The Lester & Cantrell Legal Blog

Lester & Cantrell prevails in Castillo v. Price Pfister, Inc., et al. appeal

Castillo v. Price Pfister, Inc

Lester & Cantrell prevailed in the Second Appellate District on behalf of Defendants Black & Decker and Stanley Black & Decker in Castillo v. Price Pfister, Inc., et al.  The case involved the application of California’s potentially conflicting statutes of limitations as applied to plaintiff’s claimed in vitro toxic exposure at a foundry and plating facility.  After plaintiff appealed from the granting of two summary judgments in Defendants’ favor, the justices of the Second Division unanimously held that plaintiff’s action was barred by California Civil Code Section 340.4.  The court rejected plaintiff’s argument that later-enacted Civil Code Section 340.8 would revive a claim that had previously lapsed according to Section 340.4.  The court held that the outcome of the anticipated decision by the California Supreme Court in Lopez v. Sony Electronics, Inc. would not impact its decision because the Castillo was already “stale” by the time Section 340.8 was adopted.  [The Supreme Court did ultimately find Section 340.8 controlling over Section 340.4.]

Lester & Cantrell prevails in matter of Brown University v. Gary Zimet

Brown University v. Gary Zimet

In Brown University v. Gary Zimet, filed in the USDC Central District, Lester & Cantrell, working with Massachusetts-based Smith, Duggan, Buell & Rufo, filed suit against an on-line memorabilia vendor found to be marketing the stolen student file of John F. Kennedy Jr.  The student file was stolen from Brown University in approximately 1994, and used as the basis for an article in the Star magazine.  Its whereabouts were unknown prior to the attempted sale by Defendant.  Lester & Cantrell obtained a temporary restraining order, a preliminary injunction, and a stipulated judgment requiring the return of the original file and all copies to Brown University.

AB 2770 would protect employers investigating sexual harassment

AB 2770

AB 2770 would protect employers investigating sexual harassment . Photo by rawpixel on Unsplash

AB 2770 — a new bill authored by Irwin (D-Thousands Oaks) — would protect both employers and employees from defamation lawsuits after a claim of sexual harassment has been made.

This bill, which made the California Chamber of Commerce’s 2018 “Job Creator” list, would allow employers to conduct their internal investigations without fear of a lawsuit from the alleged harasser. Additionally, AB 2770 would allow the business owner to state to other employers that they would not rehire based on their determination that the former employee engaged in sexual harassment. 

Track the bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2770

AB 2509 would provide flexibility for employees

AB 2509

Photo by Gardie Design & Social Media Marketing on Unsplash

 

AB 2509 — a new bill authored by Waldron (R-Escondido) — would allow for greater employee flexibility in work schedules. This bill, which made the California Chamber of Commerce’s 2018 “Job Creator” list, would allow 8-hour non-exempt employees the opportunity to leave 30 minutes earlier by requesting an “on-duty” meal period. (Employers are prohibited under existing law from having an employee work over 5 hours without providing a 30-minute meal period.)

Designed to retain employees by allowing flexibility for personal appointments and needs, AB 2509 would require that the employee request the “on duty” meal period to their employer in writing. This would only be allowed to be requested by the employee, and employers would be prohibited from encouraging an employee to take an on duty meal period.

Track the bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2509

 

AB 44 Requires Domestic Terrorism Employee Assistance

AB 44

Photo by Tim Gouw on Unsplash

In the event of a domestic terrorism-caused state of emergency, AB 44 requires employers to provide injured workers with a nurse case manager. This manager will be responsible for helping injured employees get necessary medical treatment and assisting medical service providers with authorizations of treatment.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Select radio and messaging devices now allowed for commercial drivers under AB 1222

AB 1222

Photo by Clem Onojeghuo on Unsplash

Although handheld cell phones and related electronic wireless communications devices are still strictly outlawed, the new AB 1222 allows commercial drivers to operate two-way messaging and specialized mobile radio devices on the road.

These mobile devices should be used with care, and employers are recommended to monitor and/or limit their usage to ensure the driver’s safety and other motorists/pedestrians. To read more about this bill, please click here.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.