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Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

Procedural Grounds for Opposing a Motion

When a party or attorney is confronted by a motion by the opposing party or opposing counsel, the primary focus is usually on what they are attempting to accomplish. And that is absolutely appropriate – what if upon review you determine that your client does not oppose or actually agrees with what the other side […]

May 22, 2015

Use of Affidavits and Declarations in Licensing Defense Hearings

The Administrative Procedure Act (APA) provides a procedure under which sworn affidavits or declarations under penalty of perjury may be used the same as live testimony in an adversarial professional licensing hearing. (Gov. Code, § 11514.) Please note that an “affidavit” is defined in the California Code of Civil Procedure, sections 2009–2015.6. Declarations under penalty […]

May 2, 2015

Congratulations to SCBA Administrative Law Section Officers

Congratulations to the new officers of the SCBA Administrative Law Section: Jon-Paul Valcarenghi, Chairperson Justin D. Hein, Vice Chairperson and MCLE Coordinator Adam Richards, Secretary and Treasurer   They recently met with outgoing Vice-Chairperson, Heather Hoganson, to go over the history of section, its guiding principles, and for administrative purposes. We look forward to what […]

April 17, 2015

Denying Antitrust Exemption for Licensing Boards

Recently, the U.S. Supreme Court upheld the Federal Trade Commission's antitrust action against the North Carolina State Dental Board. In a 6-3 decision, written by Justice Anthony Kennedy, the Court held that the North Carolina State Dental Board could not use the State Action Immunity Doctronie to shield it from federal antitrust law. As a […]

SCBA Administrative Law Section Officer Election

The Sacramento County Bar Association Administrative Law Section is having its officer election this week. It is being conducted electronically by the SCBA. The SCBA sent out email correspondence containing a link to the ballot.  To confirm you are eligible to vote, you will need to disclose your State of California license number, which is […]

April 9, 2015

Employers with Outdoor Workers Urged to Prepare this Month

According to the National Climatic Data Center, 2014 was the hottest calendar year on record since 1895 in California. Thus far in 2015, the Center has already recorded consistent and similar record-breaking temperatures over the last two months. As such, now is the time for employers to prepare for anticipated record heat this late spring, summer, and […]

March 31, 2015

Nationwide Alert on Fentanyl

The United States Drug Enforcement Administration (DEA) today issued a nationwide alert about the dangers of fentanyl and fentanyl analogues/compounds. Fentanyl is commonly laced in heroin, causing significant problems across the country, particularly as heroin abuse has increased.  “Drug incidents and overdoses related to fentanyl are occurring at an alarming rate throughout the United States […]

March 19, 2015

Notice Requirements for California Depositions

California law provides specific and strict requirements that must be complied with in order to properly notice a deposition in a case filed in a California Superior Court. A review of these requirements must be included in any litigation discovery plan, whether deposing or preparing for a deposition.. Notice of Deposition Items required to be […]

March 17, 2015

Fitness for Duty Examination is Permissible After Returning to Work from FMLA Leave

Employers have long been denied the opportunity to request a second opinion on an employee's ability to work before returning from Family and Medical Leave Act (FMLA) leave. However, in California, an employer is permitted to request a fitness-for-duty examination and certification after the employee is permitted to return to work. So long as it is paid for by the […]

March 6, 2015

California’s Two Salesperson Overtime Exemptions

All employers' mindsets in California should be that it must pay all of their employees overtime. Employees who work in excess of eight (8) hours per day or in excess of forty (40) hours per week are entitled to 1.5 times their normal hourly pay,(i.e. “time and a half”) for that additional time worked. (Labor Code section 510(a).) There are several, […]

February 28, 2015

Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments.