DSMW Publications

  • K. Jill Osmars 2014 CAB Conference Schedule

    Author: K. Jill Osmars
    K. JILL OSMARS 2014 CAB CONFERENCE SCHEDULE
  • The Heat is On this Summer

    Author: William P. Keith
    All parties involved in the internship process stand to gain from the experience, whether it is paid or not. Despite the willingness of interns to work without wages, failure to comply with FLSA and California wage and hour laws can result in costly employment lawsuits and government agency action.
  • Employment Law 2014-Do not Forget

    Author: Li-An C. Leonard
  • New Year... New Laws

    Author: Li-An C. Leonard
    It is a New Year and, not surprisingly, there are new laws which impact California employers. Some of the new employment laws for 2014 which may affect your business are highlighted below.
  • San Diego Magazine (March 2013 )

  • OIG 2013 Work Plan Targets New Areas of Investigation - Hospices

    Author: K. Jill Osmars
    The Office of Inspector General (OIG) is the arm of the federal government that is charged with identifying, preventing and investigating fraud and abuse in Medicare and other federal programs. Each year, the OIG publishes its Work Plan, which identifies the audits and investigations it intends to pursue during the year.
  • OIG 2013 Work Plan Targets New Areas of Investigation - Laboratories

    Author: K. Jill Osmars
    The Office of Inspector General (OIG) is the arm of the federal government that is charged with identifying, preventing and investigating fraud and abuse in Medicare and other federal programs. Each year, the OIG publishes its Work Plan, which identifies the audits and investigations it intends to pursue during the year.
  • OIG 2013 Work Plan Targets New Areas of Investigation - Physicians

    Author: K. Jill Osmars
    The Office of Inspector General (OIG) is the arm of the federal government that is charged with identifying, preventing and investigating fraud and abuse in Medicare and other federal programs. Each year, the OIG publishes its Work Plan, which identifies the audits and investigations it intends to pursue during the year.
  • Ministerial Exception... Who Qualifies?

    Author: Rose M. Huelskamp
    In Hosanna-Tabor, the Supreme Court affirmed that the "ministerial exception" is not limited to heads of religious congregations, and therefore may apply to those with important religious functions. The question then becomes, which individuals qualify as "ministers" for the purpose of this exception?
  • Facebook and Twitter Are the New Water Coolers: Social Media Posts as Protected Concerted Activity

    Under the National Labor Relations act ("NLRA"), employers must not chill or penalize communications between employees concerning work conditions,terms of employment (salary, benefits), managers, or management. As one administrative law judge stated, "[d]iscussions about the workplace are protected whether they occur at the water cooler or the virtual water cooler."
  • NLRB - Effective Date of Mandatory Employee Rights Poster Delayed

    Author: Li-An C. Leonard
    Last August, the National Labor Relations Board ("NLRB") issued a final rule requiring most private employers, regardless of whether they are unionized or not, to post a mandatory poster notifying employees of their rights under the National Labor Relations Act ("NLRA").
  • Brinker . . . Finally! (California Supreme Court clarifies meal period and rest break rights & obligations)

    Author: Li-An C. Leonard
    The California Supreme Court finally issued its long awaited decision in Brinker Restaurant Corporation, et al., v. Superior Court of San Diego County, on April 12, 2012. California employers and employees (and their attorneys) have been waiting for this decision to clarify their rights and obligations under California law with respect to providing meal periods and rest breaks to non-exempt employees.
  • Wage Theft Act

    Authors: Anne K. WilsonLi-An C. Leonard
    The Wage Theft Protection Act of 2011 added some new statutes and amended several existing ones to provide additional protections and rights to employees under California law. For example, existing law requires employers to post specified wage and hour information in a location where it can be viewed by employees.
  • Health Insurance Coverage & Pregnancy-Related Disability

    Effective January 1, 2012, California Government Code section 12945 requires employers with five or more employees to maintain health insurance coverage, while an employee is on a pregnancy-related disability leave, at the same level and under the conditions that such coverage would have been provided if the employee had continued active employment. Such coverage must be maintained for the duration of the pregnancy-related disability leave, but not to exceed four months in a 12-month period.
  • Willful Misclassification of Independent Contractors

    Author: Li-An C. Leonard
    Effective January 1, 2012, California Labor Code section 226.8 prohibits any person or employer from engaging in the willful misclassification of individuals as independent contractors as opposed to employees. "Willful" is defined as voluntary and intentional.
  • Patents, Assignments And Standing - A Language Lesson

    The recent U.S. Supreme Court case, Bd. of Trs. of the Leland Stanford Junior University v. Roche Molecular Sys., Inc., 131 S.Ct. 2188 (June 6, 2011), shows the importance of language used in assignment or licensing agreements.
  • Trademarks: 9th Circuit Identifies Factors For Adwords/Keyword Advertising Disputes

    On March 8, 2011, the 9th Circuit issued its opinion in Network Automation v. Advanced Sys. Concepts, (9th Cir. 2011), addressing whether Network's keyword advertising through Bing and Google AdWords is likely to confuse consumers where the keywords Network purchased to trigger its advertisement included the registered trademark of Advanced, its direct competitor.