In Huerta (2018 case) The Court of Appeal affirmed the judgment for defendant in an action alleging several violations of Fair Employment and Housing Act (FEHA; Government Code, section 12900 et seq.), but it reversed the trial court’s post judgment order awarding defendant $50,000 in costs and expert witness fees under Code of Civil Procedure section 998 because the trial court found that plaintiff’s action was not frivolous and denied defendant’s request for attorney fees, expert fees and costs under Government Code section 12965(b). For litigation that predates the application of the amended version of section 12965(b) (effective on January 1, 2019), the Court of Appeal ruled that section 998 does not apply to nonfrivolous FEHA actions and therefore reversed the order awarding defendant costs and expert witness fees under section 998.
Fresno Superior Court v. PERB (CA5 F075363 12/14/18)
PERB Authority/Court Personnel Rules.
Upholding broad restrictions on employee clothing, ban on solicitation during working hours and ban on displaying images in areas visible to the public, but finding regulations prohibiting distribution of literature in working areas were ambiguous.
Gerard v. Orange Coast Mem. Med. Ctr. (SC S241655A 12/10/18)
Meal Periods/Health Care Employees.
IWC wage order permitting health care employees to waive second meal period for shifts greater than 12 hours does not violate the Labor Code.
Moreno v. Visser Ranch, Inc. (CA5 F075822 12/20/18)
Respondeat Superior/Use of Company Vehicle.
Driver’s use of company truck for personal travel after work, where he was on call 24 hours a day and may have been required to use the truck at all times, can give rise to respondeat superior liability. http://www.courts.ca.gov/opinions/documents/F075822.PDF
MOHAJERIAN LAWYERS REPRESENT EMPLOYERS THROUGHOUT CALIFORNIA
The new law affecting employers’ policies and practices is Senate Bill 1343, which changes the requirements around sexual harassment prevention training as of January 1, 2019. All employers with five or more employees are now required to provide 2 hours of sexual harassment prevention training to supervisors and 1 hour to administrative employees within 6 months of hire or promotion, and every 2 years thereafter. In addition, all employees must complete their training before January 1, 2020. The Department of Fair Employment and Housing determined that the training must be done during the 2019 calendar year. Even supervisors trained in 2018 must be retained. Temporary and seasonal employees must be trained within 30 days of hire or within the first 100 hours of their work, whichever is earlier. Temporary service employers will be responsible for training their employees who are placed with client-employers.
The Controlled Substance Utilization Review and Evaluation System (CURES) was certified for statewide use by the Department of Justice (DOJ) on April 2, 2018. Therefore, the mandate to consult CURES prior to prescribing, ordering, administering, or furnishing a Schedule II–IV controlled substance becomes effective on October 2, 2018. Here is everything you need to know to prepare for October.
December 4-5, 2017 • Westin San Diego • San Diego, CA
Overview of FDA Regulatory Compliance Requirements — Spotlight on
- Overview of FDA regulatory compliance requirements of wearable devices including hearing aids, defibrillator vests, radiation- emitting devices, watches, glasses and shoes
- Medical device registration and FDA tracking
- Risk-benefit analysis, preclinical studies, biocompatibility and biological evaluation
- Classification, premarket submission
Al Mohajerian, Mohajerian APLC