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Employment Law

Vacation v. Sabbatical

Most California companies offer employees vacation time. Vacation time is considered an employment benefit and also a form of compensation. Specifically, under California law, if an employee has unused accrued vacation at the end of his/her employment, the employer must pay out the unused but accrued vacation in their final Read more…

By Steven L. Simas, ago
Civil Litigation

Declaratory Relief

Declaratory Relief is a legal procedure designed for those seeking “preventive justice.” Specifically, its purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.” It is a vehicle to allow a presumptive defendant or respondent take adjudicative action to Read more…

By Steven L. Simas, ago
Civil Litigation

Best Practices on Record Retention

Employers accumulate and receive substantial volumes of documents as a result of their day-to-day business. The office manager or head of human resources compiles such documents as job postings, employment applications, résumés, reference checks, testing data, personnel files, wage and hour records, payroll records, and disciplinary files, as part of their Read more…

By Steven L. Simas, ago
Civil Litigation

AB 1506 Enacted to Address PAGA Abuses

On October 2, 2015, Governor Brown signed urgency legislation (Assembly Bill [AB] 1506) that immediately amends California’s Labor Code Private Attorneys General Act of 2004 (PAGA) to address increasing civil litigation alleging technical violations of itemized wage statements (pay stubs) issued to employees. Existing law required an employer to provide Read more…

By Steven L. Simas, ago
Administrative Law

Underground Regulations

If a state agency issues, enforces, or attempts to enforce a rule without following the Administrative Procedure Act (APA) when it is required to for purposes of formulating that rule, the rule is called an “underground regulation.” State agencies are prohibited from enforcing underground regulations. What is a Regulation? A Read more…

By Steven L. Simas, ago
Business Law

Make Sure to Define 'Confidential'

As the business world has turned increasingly tech-savvy, more and more employees—even run-of-the-mill support staff—are exposed to what businesses consider “confidential, proprietary, or trade secrets.” To protect the business, many employers have been advised by their attorneys to require employees to sign confidentiality agreements at the time of being hired Read more…

By Steven L. Simas, ago