Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint employer” along with the staffing agency that provided the center’s workers. In so doing, the Board established a new standard for determining the existence of joint employers.

The Board began by stating that two or more entities may be joint employers of the same employees if they “share or co-determine those matters governing the essential terms ...

You’ve been approached by a wireless carrier to lease space on your building or property—now what? While rent is an important consideration, you should keep in mind other ways to generate revenue in the future, including limiting the carrier’s right to perform equipment modifications without your consent and requesting revenue sharing for future subtenants.

In addition to the rent, there are non-monetary terms to consider, such as Right of First Refusal provisions that limit your ability to sell the rental stream to a buyout company or automatic renewal terms that extend the ...

QUESTION:  Can a magistrate appoint a receiver?

ANSWER: While an arbitrator cannot appoint a receiver, Marsh v. Williams, 23 Cal. App 4th 238 (1994), a magistrate can.

A district judge may designate a magistrate judge to hear and determine any non-dispositive civil matter. 20U.S.C. § 636(b)(1)(A). With respect to dispositive motions, a district judge may designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to the district judge proposed findings of fact and recommendations.28 U.S.C. § 636(b)(1)(B). Dispositive motions include those ...

Global warming, a decaying infrastructure, budget problems, pollution, endangered species; these are all serious problems. In a world full of serious problems, lesser tragedies frequently go unnoticed. Like the plight of the American cheerleader. These men and women generally promote their teams for little or no pay, have no benefits, and are afforded none of the basic rights enjoyed by hourly employees. For a while it seemed as if no one would hear their choreographed cries for help. But fear not, readers, for the California Legislature has stepped in to save the day.

Assembly Bill ...

In CCA 201517006 (dated 10/9/14 and released 4/24/15), the general partner of a publicly traded partnership (PTP) had, in addition to its capital interest, a profits interest in the PTP called “incentive distribution rights” (IDRs). We know the IDRs are a profits interest because they “did not carry any interest in partnership capital [on the date of the issuance of the IDRs] but entitled [the general partner] to share in future partnership profits and quarterly distributions”. What is not clear in the CCA is why the IDRs received the benefits of the Safe Harbor of Revenue ...

The US Department of Labor recently revised the model Family and Medical Leave Act notices and medical certification forms to be given to employees in connection with the FMLA. The forms are not substantially changed from the prior versions, but do make clear that the employer is not seeking information about genetic tests, genetic services or the manifestation of disease or disorder in an employee’s family members. The forms and notices are accessible on the DOL website here and are set to expire on May 31, 2018.

California employers who use the form for employees requesting leave ...

QUESTION: I am a receiver and I have just learned that the defendant purported to sell property I am receiver over. I contacted counsel for the defendant and for the buyer and demanded that the property be returned to me. The buyer’s attorney said his client would not reconvey the property, that the sale was good, and that I should bring a contempt action against the defendant if the defendant violated my order of appointment by selling the property. Is this correct?

ANSWER: A recent case, In Re Domun Locis LLC, 521 B.R. 661 (Bankr. C.D. Cal. 2014), decided by bankruptcy Judge Kwan, dealt ...

In a move that will undoubtedly frustrate California employers, the United States Supreme Court has denied review of Bridgestone Retail Operations v. Milton Brown, a California Supreme Court case which held that Private Attorney General Act waivers in employment arbitration agreements are not enforceable. The refusal to review this case comes on the heels of the U.S. Supreme Court’s decision to deny review of Iskanian v. CLS Transportation, the first case which sought review by the Court of this issue. The petitions seeking review of the Bridgestone and Iskanian cases ...

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I sign up? As a consumer, these statements pique my interest. However, if you are the company promoting your products through these kinds of digital advertisements, you may want to choose your words more carefully. While the Internet and an ever expanding universe of technology platforms are connecting companies and consumers at an unimaginable rate ...

For the third year in a row, the California Senate is seeking to increase California's minimum wage with automatic adjustments for inflation. Specifically, Senate Bill 3 proposes to raise minimum wage to $11 per hour on January 1, 2016, $13 per hour on January 1, 2017 and will automatically adjust thereafter commencing on January 1, 2019. The bill has already been approved by the senate and will now proceed to the State Assembly for review. Prior efforts to legislate automatic adjustments of the minimum wage have failed, although Assembly Bill 10 was signed into law after ...