State Governing Boards Face Antitrust Risk after Supreme Court Ruling in North Carolina Dentists Case

The U.S. Supreme Court recently agreed with the Federal Trade Commission (FTC) when it ruled North Carolina’s custom of practicing dentists serving on the state regulatory board was anticompetitive.  The decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission could subject thousands of similarly structured boards to antitrust liability, and brings into…

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Carlson & Jayakumar Attorneys Shut Down Manufacturing Employees’ Rest Break Lawsuit and Achieve Important Victory for Employers: Court Affirms Legality of Combined Rest Periods

Newport Beach, CA — March 26, 2015.  On February 23, 2015, a Los Angeles Superior Court granted a motion for summary judgment filed by aerospace metal finishing company, EME, Inc., against a class of hourly workers who claimed, among other things, that EME’s practice of combining rest breaks was per se illegal.  The court entered…

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PAGA and Arbitration Agreements in California

Background: What is PAGA? The Private Attorney General Act of 2004, or PAGA, allows a private citizen to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency (LWDA). PAGA gives the private citizen the unique ability to act as an attorney general, as he or she has the right…

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Paid Sick Leave Handbook Policies for 2015

Sick leave policies are important for California employers to consider as we continue in 2015. On September 10, 2014, California Governor Jerry Brown signed AB-1522 (the Healthy Workplace, Healthy Families Act of 2014), which requires virtually all California employers, regardless of size, to provide paid sick leave to their employees. In response to the law,…

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The 40-Hour Work Week under ACA, Rest Breaks, and Sleep Time

House Passes Bill in Support of 40-hour Work Week under ACA On January 8, 2015, the U.S. House of Representatives passed the Save American Workers Act on a 252-172 vote. The legislation, which would run into a promised veto from President Barack Obama should it pass the Senate, would ease the Affordable Care Act’s definition…

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Orthopaedic Surgeon Employment Issues

“Where are we going?” “Are we there yet?” “What’ll we do when we get there?” These are questions more and more orthopaedic surgeons in California, and nationwide, have been asking themselves in the context of their practice or employment arrangements. While there are no black and white answers to these questions, this article analyzes the…

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2012 California Employment Law Update

AB 469 Effective January 1, 2012, employers must provide employees, at the time of hire, a notice stating the rate and basis of their wages. The notice must identify: (a) the rates of pay and whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including rates for overtime,…

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Leave Laws Every Chiropractor Should Know

Whenever we bring up employment laws and related lawsuits that arise, our chiropractic clients often have two responses: (1) “I am a small employer and those laws don’t apply to businesses my size,” and (2) “my employees would never sue me.”  Unfortunately, both theories are misguided.  Most employment laws do apply to small employers, and…

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