Surviving a Bureau of Real Estate Broker Office Survey

A Bureau of Real Estate (BRE) special investigator calls your business, or a letter comes in the mail, announcing that the investigator wants to come your business to ask questions and review records.  This is, more likely than not, a “Broker Office Survey,” an enforcement tool used often in response to a complaint about a real estate brokerage to determine if there are compliance violations including lack of oversight of salespersons and trust fund violations.  View Full Post
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Don’t Let Your Efforts to Reduce Overtime Lead to a Class Action

Wages, salaries, and benefits make up a large proportion of costs for most businesses. One way to control these costs is to control how much overtime employees work. In California, nonexempt (i.e. hourly) employees are entitled to one and half times their regular rate of pay when they work more than eight hours in a workday or 40 hours in a workweek. View Full Post
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Top Five Things to Know About Tips, Gratuities and Service Charges Under California Law

The basics of tipsWelcome to another Friday’s Five. This week is a discussion about issues facing restaurants, hotels, and other industries where tipping and gratuities are left for employees.  This simple concept is surprisingly complex for employers.  Here are five issues employers should understand about tips in California. View Full Post
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Court Rejects Late Challenge to Permits for New Lifeguard Station On San Diego’s Mission Beach

California provides relatively short statutes of limitations for challenges in the land use context. For example, Government Code section 65009(c)(1) provides that “no action or proceeding shall be maintained [for a wide range of development approvals] by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days after the legislative body’s decision . View Full Post
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Retirement for Disability – Latest Developments in CalPERS’ Requirements

Breaking-News1.jpgRetirement for disability can already be a cumbersome and confusing process. The California Public Employees’ Retirement System’s (CalPERS) new and additional mandates – as set forth in its March 30, 2017 Circular Letter – raises the ante. The Letter informs all contracting public agencies of the following six requirements pertaining to the disability retirement of local safety members: Submission of a disability retirement application; An eligibility determination when a member is facing pending discipline or was terminated for cause; Information that must be included in a resolution or certification of delegate in support of an application for disability retirement; Determination of when a disability is “extended and uncertain” in duration; Requirement of competent medical evidence of continuous disability; Medical qualifications for disability retirement; and Disability re-evaluation procedures for members under the minimum age for service retirement. View Full Post
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Appellate Court Upholds Approval of Master-planned Community Against Multiple CEQA Challenges

The court of appeal upheld the County of Riverside’s decision to approve development of a master-planned community, rejecting claims that the County violated CEQA by (1) filing an inadequate notice of determination; (2) failing to recirculate the final EIR after the project was modified; and (3) failing to consider and adopt feasible air quality mitigation measures.  View Full Post
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Refusing Employee’s Attempt to Rescind Resignation Was Not Actionable

In what appears to be an issue previously undecided under the California Fair Employment and Housing Act (“FEHA”), the Second District Court of Appeals in California held that an employer’s refusal to allow an at-will employee to rescind her resignation is not a proper basis for a disability discrimination lawsuit. View Full Post
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Where is Justice Werdegar On the Ideological Spectrum, Area of Law by Area of Law

1381634045_6a42462742_z Our statistical retrospective of Justice Kathryn M. Werdegar’s tenure on the California Supreme Court continues today with an analysis of Justice Werdegar’s dissents and an analysis of the ideological distribution of Justice Werdegar’s majority opinions. In Table 200 below, we report Justice Werdegar’s dissents divided by area of law.  View Full Post
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Medical Board Requests for Patient Records Can Spell Trouble

In response to a patient complaint, a report of a large malpractice settlement, or a report of a loss of privileges, among other reasons, the Medical Board of California may choose to investigate patient care.  Often, to an unsuspecting California physician, the first sign of trouble is receipt of a request for patient records from something called the “Division of Investigation.”  The request for patient records usually comes in the mail, but may be served by an investigator.  View Full Post
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Which Area of Law Has Justice Werdegar Written the Most Civil Majority Opinions in?

22717550045_d34ebc28a4_zLast week, we began our statistical retrospective of Justice Kathryn M. Werdegar’s twenty-three years on the California Supreme Court.  Today, we further consider Justice Werdegar’s majority opinions and dissents in civil cases. In Table 198, we once again report Justice Werdegar’s year-by-year majority opinions in civil cases.  View Full Post
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