RSSArchive for April, 2013

April 2013 - Employment Law Edition

April 2013 – Employment Law Edition

Highlights of the April 2013 Contra Costa Lawyer edition include articles about employment law basics, employment tax and more.

February 2013 - Elder Law Edition

February 2013 – Elder Law Edition

Highlights of the February 2013 Contra Costa Lawyer edition include articles about elder law issues, senior abuse, skilled nursing facilities and more.

March 2013 - Tax Law/Fiscal Cliff Edition

March 2013 – Tax Law/Fiscal Cliff Edition

Highlights of the March 2013 Contra Costa Lawyer edition include articles about the Congressional budget, the American Taxpayer Relief Act and other tax-related issues.

Inside: Guest Editor's Column

Inside: Guest Editor’s Column

The April issue contains articles from employment law practitioners covering compelling and relevant employment law matters for everyday practitioners and for those who simply have a passing awareness of employment law.

Spring Fever

Spring Fever

The clouds of winter lift. The sun shines. The air caresses our skin with warmth and fragrance rather than buffeting it with an empty chill. Our emotions soar. Are we entitled to a sigh of relief, a moment of wistful reflection when this occurs, just as much as we need the determination and will to survive when the cycle is at its other end?

Employment Law Basics for Business Lawyers

Employment Law Basics for Business Lawyers

As advisors to business clients and in many instances employers themselves, attorneys face the daunting task of keeping current with numerous employment laws and regulations. The last session of the California legislature added to the mix. What follows is a summary of some newly enacted employment legislation that may affect attorneys and their clients.

To Withhold or Not to Withhold: The Employment Tax Consequences of Settlements and Judgments

To Withhold or Not to Withhold: The Employment Tax Consequences of Settlements and Judgments

Litigation arising out of employment is a fact of life. When those cases conclude with payment, there are tax consequences that have to be addressed. This article provides a short primer on common tax issues associated with these cases.

Should We Tell Employees Not to Talk to Co-workers About Ongoing Investigations?

Should We Tell Employees Not to Talk to Co-workers About Ongoing Investigations?

Most employment lawyers have been trained to advise employees to refrain from talking to their co-workers about a workplace investigation during the pendency of the investigation. The best witness testimony is that which is raw, uncensored and unrehearsed. A conscientious investigator not only wants to guard against collusion among witnesses but also the tendency to have one’s own recollection of events be influenced by listening to others.

A Motivating Reason: Chipping Away at Pretext

A Motivating Reason: Chipping Away at Pretext

The Judicial Council of California Civil Jury Instructions (CACI) offer only a few instructions in employment law. More often than not, to address the different nuances common in employment claims, practitioners must request special jury instructions which most judges are hesitant to apply. Two instructions that are found in CACI, however, are No. 2500 (that a plaintiff’s protected characteristic was a “motivating reason” for the adverse employment action) and 2507 (defining a motivating reason as “a reason that contributed to the decision to take certain action, even though other reasons also may have contributed to the decision”).

What You Should Know About The Private Attorney General Act

What You Should Know About The Private Attorney General Act

Although most California employment attorneys are no doubt familiar with the Private Attorney General Act of 2004 (PAGA), they may not fully understand what the PAGA is or grasp how it works. This article summarizes what every California employment attorney should know about PAGA, regardless of whether they are actively litigating such claims.

The Discovery Facilitator Program - Nuts and Bolts

The Discovery Facilitator Program – Nuts and Bolts

As a result of the loss of Commissioner Sanders, the civil and probate departments have been scrambling to find a way to cope with the added burden of discovery motions. In conjunction with leadership from the Bar Association, Contra Costa Superior Court elected to implement a Discovery Facilitator Program.

Disability Facts that Might Surprise You

Disability Facts that Might Surprise You

In times like these, good decisions matter. And when it comes to protecting a portion of your income from disability risks, it’s important to base your decision on the facts. In the case of disability, some of those facts might surprise you.

Bar Soap - April 2013

Bar Soap – April 2013

Feeling a bit like a beggar once again. For years I was begging members for reports on their civil jury verdicts. Then reports on civil bench trial verdicts. After that, begging for reports on interesting settlements and arbitrations. Finally I was reduced to asking for reports on kid’s soccer scores, just so I would have something to write about in civil jury verdicts. Now that we have Bar Soap, I can combine gossip with some interesting soccer scores. But I still need your input.

The Ethics Corner: The New Efficiency Trend

The Ethics Corner: The New Efficiency Trend

When defunct law firm Dewey & LeBoeuf LLP went bankrupt, among its assets to be liquidated was a collection of artwork once valued at $2.3 million. The demise of the 100-year-old firm offers an interesting allegory to the new wave of changes in the legal industry. The old model of what a law firm needs to exude – opulence, excellence, preeminence – is becoming obsolete in a down economy. Instead, the new trend can be summed up in one word: “efficiency.”

Target Your Search with CCCBA's Job Board

Target Your Search with CCCBA’s Job Board

Whether you are hiring or looking for a job, our Job Board is a great place to target your search. CCCBA members receive special pricing to post jobs, while job seekers can post resumes and create job alerts for free!