All Articles

Retaliation Claims Just Got Easier to File in California

October 19, 2023 |

By Susan E. Bishop and Alec Barcelos Just last week, Gov. Gavin Newsom signed several bills into law, the most relevant to California employers and employees being Senate Bill 497, aka the Equal Pay and Anti-Retaliation Act. The Act includes amendments to California Labor Code Sections 98.6, 1102.5,… Read More

Governor Newsom Mandates Additional Paid Sick Leave for Employees.  Does Your Policy Comply? 

October 18, 2023 |

By Susan E. Bishop and Caitlin Capriotti On October 4, 2023, Governor Newsom signed Senate Bill 616, amending the Healthy Workplaces, Healthy Families Act of 2014 (the Act). In the simplest terms, beginning in 2024, employers covered by the Act will be required to provide a minimum of five days of… Read More

Application Window Now Open for Berliner Cohen’s Annual Small Business Grant

October 17, 2023 |

As a part of our commitment to serving San Jose’s small business community, we are pleased to offer this grant opportunity of legal services and financial support to minority-owned businesses in the San Jose area. Eligibility Requirements Applicants must be a minority-owned business located in… Read More

Seven Berliner Cohen Attorneys Earn 2024 ‘Best Lawyers in America’ Ranking

September 7, 2023 | , , , , , ,

We are pleased to announce the seven Berliner Cohen attorneys who were recognized as 2024 Best Lawyers in America! This year's edition marks the publication's 30th anniversary in honoring the best lawyers. Congratulations to: Andrew L. Faber - Litigation (Land Use and Real Estate) Samuel L.… Read More

Marijuana in the Workplace: Where Are We Now?

September 6, 2023 |

Back in September 2022, Governor Newsom signed into law Assembly Bill 2188 which amended California’s Fair Employment and Housing Act to make it unlawful for an employer to discriminate against an applicant or employee based on that person’s use of cannabis while off-the-job and away… Read More

California Supreme Court: Employees Maintain Standing Despite Arbitration of Individual PAGA Claims

August 9, 2023 |

The Private Attorney General Act (“PAGA”) is a California statute that authorizes employees to commence lawsuits against their employers for violations of the California Labor Code. PAGA permits employees to act as a private attorney general to pursue civil penalties as if they were… Read More

Remote Work Is Not an Excuse to Not Pay Your Employees [New California Court Case]

July 26, 2023 |

By Susan Bishop and Alec Barcelos California requires employers to reimburse employees for expenses taken on to perform their regular work duties. Aside from the various tools, equipment, or travel-related expenses employees may face as a reality of the job, the reimbursement rule also applies to… Read More

Pregnant Workers Fairness Act: Accommodations for Pregnant Workers

June 29, 2023 |

A federal law recently went into effect that requires certain employers to provide reasonable accommodations to pregnant employees and applicants. The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “reasonable accommodations” to a… Read More

Sixteen Berliner Cohen Attorneys Recognized as 2023 Northern California Super Lawyers and Rising Stars by Thomson Reuters

June 28, 2023 |

We are proud to announce the Berliner Cohen attorneys who have been recognized by Thomson Reuters’ 2023 Northern California Super Lawyers and Rising Stars programs.  Our attorneys work diligently for our clients and have deservedly been recognized for their efforts! Super Lawyers rates… Read More

Financial Planning for Disabled Individuals

May 31, 2023 |

Financial planning for disabled children and adults can be especially complicated when considering the high costs of medical coverage and services.  A prudent planner will be able to take advantage of public assistance programs designed to support disabled individuals.  A disabled… Read More

Right to a Jury Trial in Family Court

May 24, 2023 |

Divorcing spouses are adding third parties to the divorce based on allegations of aiding and abetting one of the parties in filtering away community property.  The inevitable question is whether these newly added parties are entitled to a jury trial on issues that would traditionally allow for… Read More

Reminder for California Employers: Pay Data Reports are Due May 10th!

May 4, 2023 |

California has put increasing obligations on California Employers. As a reminder, State law now requires private employers of 100 or more employees to annually report pay, demographic, and other workforce data to the Civil Rights Department (CRD), which has a website employers should use when… Read More

Justifiable Trespass? Understanding Equitable Easements

May 3, 2023 |

The Equitable Easement is, simply put, a legal doctrine that permits the use of another’s property in the form of justified trespass or encroachment. Unlike an easement created by contract or one that is adversely acquired through an open and uninterrupted use (learn more about Prescriptive… Read More

Contractor Rights: Costs and Supply Chain Issues

April 18, 2023 |

Contractors are navigating the challenging problem of an increase in costs due to the supply chain. The costs of contracts have increased and problems have arisen due to the contractor’s inability to obtain items or their ability to pass on any increase in costs. This results in inevitable… Read More

Introducing Kathryn G. Spelman to Our San Jose Office

April 7, 2023 |

We are pleased to welcome Kathryn G. Spelman to Berliner Cohen’s Litigation department in our San Jose office. Kathryn is a trial attorney that specializes in complex litigation. She received her Bachelor’s degree in International Relations from Cal State University, Chico and then… Read More