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…
A certified nursing assistant (“CNA”) performs “basic patient care services” in relation to the “safety, comfort, personal hygiene, and protection of patients.”[1] A CNA works under the supervision of a registered nurse or a licensed vocational nurse, and may not perform any services that must be performed by a licensed Read more…
It’s the 3rd Monday in February and depending on where you live you may or may not be celebrating a holiday today. While federal government offices close and the majority of states’ offices do so as well, many businesses make the most of the holiday by offering patriotic-themed sales. Presidents’ Read more…
When employing or considering the employment of a member of the Armed Services, it is imperative that employers be aware of the strong federal protections put in place for such individuals through the Uniformed Services Employment and Reemployment Rights Act. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) was Read more…
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…
Due to California Tax Season opening as of January 5, 2016, it is imperative to know if your back taxes will affect your profession. As of July 1, 2012, the Department of Consumer Affairs is required by Assembly Bill 1424 to deny applications for licensure or suspend a current license, Read more…
A cremated remains disposer (”CRD”) disposes of, or offers to dispose of, cremated human remains by scattering the ashes. These individuals must be registered in California with the Cemetery and Funeral Bureau (“Bureau”) to do so, and are highly regulated by the Business and Professions Code (“BPC”) and the Health Read more…
This is part of a series of posts on changes to the California Medical Marijuana industry. In part one, we discussed the history of medical marijuana regulations in the state of California and introduction to the California Medical Marijuana and Safety Act (“MMRSA”). On this blog, we previously discussed the outlines Read more…
The implementation date of the Home Care Services Consumer Protection Act has finally arrived. The act, which was passed in 2013, requires Home Care Organizations to be licensed within the Department of Social Services (CDSS) and creates a public online registry for Home Care Aides who have been background checked. This implementation Read more…
The California Administrative Procedure Act permits parties to use affidavits, declarations, and even letters in lieu of live testimony as evidence in an administrative hearing. This aspect is one of the big differences with civil litigation or criminal trial in that an unauthenticated document containing hearsay is permitted to be Read more…