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Wage and Hour Red Flags
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We discussed eight key points, the last of which was that generally, employees cannot agree to waive rights under the Labor Code. (Written settlement agreements purporting to give up such rights for less than full reimbursement are not legally enforceable.) We conclude herein with points 9 through 16.
9. Employer must pay for all known time worked at home, traveling or “off the clock.” As noted in Part One of this article, nonexempt employees cannot waive such wages, and employers who rely on employees' verbal statements giving up such wages do so at their peril. “Off-the-clock” work is often the subject of class action litigation and often results in significant liability. The best way to avoid such exposure is to have: 1) an accurate time-keeping policy; and 2) a written policy given to employees, which states that off-the-clock work is prohibited.
10. Failure by the employer to maintain adequate time records . On the other hand, an employee can prove his or her hours without written documentation.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.