Upgrading a large complex portion of a company’s (“Newco’s”) IT infrastructure can be a daunting task.  However, as its business grows, Newco will want and need to add new capabilities and enhance existing service offerings.  Here is a brief overview of some strategies for helping Newco navigate the process including software and hardware procurement, finding the right systems integrator, negotiating Service Level Agreements (“SLAs”), and ensuring timely on-budget implementation.  

Software and Hardware Procurement

Newco will want to work closely with the Systems ...

The U.S. Department of Labor recently issued updated model Family and Medical Leave Act (“FMLA”) forms, with an expiration date of August 31, 2021.  Other than the expiration date, these forms are identical to the prior forms expiring on August 31, 2018. The newly issued forms with the August 31, 2021 expiration date should be used in place of the prior forms.  Note that the expiration date is found on the top-right corner of the forms. Note also that  the Certification of Health Care Provider for Employee’s Serious Health Condition should be modified by California employers to avoid ...

The California Legislature is poised to dispense with a cost-effective and expedient method of resolving employment disputes.  Specifically, Assembly Bill 3080 seeks to prohibit any person or business from conditioning employment, or any employment-related benefit, on any applicant for employment or employee agreeing to the binding arbitration of disputes that involve any alleged violation of any provision of the California Fair Employment and Housing Act.  The bill also includes a prohibition against arbitration agreements that would require an employee to opt out of ...

Assembly Bill 2613 seeks to expand the persons potentially liable to any “person acting on behalf of an employer.” More specifically, liability would attach when an employee is not paid sums owed when due under Labor Code sections 201.3, 204, 204b, 204.1, 204.11, 204.2, 205, and 205.5, and the failure to pay is not the result of “an isolated or unintentional payroll error due to a clerical or inadvertent mistake.” AB 2613 would amend Labor Code section 210 to require an employer or person acting on behalf of an employer to pay a penalty of $200 to each and every affected employee for ...

Q: I was appointed receiver in a health and safety case, brought by a city, over a rundown motel and an adjacent rundown office building. The owner of the property, who has been fighting the city, has now filed an action in federal court against the city alleging that the city has violated his constitutional rights and is asking the federal court to set aside the receivership order. Can a federal court do that?

A: The short answer is no. Federal courts, generally, have no power to invalidate or set aside state court orders. Federal courts also, generally, do not have power to review the ...

The U.S. Department of Labor recently issued updated Affordable Care Act model notice forms (OMB No.1210-0149).  The new forms contain an expiration date of 5/31/2020, and replace all earlier versions.  Employers must provide these notices, which inform employees whether the employer offers a health plan, to all new employees within 14 days of hire.

There are two versions of the model notice form: one is for employers who do offer a health plan to some or all employees, while the other is for employers who do not offer a health plan.  Both versions of the updated form can be found here.

Partner, Ervin Cohen & Jessup

The financial elder abuse and fraud cases playing out in court right now surrounding Marvel Comics icon Stan Lee trace back to state laws enacted many years ago like the California Elder Abuse Act, designed to protect those over 65. However, many lawyers remain unfamiliar with them.

Here are 11 pointers on the California Elder Abuse Act for practitioners who may encounter financial elder abuse — the most common and fastest growing form of elder abuse.

First: The act contains a unilateral attorney’s fee and costs provision. If an abused elder prevails ...

Senate Bill 1300 (Jackson) seeks to expand liability in discrimination and harassment by lowering the legal standard for legal claims.  Currently, only harassment that is “severe or pervasive” is actionable.  As such, the law is not designed to allow claimants to bring claims based on a single offensive remark or act.  SB 1300 creates a new private right of action for failure to prevent harassment or discrimination which is written to significantly lower that standard by providing that a claimant need only prove “that the conduct would meet the legal standard for harassment or ...

Q: I am a federal receiver. One of the assets in the estate is a small office building. I want to list it with a broker and sell it. My attorney told me that before I can sell the property through a broker I have to have the court appoint three (3) appraisers to appraise the property and then the sales price has to be at least two-thirds (2/3) of the appraised value. This is madness. Is there any way around this? Do I need a new attorney?

A: No, you don’t need a new attorney. Your attorney correctly informed you of some of the requirements for a federal receiver to sell real property at a private sale ...

California now has the most sweeping and comprehensive privacy rights law in the country — The California Consumer Privacy Act of 2018 (the “Act”).  Some might say the Act is the result of Cambridge Analytica misusing the data of tens of millions of Facebook users.  Others would suggest that the Act is merely the natural and logical progression of inalienable rights of privacy in the digital age.  Whatever the reason, California’s Privacy Bill of Rights for consumers will forever change the way businesses collect and use personal information (“PI”).

Here’s the good news ...