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  • Article

    California Court Provides No On-Call Pay For Apartment House Managers Restricted To Their Residence

    This week, the California Court of Appeals addressed a wage topic that arises in a wide variety of workplaces – payment for on-call time.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Rescue Bill Provides For Gifts From IRAs Direct To Charities

    The recently passed Emergency Economic Stabilization Act of 2008 (or "Rescue Bill") contains numerous tax breaks and benefits to individuals and businesses, including one that may be of special importance to those over the age of 70-1/2 who own IRAs and who wish to make charitable gifts before year end.
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Revenge Of The Whistle-Blower: Possible Consequences Of Compliance Failures

    In a company with a robust compliance culture, potential whistleblowers can express their concerns without fear of retribution.
    United StatesCorporate/Commercial Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    OSHA Issues New Rule Requiring Employers To Pay For Personal Protective Equipment

    The U.S. Occupational Safety and Health Administration (OSHA) has published its long-awaited final rule requiring employers to pay for the personal protective equipment (PPE) that their employees are required to use.
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Congressional Action May Open The Door To A New Wave Of Fraud And False Claims Act Litigation

    Driven by increasing pressure to halt financial fraud and prevent misuse of government stimulus money, as well as continued concern about reported government contractor and Medicare abuses, Congress is revamping the False Claims Act for use as a serious fraud-fighting weapon.
    United StatesCriminal Law
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    "No News Is No News" On The Future Of Estate Taxes

    Many of you have asked about the future of federal estate taxes. Will the federal estate tax disappear in 2010, as scheduled? Will the estate tax exemption amount go up or down? The answer so far is "who knows?"
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Is There Fire Where There's Smoke? The FTC Says Yes

    In January of this year, the Federal Trade Commission (FTC) brought suit against Taiwan-based D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc, in Los Angeles Federal Court...
    United StatesConsumer Protection
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Court Finds Employer May Be Liable For Honoring Rival's Non-Compete Agreement

    A recent California Court of Appeal ruling creates a Hobson's choice for employers who are advised that an employee has signed a non-compete agreement with a former employer.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Supreme Court Holds That Bonus Awards May Consider Store Losses

    On August 23, 2007, the California Supreme Court held that employers may base bonuses upon store net profit, despite California legal limits on business losses affecting employee compensation.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California Supreme Court Narrows Enforceability Of Non-Solicitation And Effect Of Release Clauses

    On August 7, 2008, the California Supreme Court issued a decision with two important effects on employee contracts. First, the Court rejected a theory that non-solicitation clauses might be acceptable under California law if narrow enough to allow continuation of the employee's profession.
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    California WARN Act Notice Requirements Apply To Temporary Layoffs

    The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs...
    United StatesEmployment and HR
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    OPR Releases Draft Amendments To CEQA Guidelines To Incorporate Consideration Of Greenhouse Gas Emissions

    On January 8, 2009 the Governor's Office of Planning and Research (OPR) released their preliminary draft regulatory guidance on the analysis and mitigation of the potential effects of Greenhouse Gas (GHG) emissions under the California Environmental Quality Act (CEQA).
    United StatesEnvironment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    New California Law Expands Winery Privileges

    Governor Schwarzenegger signed into law new provisions that allow wineries to sell wine by the glass and allow customers to buy and consume wine by the bottle at wineries.
    United StatesGovernment, Public Sector
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Understanding The Issue Of Control In Grape Contracts

    Grape contracts used to be made on a handshake and the reputation of the parties involved. If reduced to writing, they were often limited to one-page letters setting forth the varietal, vineyard source, term and price per ton.
    United StatesGovernment, Public Sector
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Life Insurance In The Present Investment Environment

    This is to alert, but not alarm, you about a consequence of the recent financial decline that you may have overlooked: the effect on life insurance policies.
    United StatesInsurance
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    9th Circuit Holds Changes To Customer Contracts Are Unenforceable Absent Notice And Consent

    In a case of first impression, the 9<SUP>th</SUP> Circuit recently held that a service provider cannot change the terms of its service contract with customers by merely posting the revised contract on its website. In order for contract changes to be enforceable, some form of notice to and consent from the customer is required.
    United StatesLitigation, Mediation & Arbitration
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Use Of Text Messaging Should Change The Nature Of Evidence Gathering In Internal Investigations

    It doesn't take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers.
    United StatesMedia, Telecoms, IT, Entertainment
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Historic Preservation Considerations In Infill Development

    As public policy, environmental sustainability and economic reality converge to focus development within existing urban and suburban communities, historic preservation issues will increasingly come to the forefront for developers and their design professionals.
    United StatesReal Estate and Construction
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    Subdivision Map Act Extension Bill (AB 333) Provides Relief From Map Deadlines

    In recognition of the difficulty developers are having in obtaining construction financing for entitled projects, Gov. Schwarznegger signed an urgency measure (AB 333) that will extend the life of tentative maps and vesting tentative maps that had not expired by July 15, 2009.
    United StatesReal Estate and Construction
    Farella Braun & Martel
    Farella Braun & Martel
  • Article

    IRS Reverses Course On 501(c)(4)'s And Gift Tax

    In our May 24, 2011 article "Can Donations Be Taxed?", we cautioned that the IRS was investigating individuals' contributions to IRC Section 501(c)(4) organizations—commonly known as social welfare organizations—as subject to gift tax.
    United StatesTax
    Farella Braun & Martel
    Farella Braun & Martel

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