California’s New Sick Leave Law Now in Effect

As of July 1, 2015, California’s new sick leave law is in effect.  At this time, Humboldt County employers need a written policy that specifically caps sick leave, or they will be subject to the required statutory accrual rate of one hour of sick pay for every 30 hours worked. If you are a Humboldt County employer and do not know … Read More

Humboldt Needs to Be Ready for AB 266

Janssen Malloy LLP represents a number of local wine and craft beer businesses and has become familiar with the regulatory and licensing rules that must be followed in order for businesses to comply with the law and succeed.  Those rules and regulations have not applied to the marijuana industry in California.  But comprehensive marijuana regulation was a matter of time … Read More

Multi-Agency Enforcement Unit Issues Guidance

California’s Labor Employment Task Force (“LETF”) has just provided written guidance to employers about obligations for employing workers and what to expect during an inspection.  The LETF is a multi-agency enforcement task force in California charged with enforcing labor laws, particularly for underground employment industries, like car washes, restaurants, manufacturing, roofing, construction, agricultural and auto repair businesses.  For Humboldt County … Read More

Mitigation of Damages in Personal Injury Cases

In personal injury cases, a plaintiff is not entitled to recover damages for harm that a defendant proves the plaintiff could have avoided with reasonable effort.  This concept is known as the plaintiff’s duty to mitigate damages.  The rule of law is stated in the standard jury instruction on the topic “Mitigation of Damages,” found in the Judicial Council of … Read More

Estate Planning for Vacation Homes

When it comes to vacation homes, effective estate planning often centers more on emotional factors than the legal issues of the succession.  Developing a method to allow for one’s children and family to continue to use the family can be challenging. The current owner of the vacation home needs to determine how ownership will be held by the next generation. … Read More

Lessons in Equitable Easements

What is an equitable easement? An equitable easement is a judicially created doctrine that authorizes a trespasser to continue his or her trespass on another’s property in exchange for paying damages, where the hardship on the trespasser in ceasing the trespass is “greatly disproportionate” to the hardship on the land’s owner in losing use of the trespassed upon portion of … Read More

Medical Marijuana Use and Employment

While California law allows individuals to possess and use medical marijuana as prescribed by their physicians, its use and possession is still illegal under federal law and under California law without a valid prescription.  For California medical marijuana users and their employers, this legal framework complicates questions concerning employees’ rights to use prescribed medical marijuana and employers’ rights to discipline … Read More

Not Too Social in the Workplace

California law actually prevents employers from requiring access to an employee’s social media as a condition of employment.  California Labor Code section 980 very specifically limits an employer’s access – except where (1) access is required for an employer-issued device, or (2) an employer reasonably believes the employee’s social media to be relevant to an investigation of allegations of employee … Read More

Motorcycle Crash Case Settles for $300,000

Janssen Malloy LLP partner Michael J. Crowley last week settled a motorcycle/truck collision case for the defendants’ $300,000 liability insurance policy limit.  Christopher Brimley was riding his motorcycle northbound on R Street in Eureka onto the Samoa Bridge when a southbound truck suddenly and illegally turned left in front of him just before the intersection of R Street and 4th … Read More

Oregon Jail Death Case Settlement

Janssen Malloy attorneys Michael Crowley and Megan Yarnall recently negotiated a $450,000 settlement with the City of Cottage Grove, Oregon in a civil rights lawsuit filed following the May 2012 death of twenty four year old Nathan Cooper in the Cottage Grove Municipal Jail. Mr. Cooper was in custody serving a ten day sentence for possession of a single Xanax … Read More