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Wit of Mandate – Blog

Uncategorized

What Did the Lilly Ledbetter Fair Pay Act Really Do?

In 2009, President Barack Obama signed the Lilly Ledbetter Fair Pay Act into law.  In almost every campaign speech since, the President has claimed that the act bestowed equal-pay rights for women. Specifically, he has said, the Lilly Ledbetter Fair Read more

By Steve Simas, 14 yearsOctober 25, 2012 ago
Uncategorized

Revised Uniform Limited Liability Company Act Signed Into Law

Governor Jerry Brown signed SB 323, the California Revised Uniform Limited Liability Company Act (popularly known as RULLCA), into law on September 21, 2012. The law, which will take effect on January 1, 2014, will apply to all existing California Read more

By Steve Simas, 14 yearsOctober 25, 2012 ago
Uncategorized

The 30 Hour Workweek

Many employers define different classes of employment within their organization.  These classes – full-time, part-time, exempt etc. – are used to determine benefits which are offered to different types of employment given their skills, tasks, responsibilities, and hours worked. For Read more

By Steve Simas, 14 yearsOctober 22, 2012 ago
Uncategorized

Waiving Age-Related Discrimination Claims

In 1990, Congress amended the ADEA by adding the Older Workers Benefit Protection Act (OWBPA) to clarify the prohibitions against discrimination on the basis of age. OWBPA establishes specific requirements for a “knowing and voluntary” release of ADEA claims to Read more

By Steve Simas, 14 yearsOctober 5, 2012 ago
Uncategorized

Overprescribing: Mistake, Malpractice, or Murder?

The Los Angeles District Attorney is prosecuting a doctor for second degree murder in the deaths of three of her patients.  Hsui-Ying “Lisa” Tseng, D.O. faces a total of 24 felony counts, including three second degree murder charges resulting from Read more

By Steve Simas, 14 yearsOctober 5, 2012 ago
State Bar Defense

The Daunting Process of Closing Files

Cleaning out client files can be a tedious and intimidating process for an attorney, particularly if he/she is not aware of the ethical responsibilities involved. An attorney has the duty to protect the client’s identity, as well as the identity Read more

By Steve Simas, 14 yearsOctober 3, 2012 ago
Uncategorized

Limiting Deposition Abuse

Attorneys know all-too-well the potential destructive nature depositions can have on their clients.  They take up a lot of time, interfering with many clients’ business and profession.  If used in an employment law setting, they often time kill morale and Read more

By Steve Simas, 14 yearsOctober 3, 2012 ago
Uncategorized

Berman Hearings

Berman Hearings are administrative hearings conducted by the California Labor Commissioner to determine the legitimacy and extent of an employee wage claim against an employer. The Berman Hearing was named after Howard Berman, the member of the California State Assembly Read more

By Steve Simas, 14 yearsSeptember 26, 2012 ago
Uncategorized

2012 CPTA Annual Conference

The California Physical Therapy Association will be having its 2012 annual conference next week Friday through Sunday (September 28-30) in Santa Clara, California, at the Santa Clara Convention Center and Hyatt Regency Hotel. According to James Syms, PT, DSc, ATC, Read more

By Steve Simas, 14 yearsSeptember 21, 2012 ago
Uncategorized

Cost-Shifting under Code Civil Procedure section 998

California law has a strong preference for lawsuit settlements, for public policy reasons (such as judicial efficiency). As such, the state legislature has declared that evidence of an offer to settle is inadmissible to prove liability (Evid. Code § 1152), and Read more

By Steve Simas, 14 yearsSeptember 21, 2012 ago

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