All Articles

Berliner Cohen Attorneys Named to 2012 Super Lawyers

July 6, 2012 |

Seven Berliner Cohen partners and one of counsel again have been recognized by Law & Politics as 2012 Northern California Super Lawyers.  In addition, one partner and two associates have been named as 2012 Northern California Rising Stars.  These are lawyers recognized by the… Read More

Employment Law Alert - Supreme Court Rules Health Care Act Constitutional

June 28, 2012 |

On June 28, 2012, the U.S. Supreme Court, in National Federation of Independent Business et al. v Sebelius, Secretary of Health & Human Services et al, 132 S.Ct. 2566 (2012), ruled that the Affordable Health Care Act (“ACHA”), implemented by President Obama in 2010, is constitutional.… Read More

California Supreme Court’s Long-Awaited Decision on Meal Periods & Rest Breaks

April 13, 2012 |

On April 12, 2012, the California Supreme Court decided Brinker Restaurant Corporation v. Superior Court of San Diego (Hohnbaum), the seminal case on meal periods and rest breaks for non-exempt employees in California. While leaving intact the ability of employees to file class actions or individual… Read More

Employment Law Alert – CA Supreme Court’s Long-Awaited Decision on Meal Periods & Rest Breaks

April 12, 2012 |

On April 12, 2012, the California Supreme Court decided Brinker Restaurant Corporation v. Superior Court of San Diego (Hohnbaum), the seminal case on meal periods and rest breaks for non-exempt employees in California. While leaving intact the ability of employees to file class actions or… Read More

Employment Law Alert - New California Law Requires Written Commission Agreements

January 19, 2012 |

Effective January 1, 2013, AB 1396 will require that all employers doing business in California provide employees with a written contract for commissions that comprise all or any part of the employee’s compensation.The agreement must state the method by which commissions will be computed, when… Read More

Look Out – Here Comes the Train! Eminent Domain – A Beginner’s Guide

October 2, 2011 |

Whether your property is in the path of the coming California high speed rail project, a highway construction project or any other eminent domain project, understanding your legal rights is often essential to maximizing the amount you are paid for your land. Consequently, your first line of defense… Read More

Employment Law Alert – CA Supreme Court Strikes Down Arbitration Agreement

July 31, 2011 |

In late February 2011, the California Supreme Court held that where an employee was required to sign an arbitration agreement with his employer, and the arbitration agreement stated that the employee waived his right to a hearing before the California Labor Commissioner regarding wage claims, the… Read More

Employment Law Alert – CA Supreme Court Weakens Chances for Early Dismissal of Discrimination

July 28, 2011 |

In August 2010, the California Supreme Court decided Reid v. Google (2010) 50 Cal.4th512.  This case changes the types of evidence which courts may consider and thus has a significant impact on the way employers approach litigation of discrimination claims.Reid was hired by Google at age 52 to be… Read More

Employment Law Alert – U.S. Supreme Court Expands Who Can Sue for Retaliation under Title VII

July 27, 2011 |

The United States Supreme Court recently expanded the scope of who is protected from workplace retaliation in the case of Thompson v. North American Stainless, LP.  Until 2003, both Eric Thompson and his fiancée, Miriam Regalado, were employed by North American Stainless (“NAS”).  In… Read More

California Food Handler Law

July 1, 2011 |

All food handlers must have a California Food Handler Card on or before July 1, 2011. Employees hired after June 1, 2011 will have 30 days from the date of hire to acquire a food handler card. Download PDF Read More

Eminent Domain and High Speed Rail – How It Can Affect Your Property

June 30, 2011 |

Do you know your legal rights if an eminent domain action takes place as a consequence of the proposed California high speed rail system?  Information contained on this site will help familiarize you with the plans of the California High-Speed Rail Authority – the agency tasked with… Read More

Who Is Responsible When Uphill Stormwater Causes Downhill Damage?

May 22, 2011 |

IntroductionStormwater issues are not new to residents of hillside and mountain areas.  Because winter storms often bring voluminous amounts of rain, sometimes for weeks on end, it is important to know how and where all that stormwater is flowing through your property in order to protect structures… Read More

Kathy Sherman Panelist: “Changing Careers after 40”

March 30, 2011 |

Kathy Sherman, Berliner Cohen attorney, was a panelist on the American Association of University Women (AAUW) Connections television program recorded on March 31, 2011.  The topic was "Changing Careers after 40."Click here for presentation: Click here for presentation: YouTube: AAUW Connections… Read More

Those Little Buggers are Back! A Bed Bug War in Going On and Hoteliers May Be Losing

March 1, 2011 |

Lodging owners today face a litigious environment. The courts are speaking. Lodging owners are losing. Courts are finding these properties liable for failing to protect guests from known bed bug infestations. It has been found that the conduct of some properties amounts to gross negligence and… Read More

2011 Berliner Cohen Employer Update

January 27, 2011 |

LEGISLATIVE DEVELOPMENTSPaid Leave for Organ and Marrow DonationsSB 1304 adds a new provision to the California Labor Code, effective January 1, 2011, which extends to private employees a benefit formerly available only to public employees.  Previously, state workers who had exhausted available… Read More