Many small businesses do not have employee handbooks or other written policy statements distributed to each employee. Employee handbooks may seem overly formal, just more paperwork and an unnecessary expense. Owners may hang the required posters in a break room and feel that they have done enough to communicate an intent to prevent workplace harassment, […]
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Contractor’s Technical Violations of Contractor License Law During Corporate Reorganization Potentially Subjects It To Disgorgement of 18 Million Dollars in Compensation
The Judicial Council of California (JCC) entered into a contract with defendant Jacobs Facilities, Inc, a wholly owned subsidiary of defendant Jacobs Engineering Group Inc. (collectively Jacobs) to perform maintenance and repair of JCC facilities statewide. Performance of the contract required a license issued pursuant to the Contractors’ State License Law (Bus. & Prof. Code, […]
Jim Parton Again Named Super Lawyer
James Parton III was again named Super Lawyers in 2015. Jim Parton has been so honored every year since 2004. Jim Parton has been named a Super Lawyer in his specialty of Employment Litigation: Defense. Super Lawyers selects attorneys using a multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate […]
A California contractor learns a harsh lesson
A California contractor that failed to pay benefits under an employee pension plan has learned a harsh lesson for its failure to notify the Contractors State License Board (CSLB) of the resulting judgment. Pacific Caisson & Shoring Inc. (Pacific) sued Bernards Brothers Inc. (Bernards) for payment on its subcontract. Bernards asserted as a defense that […]
Jim Parton’s Paid Sick Leave Law Article Published By United Contractors
Jim Parton’s article, “Are You Ready For California’s Paid Sick Leave Law?,” has been published by United Contractors in the May 2015 issue of the UCON Magazine. The magazine is available online at http://www.unitedcontractors.org/magazine. This law goes into effect July 1 and applies to virtually all California employers, even those with a single employee. This […]
Are You Ready For California’s Paid Sick Leave Law?
Nearly a year after its enactment, the Healthy Workplaces, Healthy Families Act of 2014 (the “Act”) is poised to go into full effect on July 1, 2015. It has many very detailed requirements which will require many employers to adopt new, or modify existing, policies and procedures. It is important for every employer to understand […]
James Parton III and Ralph R. Rhoades are selected as 2014 Super Lawyers®
Parton & Sell principal, James Parton, and Ralph Rhoades, Of Counsel, have been selected to the 2014 California Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in California. James Parton was named a Super Lawyer® for 2014, the tenth consecutive year of his selection; Ralph Rhoades for […]
A Poorly Drafted Employee Arbitration Agreement Today Can Have Drastic Consequences Tomorrow
A recent California appellate decision highlights the present flux in the state of the law regarding employee arbitration agreements and the painful consequences of a poorly drafted employee arbitration agreement. In 2013 the California Supreme Court ruled (in Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109, 1124) that employees may be forced by arbitration […]
Time Warner Burned by the “Commissioned Employee Overtime Exemption.”
The California Supreme Court recently addressed a novel issue regarding the “commissioned employee overtime exemption,” which provides that employees are not entitled to overtime pay if (1) they earn 1½ times minimum wage, and (2) commissions represent more than half their compensation. The Court held that commissions earned in one month but paid in another […]
An Architect Owes Duty of Professional Care to Future Owners of a New Residential Building
A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two of the defendants were architectural firms, which allegedly designed the homes in a negligent manner and also played an active […]