Labor Code § 203 governs “Waiting Time” penalties in the state of California. This penalty is assessed when an employer fails to timely pay an employee all wages accrued upon termination or after resignation of his or her employment. California courts have a long history of strictly enforcing the waiting Read more…
A receiver is an unbiased third party appointed by a court to carry its orders into effect. There are a variety of instances where a court might appoint a receiver, but the most significant statutory authority for appointment of receivers, Code of Civil Procedure section 564(b), broadly extends receivership to Read more…
Many of us do not know exactly what happened to Conrad Murray’s physician license in California and the process and fight Murray has had to go through with the Medical Board. Is he still Dr. Murray? People v. Conrad Murray On June 25, 2009, Michael Jackson died of acute propofol Read more…
States outside of California, such as Oregon, do not have regulations in place to keep pace with the fast-growing medical-laser industry, which could leave consumers at risk of injury from skin treatments. The Oregon Health Licensing Agency has received recently more than 30 complaints alleging injuries from lasers. The Oregon state Read more…
Decorative contact lenses are non-corrective lenses that do not correct vision and are intended to temporarily change the appearance of the eye. Advertised as color, cosmetic, fashion and theatrical contact lenses, they are especially popular around Halloween. However, use of these lenses can carry serious risks, including permanent eye injury that Read more…
The Office of Administrative Hearings (OAH) expects all parties to redact (black out) from documents filed with OAH, including pleadings and exhibits, all confidential personal information whenever possible. Personal information is deemed confidential if any statute or regulation provides for its confidentiality. Confidential personal information includes, but may not be Read more…
A potentially controversial ruling was rendered by Hon. Raymond Cadei in the Superior Court of California, County of Sacramento on September 6, 2013, that should draw concern for those involved in medical marijuana and cannabis businesses and dispensaries. As you may know, California’s medical cannabis program was established when state Read more…
Steven L. Simas is presenting today on behalf of the Sacramento County Bar Association, Administrative Law and Labor & Employment Law sections on September 26. The presentation is taking place at 1:00 PM at Blue Prynt Restaurant (815 11th Street, Sacramento, California). A powerpoint presentation for the Mr. Simas’s remarks Read more…
In a webinar our law firm recently attended, Bryan A. Garner harped on why lawyers cannot write. And while he went in a great many details – which was fascinating – he also cited the Malcolm Gladwell mantra from his work, Outliers, that it takes 10,000 hours of practice to Read more…
The effect on the remainder of a statute when certain parts of it are held to be unconstitutional depends on whether the Legislature intended it to be severable. Severability is a contractual concept which permits a contract to survive despite an illegal or unenforceable provision within the contract. The illegal Read more…