California employers should be aware of two new statutes went into effect on January 1, 2018, that govern the content and procedures for considering job applications in California. A. Prohibition Against Inquiries Regarding Applicants’ Prior Criminal Convictions Labor Code Section 12952 requires employers with five or more employees to implement a multi-step process for consideration Read More…
New CA Law Increases General Contractors’ Liability For Wage Claims
California Assembly Bill 1701 (“AB 1701”), which was signed into law on October 14, 2017, will expand potential liability of general contractors for unpaid wage claims on construction projects. California Labor Code section 218.7, created by AB 1701, will go into effect on January 1, 2018, and will apply to private construction contracts entered into Read More…
California Supreme Court Addresses Pitfalls Of Dual Agency Relationships In Real Estate Transactions
It is not uncommon for parties on opposite sides of a real estate transaction to consent to representation by a single real estate broker for purposes of reducing commissions or expediting a transaction. California law allows for such a “dual agency” relationship if the buyer and seller consent to such a relationship after required disclosures. Read More…
Decision Limits Discovery Of Employee Information In Wage And Hour Class Action
A plaintiff’s right to pursue discovery of employee contact information in wage-and-hour class actions has long been a problematic issue for employer defendants. In addition to the cost of compiling and producing voluminous contact information, production of such information potentially allows the plaintiff’s counsel to use the discovery process to “bootstrap” previously unsupportable claims from Read More…
Court Extends FEHA Protection To Employees Of Independent Contractors
In the recent decision, Hirst v. City of Oceanside, the Fourth District Court of Appeal clarified the reach of the Fair Employment and Housing Act (FEHA) with regard to employees of independent contractors. The Hirst case involved a sexual harassment claim brought by an employee of a contractor for the Police Department for the City of Read More…
Appellate Case Highlights Potential For Recovery Of Contractual Fees In Tort Cases
In its recent decision in Hemphill v. Wright Family LLC , California’s Fourth District Court of Appeal awarded attorneys’ fees and costs to an injured owner of a mobile home in a negligence and premises liability action against a mobile home park. At trial, the Plaintiff successfully established that the mobile home park was liable Read More…
Appellate Decision Limits Reach Of Equitable Indemnity Claims Against Design Professionals
In the recent case of State Ready Mix, Inc. v. Moffatt & Nichol, the California Second District Court of Appeal declined to extend liability under a concrete supplier’s equitable indemnity claim to a civil engineer hired by the general contractor. The case arose from a general contractor’s breach of contract action against a concrete supplier Read More…
