Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

On March 21, 2010, the United States Congress passed the Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872). This legislation will reform the nation’s broken health insurance system by providing medical coverage to uninsured, vulnerable Americans who would otherwise not be able to receive adequate health care. Passage of this Act is truly a democratic success and a milestone in our nation’s history.

Such change does not come cheap. According to the Congressional Budget Office, health care reform will cost an estimated $940 billion over the course of 10 years. To offset the costs imposed on the government, the Act appropriately imposes tax increases on certain classes and industries. One such area is the medical device manufacturing industry.

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On Saturday, May 8^th, employees from KPA, along with friends and family, will be walking in the 17^th Annual EIF Revlon Run/Walk for Women.

You can join KPA in the fight against women's cancers by making a donation to our team page. Your donation will help fund important research into the cause and cure of women's cancers, prevention, education and support service programs. Every dollar will help bring us one step closer to a cure.

Los Angeles residents – sign up to walk!

 

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On March 31, 2009, Yamaha Motor Corporation recalled approximately 145,000 off-highway recreational vehicles for repairs due to hundreds of reported injuries and 46 deaths related to several Yamaha Rhino models, including the 450, 660 and 700 model vehicles. According to the Consumer Product Safety Commission, more than two-thirds of the accidents involved rollovers, many of which appear to involve turns at relatively low speeds and on level terrain. Yamaha Rhino ATVs may contain design defects making the vehicle unstable and prone to rollovers.

If you've been involved in an accident involving a Yamaha Rhino ATV, contact us.

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The National Law Journal Legal Pad and the Metropolitan News-Enterprise both reported the news of Elizabeth Hall joining KPA. 

Elizabeth will focus on handling consumer fraud and wage and hour class actions.  KPA handles a variety of cases, including class actions, mass torts, pharmaceuticals, consumer fraud, labor and employment, product liability and toxic tort matters.

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For decades, wage and hour attorneys have relied on DOL Opinion Letters as a means for interpreting and applying the FLSA. In the past, requests for opinion letters could be submitted and would receive responses that analyzed the particular facts of any given situation. This practice is now a thing of the past, and wage and hour attorneys can no longer rely on these opinion letters to the degree they once did for the specific situations arising in their cases. 

The DOL has not issued an opinion letter with regard to the FLSA since early last year. At the time the last opinion letter was issued, the DOL also withdrew several of its previous opinion letters for what it described as further consideration. The DOL has since determined that it will not issue wage and hour opinion letters in the manner it has in the past, and will instead issue more broad Administrative Interpretations.

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Q:  What is the last book you read?  A:  What is the What

Q:  What is the last movie you saw?  A:  Alice in Wonderland

Q:  What is your dream vacation destination?  A:  Bora Bora

Q:  Quote or mantra to live by?  A:  "Only move forward"

Q:  Who would you say your role model is?  A:  Michelle Obama - I admire her strength.

Q:  Favorite newspaper or magazine?  A:  People Magazine

Q:  Any memorable or interesting court room stories you can share?  A:  Arguing a motion in federal court to seal the courtroom in front of the very individuals I wanted excluded.

Q:  What is one career goal you hope to accomplish by the end of the year?  A:  First-chair a civil case at trial

Q:  What do you feel is the most rewarding part about being a plaintiff attorney?  A:  Turning an idea into law

Elizabeth can be reached by email at ehall@kpalawyers.com.

 

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Today, KPA issued a press release welcoming their newest associate, Elizabeth Hall. 

Elizabeth will focus her time at KPA on consumer fraud and wage and hour class actions.  She brings several years of experience to the firm and is committed to join in their fight to protect those individuals who have been wronged.

Elizabeth obtained her Juris Doctor from the University of San Francisco School of Law, and her Bachelor of Arts in English Literature, with a minor in Philosophy/Latin, from the University of California, San Diego.

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On March 25, 2010, in a long awaited decision, the Ninth Circuit held that the time spent putting on and taking off required uniforms and gear does not constitute compensable work for police officers. In Bamonte v. City of Mesa (9th Cir. 08-16206) the claimants, police officers employed by the city of Mesa, Arizona, brought a suit contending that the City violated the Fair Labor Standards Act (FLSA) by failing to compensate police officers for time spent putting on and taking off their uniforms and gear at the beginning and end of their shift, a process known as donning and doffing.  The police officers argued that strong relationship between their uniform and gear and the performance of their duties makes the time they spend putting the uniforms on and off compensable.  They further argued that, although they have the option of donning and doffing their uniform and gear at home, for many reasons it is preferable for police officers to do so at work. 

The Ninth Circuit disagreed.  It emphasized the fact that the police officers are not required by law or by the nature of their work to don and doff their uniforms and gear at the employer’s premises.  The Court reasoned that to the extent officers chose to dress at work, their decision was strictly a matter of employee convenience, and, as a result, their decision to change clothes at work did not render that time compensable. Accordingly, the Court affirmed the district court’s ruling that the donning and doffing of uniforms and gear by police officers is not compensable under the FLSA.

This decision may have significant ramifications for both private and public employers. To the extent any employer requires its employees to wear a uniform (or gear), this decision provides a framework for determining whether an employee is entitled to compensation. Although certain factors or set of facts may lead to variations, an employer requiring its employees to don and doff uniform and gear at work are likely required to compensate employees for that time, but employees are generally not entitled to compensation if they have the right to change at home at the beginning and end of their workday.

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This article is a great overview of some of the most common violations with respect to wage and hour laws.  They are more common than you might think, so protect yourself by knowing your rights.

The Top 7 Most Common Wage and Hour Mistakes

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Aboutlawsuits.com reported today on the latest developments with the New Jersey Reglan lawsuits.  It looks as though the New Jersey state court system has until May 14 to make their decision on whether or not to consolidate cases from across the state. 

Almost a year ago, the U.S. Judicial Panel on Multidistrict Litigation denied a similar request for consolidation of the federal Reglan litigation, keeping all individual cases across the country as just that, individual cases. 

Will New Jersey start a trend that other states across the country are going to follow?  There seems to be a large amount of Reglan cases across the country, strengthening the possibility of consolidation at some level.

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Client Trust Accounting: A Snapshot of What Lawyers Need to Know
Adam Kerns, J.D., C.P.A.

Many attorneys feign interest when dealing with anything involving numbers or calculations; however, all attorneys must follow a few basic principles when handling client money. Client trust accounting, defined as the actual accounting done by attorneys with regard to money held in trust (i.e. in an IOLTA), means more than simply depositing money into that IOLTA. Attorneys must keep detailed records and an up-to-date accounting of each client’s money held in trust.

The California Rule of Professional Conduct 4-100 does not lay out a detailed set of record keeping requirements, rather it simply requires that an attorney maintain sufficient records to enable a detailed accounting of all money being held in trust for a client at any given time. Whether or not you personally maintain the bookkeeping for the trust accounts or employ someone to do so, you remain personally liable, as the attorney, for any money held in trust.

What happens when the attorney receives money related to a client?
All money received from a client or on behalf of a client must be deposited into a trust account until the attorney completes a proper accounting of the money. If the attorney receives property, other than money, on behalf of a client, the attorney must label the property, identify the property in written records, and maintain the property in a safe location (e.g. safe deposit box). The trust account must be maintained in California unless the attorney receives consent in writing from the client to keep the money elsewhere. Attorneys should promptly notify clients upon receipt of money held in trust. No money belonging to the attorney or to the attorney’s law firm can ever be deposited into the trust account. No commingling is permitted.

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