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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.

Be Careful Selling Your Next Job

An employer may be liable for statements made to a prospective employee during recruitment on which the employee relies. (See, e.g., Lazar v. Superior Court (1996) 12 Cal.4th 631; Helmer v. Bingham Toyota Isuzu (2005) 129 Cal.App.4th 1121; Toscano v. Greene Music (2004) 124 Cal.App.4th 685).  It is actually a misdemeanor for an employer to knowingly […]

Prohibition of Discrimination Based on Religious Dress and Grooming

Effective January 1, the California Fair Employment and Housing Act (FEHA) now explicitly protects employees’ religious dress and grooming practices as covered religious beliefs and observances. Religious dress includes the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts and any other item that is part of religious observance; religious grooming includes […]

Reminder – February 13 – WRITS!

The Administrative Law Section of the Sacramento County Bar Association has a monthly luncheon at Blue Prynt Restaurant and Bar (815 11th Street, Sacramento, California). Its luncheon next month will be on Thursday, February 13, 2013 at Noon. And the topic will be WRITS – Everything You Always Wanted to Know. Special Guests will be […]

Obviously Intoxicated Person

In California, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.  (Bus. & Prof Code section 25602.)  Yes, this means, technically, if you buy a beer or cocktail for an obviously […]

Recordkeeping and Supervision in a Physical Therapy Practice

(The following blog post will also appear in PT Interventions, the semi-annual, members-only, newsletter of the California Physical Therapy Association.) As physical therapy professionals know by now, the Physical Therapy Board of California (“Board”) issued new regulations on medical recordkeeping and supervision of assistive personnel, which became effective July 14, 2011.[i] A year and a […]

Social Media and Employment

It is undeniable that social media – be it Facebook, Twitter, LinkedIn, Google+, what have you – is changing the way we manage our personal and professional relationships.  An increasing area of concern over the past few years has been the detrimental effect that our online presence can have on our employment situations.  In many […]

Interview on Medscape.com

Steven L. Simas, owner and founder of Simas & Associates, Ltd., was recently interviewed for an article on Medscape.com. The article touched upon a central theme of Simas & Associates, Ltd – retaining competent counsel and representation when dealing with investigations by professional licensing agencies in the state of California. In particular, this article dealt […]

Criminal Background Checks in Community Care Licensed Facilities

In California, all persons aged 18 years and older that operate or work in a Community Care Facility must obtain a fingerprint clearance. The California Health and Safety Code requires a background check of all applicants, licensees, adult residents, volunteers under certain conditions and employees of community care facilities who have or may have contact […]

Challenging Administrative Agency Actions Through Writs of Mandate

One of the great mysteries of administrative law is how to challenge a decision or action by an administrative agency once the agency has completed the administrative process or refused to act. Whether the agency has completed an administrative hearing or simply refuses to follow one of its legal obligations, the tool of the administrative […]


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. 

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