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  • Article

    Inconvenient Truths

    Your Mexican-born employee has worked for your dairy for 15 years. He’s a hard worker, a fine man. You’ve watched his children grow. He’s almost like family to you. But one day he tells you he’s an illegal immigrant. What should you do?
    United StatesImmigration
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Builders Beware: Model Homes May Be Subject to the ADA

    There is no better time and place for a sales pitch than when prospective home buyers are examining the model unit.
    United StatesReal Estate and Construction
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Subpoenaing Online Records: Why And How To Find An Anony

    By now, it’s likely that most attorneys have figured out that unmasking an anonymous Internet speaker ("Anony") seems impossible.
    United StatesMedia, Telecoms, IT, Entertainment
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Employee Car CRASH (Coverage Rules And Self-Help) Tips

    It doesn’t matter whether a business oversees a fleet of vehicles or just one or two company cars. It doesn’t matter if an employee driver was in a MIST accident – minor impact, soft tissue – or a major pileup. All it takes is one lawsuit for a company to learn the hard way that there are some common misconceptions involving employee-operated automobiles on the job.
    United StatesEmployment and HR
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    California Supreme Court Issues Long-Awaited Meal Period Decision

    On April 12, 2012, the California Supreme Court issued the highly anticipated decision in Brinker Restaurant Corp. v. Superior Court.
    United StatesEmployment and HR
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Knock, Knock, it's OSHA

    In 2009, national statistics show the highest fatality rate occurred in the agriculture, forestry, fishing and hunting sectors with 26 fatalities per 100,000 full-time workers. According to the Bureau of Labor Statistics, this is eight times the national average. From 2003 to 2009, a period of six years, a total of 110 people were killed while working on U.S. dairy farms.
    United StatesEmployment and HR
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Chasing Rainbows: The Quest For The Perfect Arbitration Clause

    A recent Ninth Circuit opinion again points up the need to draft arbitration clauses carefully and specifically, to capture the client's objectives in considering a suitable alternative forum to resolve disputes over the contractual relationship.
    United StatesLitigation, Mediation & Arbitration
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Let Them Eat Cake, Just Not For A Pound Of Flesh: A Critique Of The Application Of The Collateral Source Rule In Howell v. Hamilton Meats & Provisions, Inc.

    "Let them eat cake," is normally attributed to Queen Marie Antoinette, although apparently there is no record that these words were ever voiced by her.
    United StatesInsurance
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Disability Discrimination And The Obligation To Provide Reasonable Accommodation: The Interactive Process

    Under the Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA), an employer is liable for failure to reasonably accommodate the known or perceived disability of an employee.
    United StatesEmployment and HR
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
  • Article

    Understanding The Medicare Secondary Payer Act

    For those of you who have had any contact with the Medicare Secondary Payer Act recently, you understand the ridiculousness of the title of this article.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP
    McCormick, Barstow, Sheppard, Wayte & Carruth LLP

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