Category Archives: Political
21st Century Law
August 10, 2017. By: Andrew K Jacobson The California Supreme Court will be deciding if it will lower the admissions standards for the State Bar. California currently has one of the highest admission requirements in the country. Deans from law schools in the state want the cut score (the minimum passing score on the bar […]
Call of Duty — to Protect the Right of Publicity?
By: Sharon Adams Oct. 23, 2014 The recent case of Noriega v. Activision Blizzard presents the question: Does infamy give rise to the right of publicity? Manuel Noriega, the former Panamanian dictator, filed suit against Activision Blizzard, Inc. in July of this year, claiming that Activision’s use of his image […]
California’s New Mandatory Paid Sick Leave Law
By Daniel Richardson Beginning July 1, 2015, nearly all California employers will be required to provide full-time and part-time employees with a minimum of three days of paid sick leave per year. The Healthy Workplaces, Healthy Families Act of 2014, signed into law by Governor Brown on […]
Now for The [Good] News…
by: Andrew K Jacobson The news has been dreary for some time now, and September has not been friendly in the recent past. Under all that gloom, it is easy to forget that there is a lot of good news out there: Lower Crime. Accounting for population growth, violent crime is down 48 percent over the […]
Cell Time
Employers have long known that they have to reimburse employees for out-of-pocket expenses like mileage or meals with clients. Now employers can add cell phone costs, when an employee uses his or her own cell phone and plan.
Employers have long provided landlines and cell phones to their employees. However, cell phones are already in nearly every pocket or backpack. Employers are increasingly relying on the employees’ personal phones for contact, even if the employee is not regularly out in the field.
Cal. Lab. Code § 2802(a) states: “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer . . . .”
Cal. Lab. Code § 2802(c) defines “necessary expenditures” as “all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.”
In August, 2014, the Second District Court of Appeals in California ruled that employers have to reimburse employees who use their own cell phones as part of their job.
eJuror Scam
Don’t get scammed — there is a scam email pretending to be from your friendly federal district court. It states that you have been selected for jury duty in federal court, and that you have to provide them with lots of information, like your social security number, your driver’s license, mother’s maiden name, and the […]
A Skull Full of Mush
by: Andrew K Jacobson The New York Timesrecently featured an article on Oakland’s own Sustainable Economies Law Center, which helps prospective lawyers apprentice with a lawyer for a few years while learning the law. Every law student who suffered “the ramen noodle and Contracts casebook at 12:30 am” existence finds it tempting. My publicly funded law […]
Foiling the Hyenas
The plunge from the easy money of the 2004-2008 era to The Great Recession hurt a lot of people. The easy credit of plastic morphed into a nightmare of bills and the inability to make even minimum payments. People who lost their jobs or were unable to afford finance charges that, in some cases, exceeded 20% annually, were saddled with debt that they couldn’t pay back, and no one game them a break. However, the banks that initially extended the bad debt, at worst case, were folded into healthy banks, and usually sold their bad debt at a deep discount – as low as 1%-2% of the total value – to companies that make their living suing those who can’t pay back their debt. How does someone in tough circumstances fight back against the hyenas?
Employment Law Update – How up to date are you?
By Daniel Richardson Is your employee handbook up to date? An up to date employee handbook is important because it outlines for the employee the employer’s policies and procedures as well as establishing the expected standards. Using an employee handbook from the outset of the employment relationship to establish expected standards can be invaluable […]
Game of — Pawns?
The FBI tells the story of Glenn Shriver, a former college student from Michigan who learned Mandarin and lived in China in 2004. He made some friends who encouraged him to find a job with the US government. He received some $70,000 merely to apply for such a job, but by the time the FBI arrested him, he realized that his friends were actually intelligence agents wanting to place a mole inside US agencies.
National agencies are not the only targets. US companies are also subject to foreign espionage. Just last month, the Justice Department announced indictments of five members of China’s military for stealing US companies’ trade secrets.
