Though new California employment laws normally become effective on the first of the year, the California legislature occasionally passes important laws mid-year. Such is the case of the California Workplace Violence Prevention Plan requirements and related training. These laws went…
Procedural and Substantive Guidance for Litigation of Sexual Harassment Claims
Sexual harassment continues to be an issue of significant concern in the workplace. While California law prohibits harassment and requires training to prevent it, those of us who practice in this area know that harassment, unfortunately, continues to occur. If…
California State Paid Sick Time Rules to Change for 2024
It is that time of the year again, when the California legislature and governor come together to sign new laws into effect for the coming calendar year. Employment laws are always a focal point of the ever-changing legal landscape. This…
Considerations When Growing Your Solo or Small Law Firm
Solo and small law firms are subject to the same employment laws as any other type of employer. Consequently, when you grow your firm by adding attorneys and staff you need to pay attention to several considerations. First, will this…
Nondisparagement and Confidentiality Provisions in Employee Severance Agreements
Both locally and nationally, a growing trend continues that disfavors confidentiality, nondisclosure, and nondisparagement provisions in settlement agreements and releases – even if such terms are part of a bargained-for-exchange between the parties. Most recently on February 21, 2023, the…
Lateral Lawyer Imputation of Former Client Conflicts
Lawyers are on the move more than ever. An important aspect of any lateral movement, for both the moving lawyer and the firm to which the lawyer is headed, is assessing the possibility of conflicts of interest. See California Rules…
Combatting Implicit Bias in the Legal Profession
Since 1989, the California Rules of Professional Conduct (CRPC) have included prohibitions against discriminatory behavior in the practice of law. (See former CRPC 2-400, “Prohibited Discriminatory Conduct in a Law Practice.”) In 2018, as part of the California State Bar’s…
Insurance For Lawyers in California. What to Know in the Current Marketplace.
Depending on how you operate your law practice, some insurance may be mandatory. Do you have employees? If so, you are required to carry Worker’s Compensation Insurance. Have a commercial lease? You likely are required by your landlord to carry…
Rules of Professional Conduct & Prospective Clients
In late 2018 California, for the first time, specifically set forth the duties lawyers owe to potential clients by the inclusion of Rule 1.18 in the new Rules of Professional Conduct. Under the new rule, a lawyer owes the same…
Best Practices to Mitigate and Resolve Conflict within the Small Firm Workplace
As attorneys, many of us earn our living representing people in conflict. We know, firsthand, that unresolved conflict can be expensive, emotionally depleting, and even detrimental to a person’s physical health. While conflict might be good for keeping lawyers busy,…
As COVID-19 Cases Surge, What Are Employee’s Rights to Privacy?
On December 1, 2021 the U.S. had its first case of COVID-19 ascribed to the omicron variant. Cases have surged with the omicron variants since then, and on May 9, 2022 the Biden Administration stated that it expects the U.S.…
How Can Small and Solo Firms Comply with ADA Website Requirements Without Breaking the Bank
The number of ADA website accessibility lawsuits filed against businesses is steadily increasing with no signs of slowing down. In California alone, 359 federal lawsuits were filed in 2021, a 14% increase over the 2020 filings. New York, Florida, and…