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In recent years, the practice of hiring workers as independent contractors has increased significantly. One possible explanation for such trend, as opposed to merely hiring workers as classified employees, is that California employers are not exposed to the threat of liability for meal/rest break, overtime, minimum wage, waiting time penalties and/or principal-agent liability when hiring [...]

Most of us have heard of California’s “Lemon Law,” which is actually the Song Beverly Consumer Warranty Act. California’s Lemon Law requires a car dealer to replace the car or refund the consumer’s money if repairs to a specific problem are not successful after a reasonable number of attempts. There is a presumption that if [...]

Introduction As we have previously discussed, California homeowners’ associations (HOAs),[1] must follow the Davis-Stirling Common Interest Development Act (the “Act”).[2] The Act generally provides that “[i]n an action to enforce the governing documents, the prevailing party shall be awarded attorney’s fees and costs.”[3] Therefore, HOAs often recover their attorneys’ fees and costs when the [...]

Here is an interesting, brand new One A Day vitamin bottle labeling case against Bayer, maker of One A Day vitamins. The claim in this Fourth District Court of Appeal case out of Orange County is that Bayer’s packaging of its “VitaCraves Adult Multivitamin” line of One A Day brand vitamins is unlawfully misleading because [...]

Employers, are you basing how much to pay prospective applicants based on what they made at their last job? If so, you are violating California law. To help close the persistent gender pay gap, the California legislature passed a law, which came into effect on January 1, 2018, prohibiting employers and their agents from directly [...]

“Once upon a time, in a place now known as Montana, dinosaurs roamed the land. On a fateful day, some 66 million years ago, two such creatures, a 22-foot-long theropod and a 28-foot-long ceratopsian, engaged in mortal combat. While history has not recorded the circumstances surrounding this encounter, the remnants of these Creteceous species, interlocked [...]

The Legislature passed and Governor Jerry signed 1016 laws this year. Not a record, but nothing to sneeze at. Here is the first (random) sampling, more to come in future columns. Pet-Friendly Parks – Not later than July 1, 2020, owners of pets will have access to a comprehensive list of State Parks or portions [...]

Accidents happen. Sometimes they happen in our backyard – like Heavenly Valley at South Lake Tahoe. Teresa Martine was skiing down Powder Bowl when her kneecap “moved out and back in.” She called for ski patrol. SKI PATROL TOBOGGAN ACCIDENT Volunteer ski patroller Gus Horn arrived on the scene and conducted an assessment of Martine’s [...]

Major League Baseball debuts don’t get much worse than right fielder Dustin Fowler’s.  The Yankees prospect started his professional career during the Yankees 2017 run to the American League Championship series in a game against the Chicago White Sox.  But Fowler never got to bat in the game.  He was due to face White Sox [...]