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Mind the Gap: The Increasing Divide Between California and Federal Employment Laws Under the Trump Administration

Mind the Gap: The Increasing Divide Between California and Federal Employment Laws Under the Trump Administration

California’s outspoken response to the new administration indicates that the gap between state and federal employment laws will only increase.

California’s Wage Equality Law:  Will a Rise in Social Awareness  and Litigation Lead the Way to a Rise in Pay?

California’s Wage Equality Law: Will a Rise in Social Awareness and Litigation Lead the Way to a Rise in Pay?

California’s 2016 Fair Pay Act which strengthens California’s pay equality statute, is suggested to possibly be “the nation’s most aggressive attempt” to close the salary gap between men and women.

"Covfefe" and the Workplace - California Labor Code's Anti-Retaliation Provisions in the Modern Day Political Workplace

“Covfefe” and the Workplace – California Labor Code’s Anti-Retaliation Provisions in the Modern Day Political Workplace

Seemingly innocent comments or conversations in the workplace about “politics,” a social media group, or weekend activity can lead to claims of discrimination, harassment or retaliation …

What You Should Know about the Private Attorneys General Act in 2017

What You Should Know about the Private Attorneys General Act in 2017

This article is a top-level summary of how California’s Private Attorneys General Act (“PAGA”) works. PAGA has been revised several times, and has been the subject of many appellate court decisions, since it was first introduced in 2004.

Recent Developments in Paga Litigation

Recent Developments in Paga Litigation

SB 836, effective June 27, 2016, made important changes in PAGA requirements. Except as otherwise noted, the requirements apply prospectively to all PAGA cases pending as of June 2016 and to all PAGA claims initiated thereafter.

Recent Developments in California Rest Period and Day-of-Rest Law

Recent Developments in California Rest Period and Day-of-Rest Law

The monetary costs of non-compliance can be substantial under California’s rest period laws—an eligible employee who does not receive his or her paid rest periods can seek recovery for premium pay of up to two additional hours of pay each day, at the employee’s regular rate of pay, for up to the past four years’ of employment

Not eligible to file bankruptcy

Not Eligible to File Bankruptcy? An Analysis of What is Required

So what happens if a Chapter 13 debtor runs afoul of either the regular income requirement or the debt limits? The debtor is then faced with either dismissal of the case or the conversion of the case to Chapter 7.

Lien Strips Revisited

Lien Strips Revisited

At the time of the prior article, the law was unsettled as to whether or not lien strips were available in the Chapter 20 context. Since that time, the Ninth Circuit has weighed in, holding definitively that lien strips are available in Chapter 20…

You Did What to my Claim? Capping a Commercial Landlord's Attorney's Fees in Bankruptcy

You Did What to my Claim? Capping a Commercial Landlord’s Attorney’s Fees in Bankruptcy

The court disagreed with the lower courts’ all-or-nothing approach and remanded for further factual findings in apportioning attorney’s fees between termination-related efforts and work unrelated to termination.

Mortgage Modifications in Wonderland: Conquering the Red Queen

Mortgage Modifications in Wonderland: Conquering the Red Queen

Streamlining comes in the form of the Mortgage Modification Mediation (“MMM”) Program, which was adopted by the United States Bankruptcy Court for the Northern District of California in August 2015.

Life After Debt: Rebuilding After Bankruptcy

Life After Debt: Rebuilding After Bankruptcy

The good news is that there is life after bankruptcy and it comes around much quicker than many think. The not-so-good news is that rebuilding takes effort and knowing one’s rights.

Broke But Not Broken: Private Workouts in Lieu of Bankruptcy

Broke But Not Broken: Private Workouts in Lieu of Bankruptcy

Once a company acknowledges it is in financial distress, a fork in the road appears: either 1) seek bankruptcy protection; or 2) try to negotiate a private work-out.

Introduction to the Role of Mental Health Specialists in the End of Life Option Act

Introduction to the Role of Mental Health Specialists in the End of Life Option Act

Mental health professionals play a prominent role in the End of Life Option Act, as only a licensed psychologist or psychiatrist can provide the specialized assessment to determine the decision-making capacity of an individual requesting to obtain aid-in-dying drugs.

Review of the Current “Right to Die” Statue: Are the Protections Against Undue Influence Sufficient?

Review of the Current “Right to Die” Statue: Are the Protections Against Undue Influence Sufficient?

The act of unduly influencing a family member to prematurely take his or her life for ill-gotten gain is extremely serious and the safeguards to protect against such conduct should be both comprehensive and of the utmost strength.

California’s “End of Life Option Act” and Family Dilemmas

California’s “End of Life Option Act” and Family Dilemmas

When the pain or discomfort of illness is more than one can bear, Californians have the End of Life Option Act that allows those who meet the criteria, to take a drug that will end their life.