Employers must be prudent and proactive to avoid serial ADA litigation in San Diego. A wave of ADA related lawsuits over the past few years here in San Diego and across California has been attributed to a portion of California’s own ADA law that mandates a minimum of $4,000 penalty...
When is an Insured Party Eligible for Cumis Counsel in San Diego?
What is “cumis counsel” and when is an insured party eligible for cumis counsel in San Diego? Cumis counsel is an independent counsel that represents the interest of an insured defendant in a lawsuit that involves insurance coverage, when the underlying facts of the lawsuit create a “conflict of interest”...
Recent Article in SD Tribune Hints of Risks for San Diego Employers in 2016
A recent article in the Tribune is another source of evidence of the risks for San Diego employers in 2016 and beyond. The article discussed efforts by federal and state agencies to monitor employer wage and hour compliance, and the ramped up efforts of those agencies to target employers to...
San Diego Employers Reacting to Changes in California’s Fair Pay Act
San Diego employers are reacting to changes in California’s Fair Pay Act and the impact it is having upon employees across the State of California. One of the first major changes in the Fair Pay Act law relates to an employees right to be able to openly ask any other...
We Agree with Recent LA Editorial – Its Time to Stop Frivolous ADA Litigation
The Americans with Disabilities Act or ADA was passed in the 1990’s to ensure that all people with disabilities will have an opportunity to access employment opportunities, as well as public spaces and amenities offered to visitors. We fully agree with the intent of these laws, and in the protection...
ADA Compliance in San Diego is a Must in this Highly Litigious Period
ADA litigation in San Diego is at an all-time high. Business owners who cater to the public understand ADA compliance in San Diego is a must in this highly litigious period of time. Many lawsuits are frivolous in nature, in an attempt to quickly settle for the minimum $4,000 per...
Preventing FMLA Abuse and Winning FMLA Disputes
How can a San Diego employer succeed at preventing FMLA abuse and winning FMLA disputes before they ever reach litigation? It is possible, even in California’s “employee leaning” atmosphere to hold employees accountable to FMLA laws and regulations, prevent abuse and avoid the threat of an FMLA investigation or lawsuit....
DOL Guidance on Independent Contractors – Economic Realities Factors
We are focusing on the nature of an independent contractor, as well as the misclassification of independent contractors and the risks associated with this employment issue. The Department of Labor or DOL has released an “interpretation” on applications of the Fair Labor Standards ACT or FLSA defined as “Economic Realities...
Department of Labor Hired 100 New Auditors for Independent Contractor Crack Down
Two ominous signs from the Department of Labor (DOL) recently – the news that the DOL hired 100 new auditors for independent contractor review and audit procedures, and their conclusion that “Most workers are employees.” The DOL released new “interpretive” guidelines that significantly tighten the definition of an independent contractor,...