condom does not cover. There is no cure for herpes. There are medications that can prevent, or shorten, outbreaks. 

Next Steps If You’ve Contracted Herpes Unknowingly From A Partner

If you contract herpes from another person, that person may or may not know they have it. 70% of HSV infections are spread unknowingly. No outbreak is visible.

You may want to contact our experienced Palm Springs sex torts attorneys to find out if you are entitled to compensation. Know your legal rights. Don’t wait since there is a statute of limitations to file a law suit. Call now for an appointment.

Writing Good Contracts Protects Your Business From Risk

What Is A Good Contract? 

A perfectly prepared contract covers many details, both minor and major. A contract is more than a list of these details, but also includes the business processes and decisions. It is important that you document your processes to the respective transaction.

What Are The Risks Of A Poorly Written Contract 

An improperly created contract can make your company vulnerable in the event of an upset client or could also mess up your relationship with vendors. The more potential vulnerability there is, the more of a priority it is to consult an attorney to help with your contract. 

What Can Make Your Contracts Better? 

An attorney can advise you on contract issues, or even create a good contract system for you. They can provide updated contracts and policies that will be practical and help you get the necessary signatures. Their work will help your business negotiations with organization, and they can assist with awareness of any potential risk probabilities. 

Where To Find Knowledgeable Legal Advice? 

SBEMP has attorneys that are experienced in various types of contracts. They have been doing this type of work in the Palm Springs area with clients from various business industries. They understand how to use contracts, clauses, procedures, and systems to reach an end of profit and build relationships between businesses. Whether you need a review, draft, consultation, audit, training, or something custom created, contact SBEMP’s Palm Springs corporate law firm for a low risk, uniform contract system.

Understanding the Employment Litigation Process

Understanding Employment Litigation

When it comes to employment litigation, it is not always about whether the employer feels the employee has been treated fairly. The employers’ view of fairness can be very different from the employee or the law. Most employers are caught off guard in litigation by an employee they thought was treated correctly. When this happens, it is important for the employer to fully understand the complex process of employment litigation to try and avoid trial or keep losses to a minimum. The article below will discuss the common steps in the litigation process.

Regulatory Agency Review

Most employment litigation will begin in either the Equal Employment Opportunity Commission(EEOC), Employment Security Commission(ESC) or the Department of Labor(DOL). During this phase investigators or attorneys work to build a case for the employee. 

Filing Complaint

If an agency or the employee decides to file a lawsuit, usually it must be done within a short-specified time frame, often in as little as 90 days. Once served by the employee, the employer must decide how to respond.

Interrogatories

This step is when both sides present the opportunity to ask each other questions to expose what each side knows in relation to the case. 

Mandatory Mediation

This stage involves a mediator that attempts to settle the suit prior to avoid trial.

Summary Judgment

This is the last step before trial where either side attempts to persuade the judge on why the case shouldn’t go to trial.

The employment litigation process is very complex and should be handled by professionals that understand these cases. If you are an employer facing litigation, don’t hesitate to contact our Palm Springs employment law attorney today.

California Regulatory Compliance Counseling on Environmental Laws

The Sustainable Groundwater Management Act

Governor Jerry Brown of California signed the Sustainable Groundwater Management Act (SGMA) on September 16, 2014. This is a combined bill comprised of three legislative bills. Senate Bill SB1168, (Pavley)Assembly Bill AB 1739 (Dickenson) and Senate Bill SV1319 (Pavley)

Understanding the Dilemma of Water in California

Prompted by a drought, which is common in California, this legislation helps in the regulation and management of underground water throughout California. Under this act, medium and high priority basins are regulated as to the amount of pumping that is allowed. Ground water is critically important as a reserve due to the frequent droughts in the state of California. When surface water gets used up, ground water is called upon. The Sustainable Groundwater Management Act requires agencies of medium and high basins to be in compliance by 2042.

The Groundwater Sustainability Agencies

Local agencies form Groundwater Sustainability Agencies (GSA) to manage their groundwater basins. As infrastructure is vital, overuse of groundwater from Aquifer systems can cause land problems with wells, buildings, and roads. Also, seawater intrusion is an important issue in California’s coastal groundwater basins. Interconnected surface water depletion usually results during droughts. Adequate groundwater is essential to keep water flow even and constant.

Let SBEMP Help You Become Fluid In Procedures Concerning the SGMA and GSA

Our experienced Palm Springs environmental attorneys are essential in helping local agencies navigate the law and understand requirements of these laws. The laws are complex, and our attorneys are well versed in transnational practice, as well as counseling on issues effecting real property. These include underground oil tank remediation, proper asbestos removal and removal of contaminated soil and of course when dealing with groundwater.

Our Palm Springs environmental attorneys can also offer counseling on proper hazardous waste packaging and disposal.

Fight For Your Reputation Against Slander

Filing for a civil lawsuit isn’t always a one-size-fits-all procedure and can vary across different states. The person that has suffered from slander has the right to file for a law suit, allowing the defendant to retract his/her statement. Filing for slander and winning a suit can only yield compensation and possibly a public apology. Corporations greatly value their brand and/or positive image.

SBEMP Fights For Your Reputation

It can be difficult when your reputation has been smeared from false statements made to intentionally damage your reputation and image. Because of this, SBEMP and our attorneys have successfully represented those who are falsely accused.

Slander can either be in form of slander or slander per se with the former having an additional person that has been a victim of libel to testify against the defendant. Victims can also file for special damages that are monetary.

In California, alleged victims can sue without pushing for special damages. We understand how a lawsuit can become libel if the defendant pleads not guilty to some previous suit, then smears the character of the person and many other variables that lead to civil suits regarding libel.

Let SBEMP Protect You In Civil Suits

We want to stop the trend of clients being smeared by statements either orally or otherwise. Our firm will assign an excellently skilled Palm Springs civil litigation lawyers with a background of experience in this field to help consult you on the steps to take. Using the evidence in the face of the opposition, we are confident of finding the best solution to the problem and greatly reducing its impact in your life.

 

Alternative Dispute Resolution: Save Time and Money in Legal Arbitration

The Alternative Dispute Resolution procedure is a more efficient and cost-effective option to the very expensive and often time-consuming process of a drawn out investigation and trial. Alternative dispute resolution (ADR) refers to various legal procedures that assist you in finding solutions to disagreements without a trial. ADR is typically divided into at least four categories: negotiation, mediation, collaborative law, and arbitration. Sometimes a fifth sort, conciliation, is featured; however for our objectives, it may also be considered mediation.

What is Alternative Dispute Resolution?

ADR is a private and solely voluntary course of action wherein an impartial third party assists persons engaged in a legal dispute to resolve issues.

If all parties and their counsel jointly come to an agreement involving an ADR Agreement, the authorized legal counsel will assist them with:

(a) specify the primary matters in dispute
(b) establish a realistic schedule for the conclusion of any necessary discovery
(c) develop confidential and undisclosed impartial case assessments for each party relating to the likely result of the matters in dispute
(d) make informal evaluations regarding the time and expense needed to perform their pretrial activities.

Privacy is Essential in ADR

No party included in the dispute decision may subsequently divulge specifics of the disagreement, the details or outcome of any discussion, mediation, or arbitration without explicit written permission of all participants, except in cases where it is required to enforce or challenge the negotiated agreement or the arbitration award; required by law, or as required for financial and tax reports and/or audits. In the mediation procedure, the mediator assists the participants in determining vital issues , pinpoint disagreements , examine remedies , and negotiate a resolution as an alternative to going through a costly and lengthy trial.

Contact our Palm Springs alternative dispute resolution attorneys to discuss your case and how we can help you.

Ways to Value Intellectual Property and Intangible Assets

Analysis of IP valuation may not be correct because the analyst may lack experience and understanding of the legal issues in connection with assets. Even when market comparables are provided, comparable contacts should be adjusted to show the differences among various transactions, and the variances in the intellectual property or intangible assets.

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Construction and Real Estate Risks and Law

Palm Springs construction and real estate laws account for developers, contractors, and landlords in control of inadequate maintenance, inspection, design and construction of buildings for residential, commercial, and industrial use. Typically, real estate litigation arises out of contracts that have gone wrong. Typical examples are insurance firms that will not pay or construction that presents delays, defects, and more.

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The Legal Representation Of Sexually Transmitted Diseases

Sexually transmitted diseases (STDs) are a standard public pathological hazard that affects many.
STDs, conjointly referred to as sexually transmitted infections (STIs) effect one in 2 sexually active persons by age twenty-five. Once it involves lawsuits, the cases that often find a presence in court are typically those that involve a significant or life altering infection, like HIV/AIDS, syphilis, and different strains of infectious disease (such as hepatitis B and C, or strains of herpes).

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7 Types of Personal Injury Compensation

If you have been injured by another person’s negligence due to receiving an STD or other sex tort issue, you may entertain the thought of what a personal injury case could be worth. The key to the answer is in the damages incurred. With one of our Palm Springs personal injury attorneys facilitating your case, you’ll need to see what proportion of monetary harm you’ve suffered and mix that together with your physical and emotional trauma as well as pain and suffering. For private injury cases, a victim could receive money for damages that sometimes cover past and future medical bills, lost wages, and sometimes damages for pain and suffering.

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What are Public Contracts?

State codes that prohibit public officials and public staff from making public contracts during which they exhibit a monetary interest is notoriously obscure, broad, and often malleable. Many states create laws for non-appointed and appointed officials discouraging all staff and representatives from having a vested interest in any contract created by them in their official capability. However, state courts and politics have taken these terms loosely, creating hazardous straightforward violations to certain statutes sometimes while not even knowing it.

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Avoid Litigation with Alternative Dispute Resolution

An important side of our ability in achieving the self-made resolution of commercial disputes is our attorneys’ expertise in alternative dispute resolution. Resolving issues in commercial litigation and disputes can be core to a company’s business implementation and strategy. When disputes arise, business owners and public entities can usually choose to settle outside the court, through judicial litigation procedures, instead of facing trial.

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Handling Problems in Probate

Probate is the legal method by that the fiduciary (executor) of the estate ultimately settles all affairs of a deceased dearest. It is typically more sophisticated for the executor of an estate, who has a fiduciary obligation and who has been entrusted with the responsibility of overseeing an estate’s assets while facilitating the methodical process of probating the estate.

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Why DIY is Hazardous to Your Estate Plan

Estate planning attorneys may work with financial experts to help customers create legally-binding trusts related to the disbursement of money and assets.

Great legal representatives can often provide advice for a better distribution of an estate’s assets. Going forward, legal documents can be drafted and utilized to discharge debts (like mortgages and loans) upon the death of an individual. This aids in avoiding the creation of any undue burden upon family members.

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Challenges Companies Face with Mergers and Acquisitions

Progressive corporations have realized that a merger is not only dependent on the combination of the two companies’ assets, but also of the cooperation of their employees and human resources. Given that the demand for capital, heavy regulatory burdens, and shifting models of compensation, a business has financial challenges they face when completing a Merger and Acquisition.

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The Benefits of Companies Establishing an LLC

Businesses, by law, are required to adopt formalities within the corporation to ensure the company functions as a separate entity to themselves, independent of the company’s owners. A Limited Liability Company is also known as an LLC and is, for instance, set up as the entity itself and shields the individual owners from personal liability.

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Tribal Lands Seek Protection Against Fracking

A recent article states that environmental and tribal coalition groups have sued to obstruct a rule from 2015 in order to protect wildlife and public resources. The case is set to repeal the Trump Administration’s change to the rule that protects against fracking on lands that belong to federal and tribal communities. Continue reading