As of July 1, 2024, California Will Require Most Employers to Have a Written Workplace Violence Prevention Program (WVPP) and Training. Is Your Company Compliant?
June 17, 2024 —
Jason L. Morris & Louis "Dutch" Schotemeyer - Newmeyer DillionThe California legislature passed Senate Bill 553 (SB 553) in 2023. This bill requires most California employers to implement a written Workplace Violence Prevention Program (WVPP) and to train employees on the WVPP. At Newmeyer Dillion, we are dedicated to helping you navigate these requirements and maintain a safe, compliant work environment.
Act Now: Two Weeks to Comply
With SB 553's July 1st compliance deadline, employers have just two weeks to develop and implement a compliant Workplace Violence Prevention Program (WVPP). The clock is ticking, and it is imperative to act swiftly to ensure compliance and protect your employees.
What is SB 553?
SB 553 is a legislative measure aimed at enhancing workplace safety by mandating specific actions from employers to prevent workplace violence. This bill recognizes the growing concern around workplace violence incidents and the need for proactive measures to maintain a safe workplace. The key components of SB 553 include:
- Establishment of a Workplace Violence Prevention Program (WVPP): Employers are required to develop and implement a comprehensive written WVPP tailored to their specific workplace environment and risks.
Reprinted courtesy of
Jason L. Morris, Newmeyer Dillion and
Louis "Dutch" Schotemeyer, Newmeyer Dillion
Mr. Morris may be contacted at jason.morris@ndlf.com
Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com
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The 411 on the New 415 Location of the Golden State Warriors
June 10, 2015 —
Garret Murai – California Construction Law BlogYou can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to the NBA Finals for the first time since 1975.
Formerly the Philadelphia Warriors from 1946 to 1962, and later the San Francisco Warriors from 1962 to 1971, the Golden State Warriors have played in Oakland’s currently named Oracle Arena since 1966 (except for one year when they played in San Jose while the Oracle Arena was being remodeled).
Starting next year, however, construction will begin on the Warriors’ new stadium in the Mission Bay area of San Francisco with completion scheduled for the 2018-2019 season. Although details are just emerging – and even the conceptual plans have changed after some said that the initial design looked like a toilet – here’s the 411 we know on the new 415 location of the Warriors:
- The cost of the new arena is estimated to be $1 billion.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court
July 31, 2024 —
Erica Whaley - Construction Law ZoneEarlier this year, the
Associated Subcontractors of Massachusetts hired Robinson+Cole attorney
Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before it in
Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc. In its June 17, 2024 decision in that case, the Court interpreted the Massachusetts Prompt Pay Act, which applies to private construction projects and “requires that parties to a construction contract approve or reject payment within” an allotted time period and in compliance with certain procedures else such payments will be deemed approved. Two years ago, the Massachusetts Appeals Court, in
Tocci Building Corp. v. IRIV Partners, LLC, decided that an owner who fails to timely advise its general contractor of the reasons as to why it was withholding payment, coupled with failure to certify that such funds are being withheld in good faith, violates the Prompt Pay Act and makes the owner liable for funds owed.
[1] However, the Tocci Building Court left open the question of whether one who violates the Prompt Pay Act forfeits its substantive defenses to non-payment, such as fraud, defective work, or breach of material obligation of the contract.
The facts of Business Interiors involve a general contractor, Graycor, which subcontracted Business Interiors to perform certain flooring work for a movie theatre in Boston’s North End. When Graycor failed to formally approve, reject, or certify, in good faith, its withholding of payment of three of Business Interiors’ applications for payment as prescribed by the Prompt Pay Act, Business Interiors brought suit alleging, among other things, breach of contract. Business Interiors then moved for summary judgement arguing that Graycor’s failure to comply with the Act rendered it liable for the unpaid invoices.
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Robinson + Cole
Housing Woes Worse in L.A. Than New York, San Francisco
September 03, 2014 —
Nadja Brandt and John Gittelsohn – BloombergJeanette Cross took out a payday loan to cover her May rent of $1,600 in South Los Angeles. She skipped car and insurance payments to keep a roof over her head.
“I’m further and further behind,” Cross, a 34-year-old single mother of four, said in a telephone interview. “I make a payment on one thing and don’t pay others.”
She isn’t alone. Angelenos use a bigger slice of their paychecks on shelter than people in New York, San Francisco or Miami, studies show. Surging property prices in the second-largest U.S. city are driving up costs in once-impoverished areas while pushing lower-income households into converted garages or to distant suburbs, where the tradeoff is hours stuck in traffic each day.
Reprinted courtesy of
Nadja Brandt, Bloomberg and
John Gittelsohn, Bloomberg
Ms. Brandt may be contacted at nbrandt@bloomberg.net; Mr. Gittelsohn may be contacted at johngitt@bloomberg.net
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Manhattan Townhouse Sells for a Record $79.5 Million
April 05, 2017 —
Oshrat Carmiel - BloombergA home on Manhattan’s Upper East Side sold for $79.5 million, according to property records made public Wednesday, making it the highest price ever paid for a townhouse in the borough.
The 20,500-square-foot (1,905-square-meter) property, at 19 E. 64th St., had been owned by the Wildenstein family, billionaire art dealers whose gallery was located at the site for more than 80 years. The previous record for a Manhattan townhouse was the $53 million paid for 4 E. 75th St., in 2006, according to appraiser Miller Samuel Inc.
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Oshrat Carmiel, BloombergMr. Carmiel may be followed on Twitter @OshratCarmiel
Couple Claims Poor Installation of Home Caused Defects
December 30, 2013 —
CDJ STAFFRobert and Tracy Samosky of Spanishburg, West Virginia have filed a lawsuit claiming that the improper delivery of their modular home caused defects and damages, preventing them from actually using their home. The couple purchased a modular home from J&M Quality Construction for a home designed and built by Mod-U-Kraf Homes. They are suing the two firms for $50,000 in damages, reports the West Virginia Record.
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Claims against Broker for Insufficient Coverage Fail
May 10, 2021 —
Tred R. Eyerly - Insurance Law HawaiiAfter a coverage dispute for damage caused by Hurricane Harvey was settled, the insured's claims against its insurance broker for providing insufficient coverage were dismissed. Hitchcock Indep. Sch. Dist. v. Arthur J. Gallagher & Co., 2021 U.S. Dist. LEXIS 57452 (S.D. Texas Feb. 26, 2021).
The School District suffered $3.5 million in property damage after Hurricane Harvey struck. Its insurers denied coverage and the School District sued. During the litigation, the School District learned that the policies contained an arbitration clause and a New York choice of law provision. Rather than pursue its claims in arbitration, the School District settled with its insurers and sued its broker for failing to obtain insurance without arbitration or choice of law provisions. The broker moved to dismiss
The School District claimed that it had to settle with the insurers for less than what it would have settled had the arbitration and choice of law provisions not been in its policies. The court found this novel theory to be based upon pure speculation
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Singer Akon’s Multibillion-Dollar Futuristic City in Africa Gets Final Notice
September 02, 2024 —
Katarina Hoije & Fred Ojambo - BloombergA single arched concrete block juts out of a field in Senegal where R&B singer Akon first laid the foundation stone for his $6 billion metropolis four years ago.
The West African nation granted the artist 136 acres of land on its Atlantic Coast in 2020 to build his Akon City — envisioned as a real-life Wakanda, the fictional country from Marvel Studios’ Black Panther films.
Complete with condominiums, amusement parks and a seaside resort in gravity-defying skyscrapers rising above the rural landscape, Akon City would run on solar power and his Akoin cryptocurrency, the American-Senegalese singer said during a flashy presentation in Senegal’s capital, Dakar.
Today, goats and cows graze the deserted pasture 60 miles south of Dakar, and authorities are growing increasingly impatient.
Reprinted courtesy of
Katarina Hoije, Bloomberg and
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