February 2023   Although Senate Bill 688 did not receive much attention, this new California law effective January 1, 2023 takes away a creditor’s ability to secure a Confession of Judgment. Specifically, SB 688 amends Code of Civil Procedure section 1132(a) as follows, in pertinent part: (a) A judgment by confession is unenforceable and may not be entered in any superior court. The law does not apply retroactively and does not impact those confessions of judgment obtained or entered into before January 1, 2023. But the new law does have significant ramifications for credit professionals and financial executives that have […]

  January 2023 It is common practice for an employer to round employer timesheets, usually in 5, 10, or 15-minute increments, to help simplify payroll.  In 2012, the California Supreme Court approved the use of rounding in See’s Candy Shops, Inv. v. Superior Court.  The Court held that rounding was appropriate so longer as the process was neutrally applied.  For example, if an employer rounds time in 10-minute increments, the employer can round down for any time less than five minutes and round up for any time over five minutes.  In theory, therefore, the employer and employee should equally benefit […]

Read the Orville Mercury-Register article here. 

November 2022 Gibbs Giden congratulates Partners Barbara Gadbois and Sara Kornblatt on their recognition by LA Times B2B Publishing in Inspirational Women Magazine 2022.  Barbara R. Gadbois, is a senior partner at the Gibbs Giden law firm in Los Angeles, with over 35 years of experience in public and private construction law.  She concentrates her practice in the development and management of construction projects, including drafting and negotiation of bid and contract documents, procurement issues, public works, competitive bidding requirements, bid protest issues, pre-qualification, project delivery methods, design-build projects, risk allocation in contracts, claims avoidance, and project closeout.  She represents […]

November 2023   Gibbs Giden is proud to have been recognized for the 12th consecutive year by U.S. News – Best Lawyers® “Best Law Firms” in the 2023 Publication. Learn more here.    The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. The content contained herein may contain attorney advertising. For specific questions about any […]

October 2022 As is the case each year, the California legislature passed a flurry of new employment laws at the end of the legislative session, many of which have been signed into law by Governor Newsom. Employers should be aware of these new laws, determine if they apply to their businesses, and take necessary steps to comply, including updates to their employee handbooks. Leaves of Absence Last year, California amended the California Family Rights Act (“CFRA”) to make it apply to employers with five or more employees (it previously applied to employers with 50 or more employees).  This year, the […]

September 2022 Gibbs Giden is proud to have been named to the Los Angeles Business Journal’s 2022 list of Most Admired Law Firms To Work For. The list is made up of outstanding law firms who are consciously working to create diverse, positive, and supportive environments that help drive the success of their attorneys. Read about it here.    The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not […]

  August 2022   California notoriously has some of the most stringent and complex employment laws in the nation. As such, even well-intentioned employers can easily find themselves running afoul of California’s rules and regulations, oftentimes at a significant cost. The following is a list of some of the most common mistakes employers make regarding California employment laws: 1. Overtime Under federal law, non-exempt employees are entitled to overtime for any hours worked in excess of 40 hours in a week. California, however, also requires overtime for any hours worked in excess of 8 hours in a day. California also […]

  August 2022 Many employers elect to pay salespersons commission-based wages. Employers can benefit by this arrangement as the salespeople are paid based on the amount and quality of their work. The salespeople also have the opportunity to earn higher wages for their hard work. Employers, however, need to ensure they are following the correct legal procedures for commission payments. Otherwise, they run the risk of owning considerable wages, fees, and penalties. A. Commissions Defined In 1998, the California Courts handed down the decision of Keyes Motors, Inc. v. DLSE. This case defined commissions as those payments arising from the […]