Are You Compensating Your Employees for All Hours Worked?
California requires employers to pay non-exempt hourly employees a minimum wage for all hours worked. Hours worked include all the time during which an employee is subject to the control of an employer and/or all hours an employee is suffered or permitted to work, whether or not required to do so. At the beginning of
Read MoreMatthew Zollman Joins Balestreri Potocki & Holmes
BPH is pleased to announce that attorney Matthew L. Zollman has joined the firm. Mr. Zollman’s practice focuses on complex civil litigation with an emphasis in representing clients in the construction industry. Prior to joining the firm, Mr. Zollman was a staff attorney at a national law firm representing institutional investors in securities fraud litigation.
Read MoreProspective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes
The Court of Appeal closed out 2019 by ruling that an additional insured can be bound to the arbitration clause in a policy when a coverage dispute arises between that additional insured and the carrier. (Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (2019) 44 Cal. App. 5th 834, 837.) In 2009, Future Farmers of
Read MoreInformal Agreements on Use of Artwork in Beer Labeling Can Lead to Formal Lawsuits
In any crowded market, retailers and manufacturers rely on eye-catching labels and clever product names to separate from the masses. This is certainly true in the craft beer world. But when companies seek outside artists or designers to assist in the creation of the one-of-a-kind labels, formalities of contract, licenses, and ownership sometimes fall by
Read MoreThomas Balestreri Named 2020 Top Lawyer in San Diego
BPH is pleased to announce that Thomas Balestreri (Construction Law) has been listed in San Diego Magazine as a 2020 Top Lawyer in San Diego. Mr. Balestreri has dedicated most of his 35 years in practice to the representation of developers, property owners and general contractors in litigation, negotiations and risk management. He has tried
Read MoreBPH Lawyers Named 2020 Super Lawyers and Rising Star
BPH is proud to announce that shareholders Thomas A. Balestreri, Jr. and Joseph P. Potocki have been selected as 2020 Super Lawyers in the area of Construction Litigation and associate Robin H. Smith has been named a 2020 Rising Star in the area of Civil Litigation. Each year no more than 5 percent of the
Read MoreMontrose Again: California Adopts Vertical Exhaustion Theory of Access to Upper Level Excess Insurance Policies
In the latest iteration of the Montrose Chemical v. Superior Court[1] litigation, the California Supreme Court unanimously adopted the “vertical exhaustion” rule allowing policyholders to tap excess policies after having exhausted the underlying excess policies with lower attachment points in the same policy period. Notably, the case did not determine whether the horizontal exhaustion or
Read MoreCalifornia’s New Workplace & Employment Requirements Due to COVID-19
California employers will have many questions concerning their employment obligations including their ability to maintain and pay current staffing levels in light of Governor Newsom’s March 19, 2020 Executive Order N-33-20 requiring most Californians to stay at home due to the COVID-19 virus. BPH’s Employment Practice Group is ready and available to answer your questions.
Read MoreKeep An Eye Out For ISO Endorsements CG 22 94 And CG 22 95 – Writing Out The Subcontractor Exception To The Completed Work Exclusion
Insurance companies routinely adopt standard insurance endorsements written by The Insurance Services Offices, Inc. (ISO). By using these forms, the insurance companies can save the expense of writing policies and standardized language that is thought to present less risk of adverse interpretation. The CG 20 10 11 85 is one of the most ubiquitous ISO
Read MoreLife After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?
The ruling is in but the battle will likely continue over the practical application of SB 800. On January 18, 2018 the California Supreme Court issued its decision in McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241, holding that the statutory prelitigation scheme in The Right to Repair Act (“the Act”) that provides
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