Posts from November 2017.
Can a Receiver Keep Fees If the Underlying Judgement is Reversed on Appeal?

Question: I have been appointed receiver to collect a judgment. The judgment is on appeal. I am concerned that if the judgment is reversed my fees might be in jeopardy. Am I entitled to keep the fees I have been paid even if the underlying judgment is reversed?

Answer: You should be o.k., so long as the court which appointed you had jurisdiction to do so. In a recent bankruptcy case, In Re Patrick Cox, 2017 W.L. 1058263 (Bankr. S. D. Texas 2017), the State of Texas obtained a $46 million judgment against the debtor in state court prior to the debtor filing bankruptcy. The state court ...

New Law Holds Contractors Liable for Subcontractors’ Non-Payment of Wages

Assembly Bill 1701 (AB 1701) provides a “direct contractor” is liable for the wages, benefits and contributions (plus interest) owed by its subcontractor(s), even if the subcontractor has been paid for the work.  A “direct contractor” is defined to mean a contractor that has a direct contractual relationship with an owner; a “subcontractor” is defined as a contractor without a direct contractual relationship with an owner.  The law applies to all private construction contracts entered into on or after January 1, 2018.  

AB 1701 does not, however, provide wage claimants ...

New Law Prohibits Prior Salary Inquiries and Requires Pay Scale Disclosure on Request

Effective January 1, 2018, California Assembly Bill 168 (AB 168) prohibits asking job applicants about their salary history (including other forms of compensation and benefits), or otherwise seeking this information.  Further, employers may not rely on salary history as a factor in determining whether to offer employment to an applicant, or the salary the employer will offer an applicant.  Although the law permits employers to consider salary history if an applicant voluntarily and without prompting discloses this information, employers should proceed cautiously based on a ...


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