Any employer who is including a severance provision in an offer letter to a prospective new hire, offering post-termination payments to a departing employee, or implementing any deferred compensation arrangement or severance plan or policy needs to carefully consider the impact of Section 409A of… Read More
Berliner Cohen attorneys frequently author chapters, sections or articles, which appear in legal and other industry publications: Linda A. Callon, Partner League of California Cities, Contributing Editor, “The California Municipal Law Handbook” Robert L. Chortek, Partner 15 Pacific Legal… Read More
In the early 1990’s, Congress enacted the Americans with Disabilities Act (“ADA”) which prohibits discrimination against persons with physical or mental disabilities in employment, housing and public accommodations. At the same time, the California legislature amended the Fair Employment and… Read More
In August 2008, the California Supreme Court handed down its long-awaited decision in Edwards v. Arthur Andersen LLP. The Court departed from prior decisions in the federal courts by determining that a provision in an employment agreement that even “partially” or “narrowly” restricts an… Read More
On August 29, 2008, the California Supreme Court granted review of the Fourth District Court of Appeals’ decision in Brinker Restaurant Corporation v. Superior Court of San Diego (Hohnbaum). The prior appellate court in the Brinker case held that employers have some flexibility in scheduling… Read More
Class action litigation over meal and rest break laws has been on the rise. Rest and meal breaks can happen very easily in the hospitality industry. The front desk gets busy, the restaurant gets flooded with customers, a customer has a complaint, and before you know it, an employee has worked… Read More
What is the Difference Between an Employee and an Independent Contractor? Employee - an individual who performs services for you, and who is subject to your control regarding the method and manner in which the work will be performed Independent Contractor - an individual who performs… Read More
In March, the California Supreme Court, in a 4-3 split decision, held that non-employer individuals cannot be personally liable for retaliation under the Fair Employment and Housing Act (FEHA). This case reversed a trend among the California appellate courts, which allowed individual managers and… Read More
As of February 15, 2008, OSHA requires the employer to pay for Personal Protective Equipment. The following are a few examples of the PPE required in the lodging industry: Face shields, visors, goggles, hard hats, reusable gloves; protective aprons, gowns and head cover for handling blood borne… Read More
Individuals rarely contemplate the potential for family conflicts upon their death. They sincerely believe their children will cooperate, and that there will be “no problems when they die.” The reality, however, is that most families will become involved in some type of personal conflict… Read More
The adage “Everything old becomes new again” has particular meaning both for employers and for the lawyers who sue or represent them.California’s wage and hour laws were promulgated during the 1930s to implement such New Deal concepts as minimum wage, overtime and “one day’s rest in… Read More
Trustees of irrevocable trusts have the unenviable task of deciding how to invest for the benefit of others under the California Uniform Prudent Investor Act (UPIA). If they make the right decisions, they receive no added benefits—they are just fulfilling their duties. However, if they… Read More
America is rich with examples of those who created fortunes seemingly out of nothing and in so doing left indelible footprints on the history of American business. Many times we simply refer to these people as entrepreneurs. Often the term entrepreneur is used without a clear understanding of its… Read More
Few areas of appellate procedure are as complex, or potentially significant, as the rules concerning stays pending appeal. The consequences of the failure to stay enforcement of a judgment or order pending appeal may be obvious. Absent a stay, for example, a successful appellant may be left with a… Read More
Commercial brokers can pass on widely used real estate database information with a disclaimer to a potential buyer without fear of liability, Santa Clara County Superior Court Judge Mary Jo Levinger ruled in a judgment entered on January 26, 2005 in favor of Cornish & Carey.In ruling in favor of… Read More