“One of the most costly mistakes that an employer can make is failing to pay overtime to an employee who is legally entitled to receive such wages.”[1] Frequently, this mistake occurs as the result of an employer erroneously classifying an employee as exempt. While certain classes of employees are exempt from overtime pay, employers often make the mistake of classifying employees based solely on their job titles, instead of considering the duties that the employees actually perform. ...
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| Categories: Labor & Employment Law | Tags: | View Count: (13)
19

Workplace Retaliation Claims Made More Difficult

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It has long been established that an employer cannot retaliate against an employee who opposes an unlawful employment practice under Title VII, e.g., workplace discrimination. However, a recent United States Supreme Court decision made proving a Title VII retaliation claim much more difficult for employees. University of Texas Southwestern Medical Center v. Nassar (2013) 133 S.Ct. 2517 Prior to the recent United States Supreme Court decision, an employee could prove a Title VII retaliation claim...
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| Categories: Labor & Employment Law | Tags: | View Count: (13)
Properly ascertaining available liability limits is essential to early case evaluation. The outcome frequently affects a practitioner’s decision whether, and how, to pursue certain claims. The issue is most significant when representing a claimant against an under insured defendant with limited assets, and is complicated where a series of related events seemingly cause a single injury, or a series of related injuries. In those circumstances, how does one determine the “number of occurrences” ...
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| Categories: Construction Defect | Tags: | View Count: (35)
17

Homeowners Insurance Policy Coverage

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For years California courts struggled with first party coverage disputes where a covered peril and an excluded peril interact to cause a single loss. In 1963 the California Supreme Court created a effective rule for addressing such disputes when it incorporated into law the "efficient proximate cause doctrine" in Sabella v. Wisler (1963) 59 Cal.2d 21. The "efficient proximate cause" doctrine allowed courts to fashion fair results within the reasonable expectations of the ins...
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| Categories: Construction Defect | Tags: | View Count: (11)
08

Insurance Coverage Disputes

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During the past several years, insurance coverage disputes arising in the context of construction defect litigation have trended away from the typical "covered loss" or "work product exclusion" arguments. The increased use of insurance policies containing high Self Insured Retentions ("SIR") in the construction industry, combined with the recent collapse of the residential building industry, resulted in a new wave of third party coverage disputes. More and more, pl...
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