California affords employees the right to a meal period if they work five or more hours in a day. A compliant meal break requires: (1) That the employee is relieved of all work duties; (2) That the employee can take a meal period of at least 30-minutes; (3) That the employee can take a meal period no later than the end of the fifth hour of work; and (4) That the employee can take a second meal period no later than the end of the tenth hour of work. An employer that fails to provide meal periods compliant with these […]

Although there is a strong public policy favoring arbitration, such a policy cannot displace the necessity for a voluntary agreement to arbitrate. In a recent decision, the appellate court held that the trial court could reasonably determine that there was no agreement to arbitrate where the form of the agreement is deceptive. Specifically, the court said the arbitration clause was invalid “because the clause is as inconspicuous as a frog in a thicket of water lilies.” In Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc., Case Nos. B292863/B294788, 2020 Cal. App. LEXIS 1148 (Cal. Ct. App. December […]

On March 19, 2021, California Governor Gavin Newsom signed into law Senate Bill (“SB”) 95, a new COVID-19 supplemental paid sick leave requirement. SB 95 went into effect on March 29, 2021 but applies retroactively to January 1, 2021. SB 95 was passed in response to the expiration of sick leave benefits under the Families First Coronavirus Response Act (“FFCRA”) and Assembly Bill (“AB”) 1867 at the end of 2020. SB 95, however, is more expansive than either of those prior acts. The California Department of Industrial Relations (“DIR”) has published a comprehensive FAQ providing guidance on SB 95 compliance. […]

  The Passive Income Attorney Podcast with Seth Bradley hosted a discussion with corporate and real estate attorney Jeffrey Love on how to avoid the most common mistakes when investing in real estate, as well as the five W’s you need to know before starting your own business entity. If you want to hit the ground running with your business and investments to set yourself up for quick success, listen to the podcast.    Podcast here: HOW TO USE THE 5 W’S TO PROTECT YOUR ASSETS WITH JEFFREY LOV‪E‬   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff […]

Construction employers with worksites in the Central Valley should be aware of new Valley Fever training requirements for their employees. Under Labor Code section 6709, construction employers with worksites in specific counties must provide employees with yearly Valley Fever awareness training on or before May 1 of each year. Training must be provided if the “work activities disturb the soil, including, but not limited to, digging, grading, or other earth moving operations, or vehicle operation on dirt roads, or high winds.” The provision applies to construction sites in the following counties: • Fresno • Kern • Kings • Madera • […]

February 2021     Since 2018, there has been a flurry of activity in the California courts and legislature regarding the classification of employees and independent contractors.  Dynamex establishes the ABC Test for wage and hour claims In 2018, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (“Dynamex”) addressing the how employees and independent contractors are classified as such under California’s Wage Orders. The Court established the ABC Test, holding that a worker can only be classified as an independent contractor under the Wage Orders if the employer establishes: “(A) that the […]

  January 2021 CDC Moratorium             On September 4, 2020, the CDC published an order (“CDC Order”) entitled “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.” The CDC Order was originally scheduled to expire on December 31, 2020. It was further extended through January 31, 2021. On January 29, 2021, CDC Director Walensky signed an extension of the CDC Order through March 31, 2021.[1]   State Moratorium             On August 31, 2020, the California Legislature passed AB 3088, also known that the COVID-19 Tenant Relief Act of 2020 (the “Act”) in response to the impact of the […]

January 2021 In 2019, the California Legislature passed Assembly Bill (“AB”) 51 which aimed to prohibit employers from requiring employees to sign mandatory arbitration agreements as a condition of employment.  The United Stated Chamber of Commerce and several large businesses quickly filed suit in federal court, arguing that AB 51 was preempted by the Federal Arbitration Act (“FAA”). In early January 2020, the court issued a preliminary injunction, holding that California could not enforce AB 51. California subsequently appealed the ruling, which is working its way through the 9th Circuit. The court’s injunction means that employers can continue to require […]

January 2021 James I. Montgomery, Jr. and R. Sterling Henderson  –  Recognized in 2021 in the Los Angeles Business Journal’s Minority Leaders of Influence: Attorneys list. Gibbs Giden partners James I. Montgomery, Jr. and R. Sterling Henderson  have been named to the Los Angeles Business Journal’s annual Top Minority Attorneys in Los Angeles supplement, which recognizes the region’s most influential minority attorneys who have experienced success, made a substantial impact in their practice and communities, and maintained the highest professional and ethical standards.   The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational […]

Gibbs Giden congratulates the nine partners included in the Southern California Super Lawyers 2021 list. The annual list  recognizes exceptional attorneys in specific geographic and practice areas. This year’s list included: JASON M. ADAMS BARBARA R. GADBOIS SARA H. KORNBLATT  WILLIAM B. LOCHER CHRISTOPHER E. NG (Managing Partner) TED L. SENET GLENN E. TURNER, III RICHARD J. WITTBRODT PHILIP C. ZVONICEK The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only and may contain attorney advertising. For specific questions about  any of the content posted to the Gibbs […]