NEWS RELEASE Media Contact: Barry A. Bradley 818.243.5200 bbradley@bgwlawyers.com GLENDALE, CA, (March 5, 2024) – Barry Bradley, Managing Partner of Bradley, Gmelich + Wellerstein LLP, is set to perform at the 13th Annual Law Rocks Los Angeles at Whiskey a Go Go on...
By Mellania E. Safarian, Esq. Odd and strange lawsuits are filed all the time. It is estimated that over 40 million lawsuits are filed every year in the United States. Of these, approximately 4.4 million cases are filed in the superior courts of California. The United...
By Royce Y. Huang, Esq. It is only fitting that the month of June is also known as Fireworks Safety Month, with the Fourth of July just around the corner. Whether it is Independence Day or a special event, it is crucial that we understand the laws and legal...
By Mark Kiefer, Esq. It is that time of year when the intrepid come out of winter hibernation and declare that it is time they get some exercise! It is all well and good until Joey enrolls in a martial arts class only to get his block knocked off like a Rock’em...
By Brian Lee, Esq. Sexual assault is broadly defined in state and federal laws as subjecting a person to any unwanted or nonconsensual sexual contact. On March 31, 2023, President Joseph R. Biden Jr. proclaimed April 2023 as National Sexual Assault Awareness and...
By Sarah Hacobian, Esq. As St. Patrick’s Day approaches on March 17th, it is hard not to notice the abundance of green-hued drinks, Shamrock-themed attire, and festive revelry that marks the occasion. St. Patrick’s Day first started to honor Saint Patrick...
By Jaimee K. Wellerstein, Esq. and Saba Zafar, Esq. For decades, California law has permitted employers to round employee time entries as long as the rounding policy is neutral on its face and does not disadvantage employees. However, on February 1, 2023, the...
By Mark Melo, Esq. In a month overflowing with holidays and observances – including Valentines’ Day, Black History Month, Presidents’ Day, and Groundhog Day, to name a few – one of the more light-hearted occasions in February is National Pizza Day, which...
By Barry A. Bradley, Esq. Thomas P. Gmelich, Esq. Jaimee K. Wellerstein, Esq. California’s Governor Newsom signed 997 bills last year (and vetoed 169). While there was a flurry of laws that protect women’s reproductive rights as a result of the overturning of Roe v....
By Jaimee K. Wellerstein, Esq. and Saba Zafar. Esq. After almost three years of frequent changes to the California Division of Occupational Safety and Health’s (“CalOSHA”) Emergency Temporary Standards (“ETS”), on December 15, 2022, CalOSHA adopted the more permanent...
NEWS RELEASE Media Contact: Barry A. Bradley 818.243.5200 bbradley@bgwlawyers.com GLENDALE, CA, (December 20, 2022) – Bradley, Gmelich + Wellerstein LLP, a litigation, business, and employment law firm located in Glendale, California, is pleased to announce the...
By Peter H. Crossin, Esq. and Thomas P. Gmelich, Esq. All too often, insurance companies and defense counsel are presented with pre-litigation, time-limit policy demands that include a delineation of conditions and terms which if not accepted and strictly adhered to...
By Peter H. Crossin, Esq. So who was the first Good Samaritan President? As we all know, the presidential pardon of the Thanksgiving turkey has become an annual event. The first president to unofficially pardon a turkey was Abraham Lincoln, who instructed the White...
By James F. Saunders, Esq. On Halloween, children and adults wander about in costumes looking for treats and a few “scares.” An injury can happen at any time or any place, but the risk is intensified by a holiday centered around wearing costumes, and walking through...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. While many California employers were anticipating the current COVID-19 Supplemental Paid Sick Leave (“SPSL”) would expire on September 30, 2022, unsurprisingly, California has passed AB 152, which will extend SPSL...
By Judy A. Strekalov, Esq. “Of all the paths you take in life, make sure a few of them are dirt” – John Muir. As we survive this California heat wave, the time is still ripe to enjoy the long daylight-filled days with physical outdoor activities. Aside from visiting...
By Patrick J. Glinka, Esq. August is National Dog Month. Founded in 1884, the American Kennel Club now recognizes 200 distinct breeds. So whether you own a newly recognized Bracco Italiano or the perennial family-favorite Labrador Retriever, it is a great time to show...
By Dean A. Reeves, Esq. According to a survey conducted a few years ago, there are approximately 1.18 million residential swimming pools in California. These backyard swimming pools can be the source of great fun, exercise, and entertainment, particularly during these...
By Jaimee K. Wellerstein, Esq, Saba Zafar, Esq. and Daniel J. Park, Esq. On June 15, 2022, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana (U.S.S.C. Case No. 20-1573), holding that California employers can...
By Darren P. Salute As cliché as it might sound, the first Father’s Day did not begin with a whimper but because of a bang. On December 6, 1907, a massive explosion occurred in the Fairmont Coal Company mines located in Monongah, West Virginia. The mining disaster...
By Jaimee K. Wellerstein, Esq. On May 23, 2022, the California Supreme Court lived up to its pro-employee reputation, issuing yet another major setback to employers by overturning a previously employer-friendly ruling in Naranjo v. Spectrum Security Services, Inc. The...
By Mellania E. Safarian, Esq. We have just celebrated Mother’s Day – an internationally recognized holiday honoring motherhood that is observed in various different forms throughout the world. In the United States, Mother’s Day occurs each year on the second Sunday in...
By Lily Nhan, Esq. “No one is more cherished in this world than someone who lightens the burdens of another.” – Joseph Addison April is a loaded, busy month. To many, it is the month with several significant religious dates, including Easter, Orthodox Easter,...
By: Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. California was the first state to adopt the CROWN Act, in 2019. Since then, numerous other states have followed suit. Now, the federal government is (hopefully) on its way to enacting the federal version of the...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. As the arbitration landscape continues to evolve, as reported here and here, employers must prepare for another adjustment. On March 3, 2022, President Biden signed the “Ending Forced Arbitration of Sexual Assault...
By Angela M. Rossi, Esq. Since the start of the COVID pandemic, many Americans have experienced something never before seen in their lifetimes — empty shelves. What many Americans do not know is that there is a 90% chance that their online orders and the...
By: Jaimee K. Wellerstein, Esq. and Saba Zafar, Esq. As previously reported here, California’s Legislature recently proposed a new COVID-19 Supplemental Paid Sick Leave (“SPSL”) for 2022. On February 9, 2022, Governor Gavin Newsom signed the new SPSL bill into law....
By Darren G. Mayers. Esq. Driving is the most dangerous thing most Americans do each day. Virtually all of us know someone who has been injured in an automobile accident. Automobile accidents are a public health crisis, and somehow the pandemic made it worse. With...
By: Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. With a decline of COVID-19 cases in mid-2021, California’s Covid-19 Supplemental Paid Sick Leave (“SPSL”) ended on September 30, 2021. However, at the end of 2021, Omicron raged through California (and the rest of...
By Martin P. Vigodnier, Esq. and Jaimee K. Wellerstein, Esq. In an update to our previous reporting on the federal COVID-19 vaccine-or-test mandate (the “federal mandate”) discussed here, here, and here, earlier this month, the Supreme Court of the United States...
By Martin P. Vigodnier, Esq. and Jaimee K. Wellerstein, Esq. In what could be a seminal ruling for California employers in the fight over out-of-control wage and hour litigation, the Supreme Court of the United States (“SCOTUS”) has recently granted certiorari in...
By: Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. Cal/OSHA first adopted its Emergency Temporary Standards (“ETS”) over a year ago to address concerns about COVID-19 in the workplace. The latest Cal/OSHA revised ETS will go into effect January 14, 2022. The new...
By: Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. Litigation and orders surrounding President Biden’s COVID-19 Vaccination Mandates seem to be evolving almost as quickly as COVID-19 itself. As the Omicron variant surges throughout the United States, in a surprising...
By Dean A. Reeves, Esq. As we travel about over this holiday season, whether it be for shopping or for visits with friends and family, we will rely on the vast network of pathways provided for us by the various public entities throughout California. The many streets,...
It is with profound sadness that we announce the death of our team member and friend, Dawn Cushman. Dawn passed away on December 20, 2021. Dawn practiced law with Bradley, Gmelich & Wellerstein LLP for four years, after a distinguished career practicing law with...
By Jaimee K. Wellerstein, Esq. On December 13, 2021, the California Department of Public Health (CDPH) issued its revised “Guidance for the Use of Face Covering.” According to the CDPH, this new measure is to mitigate the Omicron variant, which is likely to spread...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. On September 9, 2021, President Biden signed Executive Order 14042 (“Order”) initially requiring all new federal contracts to mandate that Covered Contractors (“Federal Contractor Mandate”) be fully vaccinated no...
By Daniel J. Park, Esq. This is the second article of a two-part series. With social media accounts on Twitter, Instagram, and LinkedIn becoming an increasingly cost-effective form of advertising, it is common for businesses to hire in-house social media managers....
By Kathryn (Kamil) Canale Last week, the Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard which would soon require all covered employers with 100 or more employees to either require its workforce to receive mandatory...
Bradley, Gmelich & Wellerstein LLP, a general civil litigation, business, and employment law firm located in Glendale, California, is pleased to announce the promotion of Jaimee K. Wellerstein to named equity partner. The firm underwent a name change to reflect...
By Daniel J. Park, Esq. This is the first article of a two-part series. In case you missed it, Facebook and Instagram crashed for six (6) hours recently, causing chaos for many businesses and active social media users. The crash served as a stark reminder of how...
By Martin P. Vigodnier, Esq. and Jaimee K. Wellerstein, Esq. On September 9, 2021, the California Court of Appeal handed down an important victory for employers in Wesson v. Staples The Office Superstore LLC, (No. B302988) that will help employers assert defenses...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. Employers and employees have long disputed the validity and lawfulness of employment-related arbitration agreements in California. On September 15, 2021 in Chamber of Commerce v. Bonta (No. 20-15291, 2021 WL 4187860...
By Peter H. Crossin, Esq. This month, our country is commemorating the 20th Anniversary of the terrorist attacks on the World Trade Center, the Pentagon, and United Airlines flight 93 on September 11, 2001. In response to only the second attack on the U.S. homeland...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. On September 9, 2021, 5 days after COVID-19 related federal unemployment benefits ended, President Joe Biden announced new strategies to combat the pandemic. The announcement comes as the delta variant continues to...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. On August 5, 2021, California’s Department of Public Health issued a Statewide Order (the “Order”) mandating that Workers in covered Health Care Facilities[1] receive their first dose of a one-dose COVID-19 vaccine...
By Patrick J. Glinka, Esq. California is home to some of the world’s best amusement parks. And with the beautiful summer weather upon us and COVID restrictions slowly lifting, many of us can’t wait to be amused. But have you ever given much thought about who might be...
By Saba Zafar, Esq. and Jaimee K. Wellerstein, Esq. On July 15, 2021, the California Supreme Court held that if an employer fails to provide a legally compliant meal period or rest break to an employee, the wage premium owed to the employee must be paid at the...
By Martin P. Vigodnier, Esq. July is here and so, too, is the beginning of probably everyone’s (including my) favorite season, summer! I love July not only because it means summer is ramping up and I got to enjoy awesome barbecues and fireworks on Independence Day,...
By Mark Melo, Esq. With more and more persons receiving the COVID-19 vaccine in time for summer, people are anxiously getting out of their homes to enjoy time with family and friends – in many cases, for the first time in over a year. Zoom birthday parties and...
By Darren P. Salute, Esq. Did you know that the month of May hosts a number of holidays including Loyalty Day, Law Day, Lei Day (what is Lei Day, anyway?), National Explosive Ordnance Disposal Day, School Principals’ Day (less said the better), Join Hands Day, Global...
By Martin P. Vigodnier, Esq. and Jaimee K. Wellerstein, Esq. On March 19, 2021, Governor Gavin Newsom signed SB 95 into law, once again providing COVID-19 related supplemental paid sick leave to California workers. Employers will recall that 2020 mandatory COVID-19...
Attorneys at Bradley, Gmelich & Wellerstein LLP Receive “Super Lawyers” and “Rising Stars” Recognition Bradley, Gmelich & Wellerstein LLP proudly announces that four of our attorneys have been selected for inclusion in the 2021...
By Julie A. Bachert, Esq. With temperatures rising, you may worry about the tragic headlines of children trapped in overheated cars. Technological advancements have already offered some reprieve, albeit only for pets, as Tesla cars offer a “Dog Mode” that regulates...
By Kathryn (Kamil) Canale, Esq. California employers have long struggled to provide legally compliant meal breaks for their employees. On February 25, 2021, the California Supreme Court issued a long-awaited decision addressing legal standards for meal period...
By Lindy F. Bradley, Esq. St. Patrick’s Day has become a global celebration of Irish culture that is celebrated on March 17. Celebrants of St. Patrick’s day wear green. This tradition is tied to folklore that says wearing green makes a person invisible to leprechauns,...
By Mellania E. Safarian, Esq. February is often known as the month of love – a time for Valentine’s Day, greeting cards, chocolates, flowers, and much more. While February may be the shortest month of the year, it is full of beloved holidays from Groundhog Day...
By Barry A. Bradley, Esq. and Thomas P. Gmelich, Esq. There was nothing funny, unexpected, or too wacky about this year’s crop of new laws passed in California. Largely due to the shortened legislative session (thanks to COVID-19), Governor Gavin Newsom signed only...
By Ki Lin Tay, Esq. and Jaimee K. Wellerstein, Esq. The Families First Coronavirus Response Act of 2020 (FFCRA), the first ever paid leave of absence law to be enacted on a national level, mandated that certain employers provide emergency paid sick leave and expanded...
By Ki Lin Tay, Esq. and Jaimee K. Wellerstein, Esq. As COVID-19 infection rates continue to soar, and state and local governments try to keep up, it has never been more important for California businesses to stay informed about the ever-changing pandemic landscape....
By Lily Nhan, Esq. On March 4, 2020, the City of Los Angeles declared a local emergency and put all of its residents into lockdown in an effort to reduce the spread of the Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), also known as COVID-19. It seems...
By Angela M. Rossi, Esq. As we approach the holiday season, we are reminded of things for which we are thankful. One of these could be avoiding a lawsuit. The following list suggests 15 maxims which, when applied to your personal and professional life experiences, can...
By Ki Lin Tay, Esq. and Jaimee K. Wellerstein, Esq. On September 17, 2020, Governor Gavin Newsom signed another COVID-19 related bill into law – Assembly Bill 685. This new bill imposes strict notice and reporting requirements upon California employers, in both the...
By Stephan P. Hyun, Esq. Tell me if this sounds familiar. On the second Sunday of March you wake up in the morning and find yourself looking at the time and realizing that it is later than you expected. The next day, a Monday, you wake up in the morning as you...
By Ki Lin Tay, Esq. and Jaimee K. Wellerstein, Esq. On September 17, 2020, Governor Gavin Newsom signed new legislation that will expand the California Family Rights Act (CFRA), significantly impacting both small and large California employers across the board. The...
By Robert Asa Crook, Esq. Every year since 2000, World First Aid Day has been observed on the second Saturday in September. This year it fell on September 12. World First Aid Day is a great reminder about the importance of first aid. First aid can save lives, reduce...
By Ki Lin Tay, Esq. and By Jaimee K. Wellerstein, Esq. On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1867 Supplemental Paid Sick Leave for Large Employers The new supplemental COVID-19 paid sick leave (CPSL) law essentially aims to fill the...
By Jaimee K. Wellerstein, Esq. On August 27, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued guidance related to the reopening of schools. The new Frequently Asked Questions (FAQs) explain eligibility for qualifying for paid leave under the...
By Anastasia Markie, Esq. It used to be that “back-to-school season” brought a sense of dread to the millions of school children who would soon be trading summertime fun for structure and homework. Today, after being home for months, many kids wish they could go back...
By Mark I. Melo, Esq. As the COVID-19 pandemic continues to rage on, we have all had to change our lifestyles to some extent, finding different means of doing things than before. For example, on the recent 4th of July holiday, the beautiful fireworks shows that so...
By Jaimee K. Wellerstein, Esq. Sorry California employers, California’s rigid wage and hour laws aren’t taking a break just because there’s a global pandemic. Employers should be aware that on July 1st, the minimum wage for many California employees increased....
By Dawn Cushman, Esq. The year 2020 will likely be remembered as noteworthy for many reasons, such as COVID-19 and the protests surrounding the death of George Floyd. There is, however, a reason to celebrate 2020. It is the 100th anniversary of the passage of the 19th...
By Jaimee K. Wellerstein, Esq. On May 6, 2020, Governor Newsom issued Executive Order N-62-20 (Order), extending workers’ compensation benefits to employees who contract COVID-19 while working outside of their homes during California’s stay-at-home order. The Order...
By Darren G. Mayers, Esq. By now we have all listened to Los Angeles Mayor Eric Garcetti’s daily COVID-19 briefings that all end with the admonition to “Stay safe, but stay at home.” This is sound advice for most of us. Fortunately, there are dedicated men and woman...
By Jaimee K. Wellerstein, Esq. and Annette M. Barber, Esq. With cases of COVID-19 rising in Los Angeles, on April 7, 2020, City of Los Angeles Mayor Eric Garcetti issued two new COVID-19-related Public Orders to provide further protections for Los Angeles workers. The...
By Kamil Canale, Esq. The COVID-19 pandemic is impacting companies and their ability to meet contractual obligations worldwide, and California is no exception. There are travel restrictions and supply issues. You may be having difficulties fulfilling orders because...
By Jaimee K. Wellerstein, Esq. Likely not a surprise to California employers, the California Supreme Court has once again ruled on the side of the employees in Kim v. Reins International California, Inc. On March 12, 2020, the Court held that even after an employee...
By Jaimee K. Wellerstein, Esq. and Annette M. Barber, Esq. The emergency nature of recent COVID-19 related legislation has left many employers with questions. This update will focus on new guidance provided by state and federal governmental agencies regarding the use...
By Jaimee K. Wellerstein, Esq. BY Annette M. Barber, Esq. With the State of California largely on shut-down due to the COVID-19 epidemic, many businesses are facing the harsh reality that significant changes to their business and workforce are necessary....
By Jaimee K. Wellerstein, Esq. and Annette M. Barber, Esq. COVID-19 preparedness and containment procedures are changing rapidly. We encourage you to stay informed and up to date by obtaining information from all available sources, as are we. We will strive to provide...
By Jaimee K. Wellerstein, Esq. and Annette M. Barber, Esq. The outbreak of COVID-19 has multiple implications for today’s workplace, including the effect on business continuity, health and safety issues, leaves of absence, discrimination and travel. The U.S. Centers...
By Lena J. Marderosian, Esq. February is the shortest month of the year. But this year, thanks to 2020 being a Leap Year, we get to tack on an additional day to February so that the total number of days in the year is 366, not 365. This extra day is added every four...
By Barry A. Bradley, Esq. By Thomas P. Gmelich, Esq. Last year in California, hundreds of bills were signed that became effective in 2020. This may be important to non-Californians, as well, since we seem to often start a trend that moves Eastward. (Should we...
By Jaimee K. Wellerstein, Esq. On December 30, 2019, a federal court granted California employers a temporary reprieve from complying with AB 51 on January 1, 2020. AB 51 is the new law that would prohibit employers from requiring applicants and employees to enter...
By Jaimee K. Wellerstein, Esq. By Annette M. Barber, Esq. As we ring in a new year and a new decade, California employers will be faced with a number of important new laws. Following are some key employment laws that will take effect this coming year: Sexual...
By Julie A. Bachert, Esq. There’s nothing like a big display of holiday lights to attract a crowd. Like moths to a flame, droves of people flock to their nearest holiday light display to view the blinding illuminations that appear just once a year. In fact, holiday...
By James F. Saunders, Esq. Yes, what used to be the tradition of shopping at the crack of dawn on the Friday after Thanksgiving has given way to downing your Thanksgiving feast and rushing out to get a jump on Holiday Shopping. Many retailers are now kicking off the...
By Robert A. Crook, Esq. Halloween is fast approaching. This is the time when hordes of children—some dressed as ghosts, goblins and skeletons—go door-to-door in search of treats. Which makes this an appropriate time to ponder an unsettling question: What are the laws...
By Jaimee K. Wellerstein, Esq. Yesterday, California Governor Gavin Newsom signed into law Assembly Bill 5 (AB5), the bill that aims to codify the ruling set forth in the 2018 California Superior Court case, Dynamex Operations West, Inc. v Superior Court of Los...
By Arin Norijanian, Esq. We just celebrated the Labor Day holiday. A time for barbecues, beach trips, weekend getaways and other fun ways to mark the end of summer. What often gets lost amidst all the celebrations, though, is the thing that Labor Day is actually meant...
By Jaimee K. Wellerstein, Esq. By Annette M. Barber, Esq. On July 3, 2019, California became the first state to ban discrimination against natural hair, including afros, braids, twists, and dreadlocks. Introduced by Sen. Holly J. Mitchell, Senate Bill 188 (SB 188)...
By Anastasia Markie, Esq. It’s August and temperatures are soaring. If you have a backyard swimming pool, the summer heat usually means one thing: BBQs and pool parties! Stock up on refreshing beverages…prepare the grill…get plenty of guacamole. Then invite your...
Along with the rise in temperatures, so goes the minimum wage for many California employees. Although the state minimum wage remains $11.00 per hour for small employers (25 or fewer employees) and $12.00 per hour for large employers (26 or more employees), as of July...
By Dana M. Enyart, Esq. In the words of the great Abraham Lincoln, “Those who deny freedom to others deserve it not for themselves.” However, while we may live in the land of the free , complete and unfettered freedom for all is not always possible. With the Fourth of...
By Robert A. Crook, Esq. It’s June. Time to think about returning to the beach to enjoy barbecues, sandcastles and following Grandpa around the dunes with his metal detector! So what happens from the legal perspective when Grandpa actually finds something buried in...
By Angela M. Rossi, Esq. Can an employer be liable for an employee’s car accident during his/her commute to and from work? Under the “going and coming” rule, employees are generally considered to be outside the course and scope of their employment while commuting...
By Jaimee K. Wellerstein, Esq. On Apr. 24, 2019, in a split 5-4 decision in Lamps Plus, Inc. v. Varela , No. 17-988, the U.S. Supreme Court (SCOTUS) held that courts may not compel class action arbitration unless the parties expressly state their clear intent to...
By Darren P. Salute, Esq. April 1 st , commonly referred to as “April Fool’s Day,” has arrived. Lots of people have fond memories of pulling practical jokes on one another back when they were in camp, high school, college, or at home. But practical jokes are one thing...
By Annette M. Barber, Esq. On March 7, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would increase the white-collar salary threshold for exempt executive, administrative and professional employees from the current $23,660 to $35,308 per...
By Lily Nhan, Esq. International Women’s Day is a public holiday celebrated every year on March 8. The day is to honor the international movement for women’s rights and the continuous battle to achieve equality for women. Since the first International Women’s Day...
By Arin Norijanian, Esq. On February 4, 2019, in Ward v. Tilly’s, Inc., the California Court of Appeal held employees were due reporting time pay for calling in to work before the start of their shifts to see if they were needed to come in even if they never...
All’s fair in love and war? Not quite – especially in the age of social media. According to The Economist, the internet overtook other common meeting places for seeking romance (e.g., college, church, workplace, and even bars) as early as 2010. People are meeting and...
by Jaimee K. Wellerstein, Esq. As we ring in the new year, California employers should prepare for a number of new laws. Many of the new laws stem from the ever-growing #MeToo movement and bolster harassment protection for employees, while others resolve prior...
by Robert A. Crook, Esq., Special Counsel So, your Cyber Monday has continued into your post-holiday cyber returns. Shopping deals are still everywhere, and they last well into the next year. As our reliance on the internet grows for our consumer needs, so too do the...
By Anastasia Markie, Esq. Thanksgiving marks the beginning of the holiday season, and the centerpiece of the celebration is the elaborate holiday meal. Whether you’re celebrating at home or dining out, you don’t expect a side of salmonella with your turkey trimmings....
By Lindy F. Bradley, Esq. As the days grow shorter and darkness falls a bit earlier, it can only mean one thing. Halloween is almost here! In the spirit of All Hallows’ Eve, Bradley, Gmelich & Wellerstein LLP presents you with a few spooky tales to make you shiver...
By Mark I. Melo, Esq. The end of summer brings yet another school year for many families. With each new school year comes the usual wave of back-to-school nights, volunteer sign-ups, and parental permission slips to be signed, covering everything from athletic events...
By: Stephan P. Hyun, Esq. As spring season is underway, you may work on some spring cleaning, perhaps tend to your plants and flowers that have started blossoming. With winter gone, the days are becoming longer and weather is getting warmer. You may be thinking of...
By: Jaimee K. Wellerstein, Esq. BREAKING NEWS! In a monumental victory for employers in one of the most significant employment rulings in recent history, the Supreme Court of the United States held on Monday, May 21, 2018 in Epic Systems Corp. v. Lewis that class...
By: Lindy F. Bradley, Esq. On April 9, 2018, the Ninth Circuit Court of Appeals unanimously ruled that employers may no longer consider an employee’s prior salary, either alone or combined with other factors, to justify gender-based pay disparities. However, the...
Darren G. Mayers, Esq. According to the Federal Motor Carrier Safety Administration (“FMCSA”) there are approximately 4,000 deaths and 100,000 injuries from trucking accidents each year. Defending a trucking accident is unlike defending an automobile accident. The...
by Lindy F. Bradley, Esq. On April 9, 2018, the Ninth Circuit Court of Appeals unanimously ruled that employers may no longer consider an employee’s prior salary, either alone or combined with other factors, to justify gender-based pay disparities. However, the Court...
What You Need to Know Before You Pitch Your Tent in the Great Outdoors this Spring Season As we approach the spring season, warmer temperatures are bound to entice outdoor enthusiasts to venture out to the wide open spaces to camp, hike and backpack. As we all know,...
By Founding Partners Barry A. Bradley, Esq. & Thomas P. Gmelich, Esq. In addition to our now famous Proposition 64 — passed by voters legalizing pot for recreational use — California Governor Jerry Brown signed 859 new laws that will likely affect you or amuse...
New Case Authority Helps Guide The Insurer When It Discovers Material Misrepresentations In The Coverage Application By: Robert A. Crook, Esq. The scenario is familiar. An insurance carrier receives an application to insure a single family home. No leaks. No pets. No...
By: Mark I. Melo, Esq. Now that Halloween has come and gone, many of us are now anxiously awaiting the Thanksgiving Holiday. While we comb the stores for the perfect turkey and the last bag of cranberries, we here at Bradley, Gmelich & Wellerstein LLP also look...
Shape Up On Your Fitness Law! By Lily Nhan, Esq. Summer solstice, June 22, officially kicked off the beginning of the Summer season. For some, summer solstice also marked the beginning of beach and outdoor festivity season. Many are inspired to get in tip top shape...
By Harold A. Laufer, Esq. Before the purchase or sale of a business is completed, you should expect that an investigation into the business, its operations, financials, and other matters will occur. The buyer always wants to know that it is getting everything it...
As any defendant will tell you, there is nothing scarier than a lawsuit lurking in the dark. Litigation can be the stuff of nightmares, after all. This is particularly true for the unfortunate souls who are served with a products liability complaint in California....
by Jaimee K. Wellerstein, Esq. By September 18, 2017, employers must use a new version of Form I-9, Employment Eligibility Verification, which was revised on July 17, 2017 (Form 7/17/2017 N). Until then, employers can continue using the recently revised Form 11/14/16...
Plaintiffs often are lead to believe that, at trial, they can recover all amounts of their doctor bills for their medical treatment. We all know that can be a lot of money! However, in 2011, the California Supreme Court held in Howell v. Hamilton Meats &...
By: Lindy F. Bradley, Esq. California is easily the most populated state in the United States, with approximately 38 million individuals living in what is considered the best weathered state in America. Summer in California, and specifically in the southern part of...
By: Darren Salute, Esq. How many of us have picked up our cell phones while driving to quickly check an email, review or send a text message or simply make a phone call. We’ve all heard the news regarding the new cell phone hands free laws. California’s Vehicle...
By: Angela Rossi, Esq. So you want to take your “emotional support” peacock on the plane with you when you fly. Can you? What is a “service” animal, anyway? According to the Americans with Disabilities Act , ” service animals are defined as dogs that are individually...
By: Jaimee K. Wellerstein, Esq. July Means Numerous Increases To Local Minimum Wage Ordinances! The California state minimum wage will remain intact at $10.50 an hour for employers with 26 or more employees until 2018. However, there are many local minimum wage...
Spring is the time of year when we start hearing warnings about reptiles, particularly the Western Rattlesnake, the most common venomous snake in California. A somewhat different danger to defendants in lawsuits is the expanding use by plaintiffs’ attorneys of the...
By Stephan P. Hyun, Esq. Within the realm of California law that governs liability of an employer for its employee’s actions, is the concept of the “Going and Coming” rule. Rather than being dictated by a specific statute or law, the foundation of this rule...
By Harold Laufer, Esq. You’ve worked hard over many years to build a successful business. Maybe you’re starting to think about retiring, or maybe you’ve figured out that the company is now worth so much you ought to consider selling it. Before you just list the...
By Barry A. Bradley, Esq. and Thomas P. Gmelich, Esq. With more than 800 laws that took effect this past January 1st, California has a mixed bag for its citizens. Here are just a few highlights, whether you live here or not. . . A Little Off the Top ...
BREAKING NEWS: California Supreme Court Rejects “On Duty” or “On Call” Rest Breaks By Jaimee K. Wellerstein, Esq. On December 22, 2016, the California Supreme Court devastated California employers, the security industry in particular, in the landmark case of Augustus...
By Barry A. Bradley, Esq. In July, the Court of Appeal in Janice H. vs. 696 North Robertson, LLC affirmed a $5.43 million jury verdict in favor of plaintiff Janice H., who was sexually assaulted inside the Here Lounge night club in West Hollywood. She had been...
By Lindy F. Bradley, Esq. As Californians prepare to fill our cauldrons with candy and don our creepiest costumes, here are a few interesting legal facts to fuel those broomsticks this Halloween season! Sellers must tell prospective home buyers about their family...
Just two weeks after the new minimum wage laws went into effect, some employers have been taken by surprise at their broad scope. This is what you need to know about the City of Los Angeles ordinances and how they affect businesses outside of the City limits: Minimum...
Summer is officially here, and if you didn’t notice that on the calendar, you certainly did by stepping outside. For most of us, dealing with the heat means nothing more than the brief furnace blast between air-conditioned homes, stores, vehicles, etc. Similarly, for...
Bradley, Gmelich & Wellerstein LLP is proud to announce that it has once again been selected as a key speaker at the ASIS International 62nd Annual Seminar and Exhibits on September 12-15, 2016 in Orlando Florida. Partners Barry Bradley, Jaimee Wellerstein, Kamil...
Internet apps have dramatically improved our daily life. Ordering a cab is at your fingertips (thank you Uber and Lyft). You can cyber stalk your ex’s new significant other without leaving the comforts of your home (thank you Facebook and Instagram), and it has never...
Congratulations to partner, Shirley R. Sullinger, Esq., who has just received an AV® Preeminent Rating™ from Martindale-Hubbell®, the highest possible Peer Review Rating. This distinction is given to those that have been recognized by their peers to be the best in...
On behalf of Bradley, Gmelich & Wellerstein LLP, we would like to extend our best wishes for a safe and happy Fourth of July. In addition to barbecues and time with family and loved ones, we have no doubt that many of you are already looking forward to the...
It’s a Super-visor? By Stephan P. Hyun, Esq. It is well understood that supervisors and managers have strong influences on a given company and its employees. Their authority can appear to reign supreme, and accordingly, the law imposes certain liabilities that...
Maureen DeSaulles v. Community Hospital Of the Monterey Peninsula (March 10, 2016) Supreme Court of California 62 Cal.4th 1140 The recent California Supreme Court decision of DeSaulles v. Community Hospital shows that defendants who settle should be diligent in their...
BLACKWELL v. VASILAS – 4th District, Div. 1 (January 26, 2016) The case of Blackwell v. Vasilas serves as an important reminder to a homeowner to make sure that they hire a licensed contractor because if an unlicensed contractor injures a third party, the homeowner...
By Mark I Melo, Esq. In Mitchell v. Superior Court (decided December 4, 2015), the 2nd District Court of Appeal allowed a plaintiff to present witnesses whose only purpose was to describe plaintiff’s injuries. This was allowed because the defendant never asked for...
By Barry A. Bradley, Esq. and Thomas P. Gmelich, Esq. California’s Governor Jerry Brown signed 807 New Laws for 2016. Below are just a few highlights that might be of interest, whether you live here or not. Equal Pay Senate Bill SB 358, known as the Fair Pay Act,...
Perhaps No Time if a Responsive Pleading Is Due By Robert A. Crook, Esq. As those working in the legal field know, the old adage that “timing is everything” has special importance when evaluating insurance claims made by first-party insureds. Of course, claims...
Court of Appeal Delivers a Blow to Civil Defendants in Personal Injury Cases Where Plaintiff’s Medical Providers Sell Their Liens to Factoring Companies as a Discount The landmark case of Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, held,...
Congratulations to partners Barry Bradley, Kathryn Canale, Shirley Sullinger, and our Of Counsel Gary Bradley for their outstanding mock trial presentation at the 61st Annual ASIS International Seminar which took place on September 28, 2015. The mock trial...
In California, the parties to a lawsuit are always encouraged to consider a pretrial settlement in an effort to avoid the time and expense of trial, and a number of tools exist to bring litigants to the bargaining table. One such tool is codified under California...
Of course you have all seen an employee have a little too much fun at the office party, but it’s no trouble for the employer right? Wrong! Employers who host social events should be aware of potential liability, both as a social host and as an employer. Social Host:...
