California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. The law defines the “prevailing party” as “the party with a net monetary recovery” and “a defendant in whose favor a dismissal is entered.” So what happens when a plaintiff sues a defendant but, before… Read More
HR & Employment Law Blog
California DFEH Issues Guidance on Transgender Workers
On February 17, 2016, the California Department of Fair Employment and Housing (“DFEH”) issued new guidelines on transgender rights in the workplace. While most of these guidelines are common sense based on existing law, there are some concrete recommendations in the DFEH’s new brochure, including: 1. Employers should not ask about an applicant’s or employee’s… Read More
New Family Law Associate Position in Oakland
I have been exclusively retained by the Law Offices of Hannah E. Sims to recruit a new associate for their growing family law practice. This is a fantastic opportunity to work with really nice people and do interesting, sophisticated legal work with one of the most well-respected family lawyers in the Bay Area. If you… Read More
U.S. Department of Labor Issues New Guidance on Joint Employment
Yesterday, the United States Department of Labor (DoL) issued new guidance on joint employment — that is, when more than one business is involved in the work being performed by a particular employee. This is an increasingly common phenomenon in today’s economy, especially in the construction, agricultural, janitorial, logistics, staffing, and hospitality industries. Employers in… Read More
Q3 2015 Halo Report Shows Jump in Angel Investing
The Angel Resource Institute and PitchBook just released their Q3 2015 Halo Report. The report shows that angel investment for the quarter has increased dramatically, with the median round size ($725K) up 45% from Q2 2015 levels ($500K). Other notable findings include: 1. Software, commercial services, and healthcare deals constituted over 64% of all deals… Read More
California Reclaims Spot as #1 “Judicial Hellhole” in America
California has once again been ranked the #1 “Judicial Hellhole” in America by the American Tort Reform Foundation (ATRF). This is the third time in four years that California has claimed the title. The exception was last year, when New York stole the top ranking due to “monumentally egregious corruption” in the city’s asbestos court…. Read More
IRS Announces New Mileage Rates for 2016
Beginning January 1, 2016, the new standard IRS mileage rates are: $0.54/mile for business miles driven; $0.19/mile for medical or moving purposes; and $0.14/mile for service to charitable organizations. Employers that use the standard IRS rates for employee reimbursement purposes should review and adjust their expense reimbursement policies to be consistent with these new guidelines…. Read More
SEC Adopts Rules to Allow Crowdfunding
Last Friday, the SEC adopted final rules to allow companies to offer and sell securities through crowdfunding. These new rules are designed to give smaller companies access to additional investment options and, in addition, to provide investors with additional protections. As I discussed in a prior blog post here, crowdfunding is a method of raising… Read More
Governor Brown Signs SB 588, Adding Tough Enforcement Measures to California’s Wage Theft Law
Yesterday, California Governor Jerry Brown signed SB 588, known as the “California Fair Day’s Pay Act.” This new law, which takes effect on January 1, 2016, aims to crack down on “wage theft” in California by giving the Labor Commissioner tough new enforcement rights against employers who steal employees’ wages. What is Wage Theft? Wage… Read More
Governor Brown Signs SB 358, the “California Fair Pay Act”
Earlier today Governor Brown signed SB 358 known as the “California Fair Pay Act.” This new law, which takes effect on January 1, 2016, gives California the strongest equal pay law in the nation. SB 358 amends California Labor Code §1197.5 to “close the gaps” in the state’s existing equal pay law. Specifically, SB 358:… Read More