The Resource for Legal Administrators
February 2006 Volume 4 • Issue 3
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org Page Directory
President’s Message Monthly Features Labor law and much more Publication Information...... 5 by Brian Robbins, CLM...... 6 Calendar...... 8 Editors’ Note SOS - Succeed Over Stress...... 16 state & federal Labor Laws by Steven Jones...... 7 Labor Law Conference Photos...... 22 & 23
Human Resource Challenges Board of Directors...... 24 & 25 REGISTERING DOMESTIC PARTNERS Member Information...... 28 by Jan Christensen...... 10 Technology Tip...... 34 The Year In Review Office Leasing...... 38 2005 CALIFORNIA EMPLOYMENT LEGISLATION by Liseanne Kelly...... 12 Vendor Spotlight ...... 44 Wellness Zone...... 46 Facts About FACTA FAIR AND ACCURATE CREDIT TRANSACTION ACT Vendor Partners (OR FACTA) Aflac...... 37 by Nancy G. Berner, Esq...... 14 Arlen Group...... 45 I Have Three Words For You: CalToner...... 3 DOCUMENT, DOCUMENT, DOCUMENT City National Bank...... Back Cover by Michael Kun, Esq...... 18 Crowther Consulting Corp...... 31 Davidson Legal Staffing...... 28 Labor Law Changes In 2005 eFax Corporate...... 29 COURTS FUEL LABOR LAW CHANGES IN 2005 by Andrew B. Kaplan, Esq...... 20 ESP...The IT Candidate People...... 46 HIRECounsel...... 17 My Journey To Rio HOK Interiors...... 3 A SPEAKING ENGAGEMENT IN RIO DE JANEIRO, Hutchings Court Reporters...... 34 BRAZIL - APRIL 26, 2005 Innovative Computing Systems...... 35 by Luci Hamilton...... 26 Legal Option Group...... 15 Domestic Partner Rights & Responsibilities Matura Farrington Staffing Services...... 39 by Joanna Blake, Christopher Milligan & Rowena Santos...... 32 Merrill Corp...... 3 Robert Millard Photography...... 37 W orkplace Romance Osmio...... 19 WORKPLACE ROMANCE MAY CREATE HOSTILE Overnite Express...... 11 WORK ENVIRONMENT FOR OTHER EMPLOYEES Profiles Personnel...... 38 by Michael Lotito, Esq...... 36 Praxis...... 21 Providus...... 41 Imagine The Following Scenario Robert Half Legal...... 2 DOES YOUR JOB APPLICATION PUT YOUR Seamless Web...... 47 COMPANY AT RISK? by Michael Kun, Esq...... 40 Tra-Co Graphics...... 37 Typecraft Wood & Jones...... 41 The Importance Of Quality United Document Storage...... 11 by Michael Kun, Esq...... 42 WAMS...... 9
Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 Publication Info
Leadership Exchange The monthly magazine of the Vendor Advertising Information Greater Los Angeles Chapter of the Association of Legal Administrators Copyright © 2006—All Rights Reserved The Leadership Exchange www.glaala.org
Steven Jones, Managing Editor Lister Martin & Thompson LLP T: 818-551-6444 • F: 818-242-3816 [email protected] Full Page 1/2 Page 1/4 Page Bus. Card 7.5w X 9.75h 7.5w X 4.875h 3.625w X 4.875h 3.625w X 2.375h
Karen Wilson, Publication Team [email protected] Advertising in The Leadership Exchange Michelle Liffman, Vendor Liaison Contact Michelle Liffman, PHR at O’Melveny & Myers, LLP 213-430-8353 or [email protected] T: 213-430-8353 • F: 213-430-6407 for pricing and availability [email protected] All material must be supplied electronically on disk or sent via e-mail. Please send files to [email protected] (Maximum 9 Megabytes) Tracy Dragoo, Layout & Design [email protected] We prefer Macintosh-based files though will accept PC files created in Quark XPress 4, Adobe InDesign, Adobe Illustrator, Adobe Photoshop or Adobe Acrobat (PDF) Typecraft Wood & Jones, Printing Prepare all files to standard printing specs (CMYK, 300dpi, embed fonts) T: 626-795-8093 The Leadership Exchange Magazine is printed 4-color process on a state-of-the-art Heidlberg press at 200lpi and utilizes The Greater Los Angeles Leadership computer-to-plate technology. Exchange is published monthly to provide information for the education and benefit of legal administrators, law office managers, managing Please call Tracy Dragoo for more details or questions — 626-487-0784 partners of law firms and of corporate law departments, and others interested in law firm management. The Greater Los Angeles Chapter of the Association of Legal Administrators is not engaged in rendering legal, financial or tax counseling through this publication. No WE WANT TO KNOW! statement in this monthly magazine should be It is important to us that we provide valuable articles and features for you, our interpreted as legal, financial or tax advice. readers. Please take a minute to let us know your thoughts.
Any article, letter or advertisement published in The Greater Los Angeles Leadership • What would you like to see in future issues? Exchange should not be considered an endorsement by the Greater Los Angeles Chapter • Which article you found most valuable in this issue. of the Association of Legal Administrators of the opinions expressed therein or any product(s) • Which feature you enjoyed most. advertised. Contributing authors are requested and expected to disclose financial and/or • Which vendor ad caught your attention. professional interests and affiliations which may influence their writing position. All advertising is subject to approval by the Editor. Advertisers • Which article/ad/piece needed the most improvement? assume liability for all content of advertisements printed and assume responsibility for any claims Thank you for taking the time to send your comments and thank you for reading!! based upon subject matter.
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org President’s Message
Brian Robbins, CLM 626-440-5200 [email protected] LABOR LAW AND MUCH MORE
Dear GLA ALA Members: readership regarding the many benefits of membership in the Next year’s Board — At about the time you are reading this Chapter. g article, the 2005 / 2006 GLA ALA Board will be presenting the membership with a slate of candidates for the 2006 / 2007 Board It is with very mixed emotions (to take office effective April 1, 2006). We look forward to a that our Board bids farewell dynamic mix of returning Board members as well as many new to our current Vice President, faces. My personal thanks to this year’s Nominating Committee (Martha Bernard, Teresa Cherman, Luci Hamilton, and Wendy Michael Steiner, CLM. Michael is Sweet) for their many hours of work in bringing us all a very moving to a firm based in Hawaii energetic and qualified group of individuals to lead the Chapter (book your golf tours now!) and next year. will be leaving both GLA ALA and Region 6. While we are certain Labor Law — On January 28, 2006, the Chapter held its most this is a great move for Michael, he has been a successful Labor Law seminar ever at the Beverly Hills Hotel. tremendous asset to the Chapter. He played key Over 150 participants, including GLA ALA members and guests, roles in advancing Chapter relations with vendors were updated on the ever changing world of employment and including the expansion of the member directory, labor laws. The accompanying vendor faire was completely sold the creation of the vendor / member “mixers”, and out (we had to turn several away) with over 40 vendors sharing he Chaired the 1st Annual Golf Tournament last information (and prizes). Congratulations to the Seminars Team October. He also Chaired the GLA ALA’s 2005 on a job well done (Teresa Cherman, Janet Krause, Illona Reddick, Community Challenge (CCW) efforts. Thank you Tanya Russell, and several others who helped on the day of the event). Michael. You will be missed !
Administrators in flux — For those of you who have been in legal management for a while, it comes as no surprise that every year there is a lot of change as people (many of them members of ALA) move between firms and firms-merge-or-disband-or- New and Upcoming Attractions: spin-off-or-recombine. The year 2005 was no exception. While As always, check the Chapter’s website ( www.glaala.org ) for membership in our local chapter was relatively flat last year with the most up to date information on events, dates and locations. a change of ~ 4%, a couple of the larger chapters in the nation • Hold the Date — Come meet ALA President, David Constantine, experienced double digit membership declines while another February 28, 2006. We are planning an after work reception in saw growth exceeding 8%. What is one to make of this? My downtown Los Angeles — specifics TBA. conclusion is that change is inevitable and that membership in • Be on the lookout for the first vendor / member mixer coming both ALA and GLA ALA will assist members in obtaining and up in March 2006. These “mixers”, introduced in 2005, have been maintaining the skills and contacts you need to stay competitive. very successful and are a great way to catch-up with your peers as well as meeting a great variety of vendors in a casual atmosphere. • Website — Check out the Chapter’s website for recently added GLA ALA in print — For those of you who read the Daily items such as: new listing of Chapter Past President’s, additional Journal, you may have noticed that we’re getting the GLA ALA information on Region 6 officers, and enhanced information for name out in front of their readership! In partnering with the vendors on how they can participate and support the Chapter. • Members’ survey — Have you completed your survey yet? Daily Journal, the Chapter was able to run a series of ads Don’t miss out on an opportunity to win a scholarship to an promoting the January 2006 Labor Law seminar raising visibility upcoming conference. See the website’s home page “zoomerang” for, and attendance at, this terrific event. In addition, GLA ALA for details. is running ads in the Daily Journal to raise awareness among its
Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 Editors’ Note
Steven Jones 818-551-6444 [email protected] State & Federal Labor Laws
We have a great publication this month folks! This issue is filled with articles and updates relating to our state and federal labor laws. Take your time reviewing the enclosed information and feel free to contact the authors or clip an article for future reference. For additional labor law information don’t forget to check “The Source” or The Legal Resource Management Center at our national ALA site (www.alanet.org).
The following are a few of the state and federal laws:
• Safety and Health Protection on the Job • Workers’ Compensation • Discrimination and Harassment Protection (The California Fair Employment and Housing Act) • Employee Polygraph Protection • California Minimum Wage ($6.75) • Federal Minimum Wage ($5.15) • Family & Medical Leave Pregnancy Disability Leave Family Care and Medical Leave (CFRA Leave) Paid Family Leave • Time Off for Voting • Protection for Employee Whistleblowers • Equal Employment Opportunity • Unemployment Insurance • Disability Insurance • The Uniformed Services Employment and Reemployment Rights
Can you believe these laws are a result of many years of labor law development beginning with the Emancipation Proclamation of 1863 and ending with the most recent enactment of The Uniformed Services Employee and Reemployment Act. Make sure you consult with your labor law attorney if you are unsure about specific matters. g
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org February Calendar
Date Event Time & Location Contact
5:00 pm – 9:00 pm Brian Robbins Beverly Hills Country Club 1 Board Meeting [email protected] 3084 Motor Ave. (at Manning) 626-440-5200 Los Angeles, CA 90064
Brian Robbins ALA 2007 Annual Conference Mandalay Bay Resort & Casion 4 [email protected] Committee Planning Meeting Las Vegas, NV 626-440-5200
Brian Robbins ALA Essential Competencies Carefree Resort 6 [email protected] For Legal Administrators Carefree, AZ 626-440-5200
Brian Robbins Renaissance Esmeralda Resort and Spa 9 ALA Board of Directors Meeting [email protected] Indian Wells, CA 626-440-5200
10 Magazine Deadline for March Issue
Chapter Luncheon “Simplifying Communications 11:45 a.m. Angela Ungurean for the Modern Law Firm” Los Angeles Omni Hotel 14 [email protected] GUEST SPEAKER: Brian Remmel, 251 South Olive Street, 310-305-2100 Systems Engineering Manager for Los Angeles, CA 90012 Cisco Systems, Inc.
15 Magazine Vendor Ad Deadline for March Issue
ALA TeleSeminar Using Computer Forensics to 23 1:00 p.m. CST www.alanet.org Uncover Information Compromise
11:45 a.m. Susan Seales 23 Multi-Office Section Meeting Davis Wright Tremaine, LLP [email protected] 865 S. Figueroa #2400, Los Angeles, CA 213-633-6800
Mary McDonnell Westside 23 Small Firm Section Meeting [email protected] TBA 213-629-5700
FOR MORE INFORMATION ON THESE AND FUTURE EVENTS SEE WWW.GLAALA.org AND WWW.ALANET.ORG
Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 CLM Study Group
INTERESTED IN STUDYING FOR THE CLM EXAM SCHEDULED FOR MAY IN MONTREAL?
Contact the following CLM Section Chairs to organize A group for studying:
Martha Bernard - [email protected] Susan Seales - [email protected] colorhalfpage.qxd 12/27/04 1:03 PM Page colorhalfpage.qxd1 12/27/04colorhalfpage.qxdcolorhalfpage.qxd 1:03colorhalfpage.qxd PM 12/27/04Page 12/27/041:031 PM Page 1 1:03 PM Page 1 12/27/04 1:03 PM Page 1
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org Human Resource Challenges
Jan Christensen 310-480-3774 [email protected] Registering Domestic Partners
You will probably notice that some of the questions presented vacation time, you probably would not be required to pay by members appear to duplicate questions previously answered. employees “in the hole” for the three days to the extent of their Sometimes only a slight change of words on the same topic current vacation negative balance. may leave the Administrator seeking confirmation of the correct While the above is true for non-exempt employees, remember response. With open enrollment on most benefits plans just that exempt employees who work any portion of the week must behind us, questions on benefits have been common. be paid for that week except in extraordinary circumstances. As to the issue of switching from start date accrual to calendar One of our secretaries wants to enroll her long-time live in year, it appears that only those employees approaching an boyfriend in our health insurance plan as her domestic partner. anniversary date where vacation accrual increases would be Can she do this?’ impacted by the change. (If the employer offers two weeks for the The answer to this question depends on language in two first five years of employment and then three weeks of vacation Employer documents- the Group Health Policy and the Employee thereafter the employee might be impacted depending on the Handbook. If the group health insurer restricts coverage language of the Employee Handbook. If revising the handbook to employees, their dependents (as defined by the IRS), and this year, the employer may want to state that the increase in REGISTERED domestic partners, then a heterosexual partner vacation will occur on January first following the completion of (under age 62) would not be eligible for that group health five full years or whatever periods initiate an increase in vacation coverage. Even if the insurance carrier will accept coverage for accrual. If it appears that long term employees might be hurt by a heterosexual partner, the Employee Handbook may well limit any change in policy, you might consider paying off the accrued coverage to employees and legal dependents. vacation as of year-end and begin fresh accruals on the first of The employer may not wish to offer health coverage for the year. employees’ heterosexual partners; but if coverage is offered The Employee Handbook should be referenced to determine for these partners, it should be remembered that the benefit if prior employee notification is required for a policy change. premiums must be paid with after-tax dollars. (Prior notification requirements are not the norm in handbooks.)
Our partners want to give THREE “free” days off to be taken ISSUES OF CURRENT INTEREST on December 27, 28, 29, 30. We are on start date/anniversary Did the firm add Elective Roth Contributions to the 401(k) Plan date vs January-December vacation accrual. Some employees effective January 1, 2006? OWE time. Are we allowed to say “3 days off IF you are not Be certain that both your payroll service (such as ADP) and “in the hole” If you are in the hole you must credit the three your Plan Administrator are prepared to segregate employee days against your shortage”? How do we switch from start day ROTH contributions from the pretax 401(k) deferrals and accrual and move into calendar year vacation day accrual? ensure that the 2006 federal maximum contributions levels are First check your Employee Handbook for the “how and when” followed. reimbursement of “loaned” vacation. Many handbooks provide that vacation pay will only be advanced on rare occasions and Does the Firm Reimburse Employee business driving expenses? that any un-earned vacation must be repaid on termination Beginning January 1, 2006, firms may deduct $.445 per of employment. (Whether the vacation pay can be withheld business mile driven, the standard mileage rate approved by the from the final check could present a problem with the Labor Internal Revenue Service Commissioner’s ruling regarding the employers rights as a creditor.) Are you prepared to comply with the IRS’ new qualified If the three additional days off are a bonus and your retirement plan determination letter program going into effect on policy requires reimbursement of “loaned” vacations only on February 1, 2006? termination, all employees should be given the time off. If the A plan sponsor (typically the employer) of either individually three additional days are to be paid out of an employee’s accrued designed or pre-approved qualified retirement plans must submit continued on page 37
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 11 The Year In Review
Liseanne Kelly 619-699-2496 [email protected] 2005 CALIFORNIA EMPLOYMENT LEGISLATION
California’s legislative session ended in early September 2005, Time Extended For Employees Who Are Minors To File a with relatively few changes for California’s employers. The new DFEH Complaint measures signed into law in 2005 will affect private employers in On October 7, 2005, the Governor approved Assembly Bill California, as will some of the more significant laws that became 1669. This bill amends the provision of the California Fair effective in 2005. Employment and Housing Act (FEHA) to set forth the time limit for the filing by an employee who is a minor (a person under New Law Allows Direct Deposit of Final Paycheck the age of 18) of a claim of employment discrimination or On September 8, 2005, Governor Schwarzenegger signed harassment with the Department of Fair Employment and Assembly Bill 1093 which allows employers to directly deposit Housing (“DFEH”). Under existing provisions of the FEHA, the payment of final wages to employees’ bank accounts upon complaint must generally be filed within one year. This bill discharge or termination. This is a change from the previous law extends the deadline for filing by a minor employee to the date no that allowed employers to pay wages through direct deposit if the later than one year after the minor turns 18. employee voluntarily authorizes such deposit, but did not allow Additionally, employers are reminded to ensure that they are the direct deposit of an employee’s final paycheck. complying with the following laws which took effect in 2005.
Compensation Requirement Modified For Computer Mandatory Supervisor Sexual Harassment Training Software Personnel Exemption The California Fair Employment and Housing Act (FEHA) Assembly Bill 1093 also amends California Labor Code requires California employers with 50 or more employees to provide section 515.5 which sets forth the criteria for an at least two hours of interactive sexual harassment training to hourly employee in the computer software field to supervisory employees prior to January 1, 2006. Under the new be exempt from California’s overtime requirements. law, covered employers must also provide such training to Prior to the amendment, Section 515.5 provided that the supervisors every two years. employee’s hourly rate of pay could not be less that the effective hourly rate of pay established by Industrial Welfare Commission. The pay requirement is now satisfied if the ‘ It is important early in the year for employee’s hourly rate of pay is not less than $41 or the annualized full-time salary equivalent of that rate, provided that the other employers to review their policies and requirements for exemption are met and that the employee procedures and to update them as receives not less than $41 per hour worked in each workweek. needed, in light of these new laws. ’ Law Clarified Regarding Employer Use of Social Security Numbers Senate Bill 101 clarifies existing law which requires that an Equal Rights For Registered Domestic Partners employer, by January 1, 2008, include the last four digits of the The California Domestic Partner Rights and Responsibilities employee’s social security number or an employee identification Act took effect January 1, 2005. Under this Act, registered number other than a social security number on an employee’s domestic partners have the same rights, protections and benefits, itemized statement or pay stub. This bill makes it clear that and shall be subject to the same responsibilities, obligations employers may establish new employee identification numbers and duties under the law as are granted to spouses. The Act to implement the requirements of this legislation if they do not also provides that registered domestic partners shall have the wish to utilize an employee’s social security number. Also, the same rights regarding nondiscrimination as spouses. Employers bill explains that an employer may place either the last four should review and update their handbooks, policies and digits of the social security number or an employee identification procedures to include “registered domestic partners” where number on the itemized statement provided to employees. applicable.
continued on page 43
12 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 Recognizes the Passing of an ALA Leader
In recognition of the passing of Martha Llano, ALA President-Elect, the Board of Directors of the GLA ALA Chapter has approved a donation to the Foundation of the Association of Legal Administrators (FALA) in Martha’s name. The Chapter will also be awarding a schoIarship to the Region 6 conference in her name. If you are interested in making a tax deductible donation to FALA, you can obtain information on ALA’s website at http://www.alanet.org/about/ fala.html
ALA President-Elect Martha J. Llano passed away suddenly and unexpectedly on Saturday, January 28th at her home in Valhalla, New York. She was serving as ALA President-Elect and would have assumed the office of President of the international Association at ALA’s Annual Conference in Montréal in May 2006.
Martha was the administrator for the New York City and Newark, New Jersey offices of Littler Mendelson, PC. She joined ALA in 1990, shortly after becoming a legal administrator, and almost immediately became active in ALA at the local and national levels. She served as Region 1 Director on ALA’s Board of Directors from 2001 to 2004. She also served on many committees and in numerous positions in the New York City Chapter, including service as that chapter’s President. She also developed the chapter’s handbook, organized the first Certified Legal Manager (CLMSM) study group and planned the chapter’s first Board Retreat. In her Board terms, she led Region 1 with energy and distinction and humor, including compassionate attention, understanding and leadership in connection with the 2001 Regional Conference, which took place shortly after the tragic events of September 11th and the impact of those events in New York and the rest of the Region. Among other Board positions, she helped lead ALA’s diversity initiative and served as liaison to the Association’s Diversity Task Force.
She received her bachelor’s degree from the College of Mt. St. Vincent Riverdale. Martha also obtained a paralegal certificate from Queens College and acquired her CLMSM certification in 2000. In addition to her home New York City Chapter, she was also affiliated with ALA’s New Jersey and Cyber Chapters.
Martha is survived by her husband, Ken Llano, and by the ALA family that meant so much to her, professionally and personally. Services and interment in Valhalla, New York on Wednesday, February 1, 2006. At the time of her death Martha was serving as a Trustee of the Foundation of the Association of Legal Administrators (FALA), ALA’s educational, charitable and research affiliate. Donations to FALA in Martha’s name may be sent to FALA, 75 Tri-State International, Suite 222, Lincolnshire, IL 60069. The family also suggests donations to Rosary Hill Home (Hawthorne, NY), the American Diabetes Association or the American Cancer Society.
It has been said that “Memories are the cushions of life” and for those who knew Martha — her warmth, her laughter, her talent and her dedication — the memories are of a life and a person that will far survive her passing from this earth.
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 13 Facts About FACTA
Nancy G. Berner, Esq. 415-981-3233 [email protected] Fair and Accurate Credit Transaction Act (or FACTA)
Federal legislation aimed at identity thieves has created new a nanny, tutor or gardener. concerns for employers. All employers, from Wal-Mart to Mom & Pop, Inc. are subject to the Fair and Accurate Credit Transaction What Does the Disposal Rule Require of Employers? Act (or FACTA), imposing strict requirements on the disposal The Disposal Rule requires practices that are “reasonable of employee records. The legislation seeks to cut down on the and appropriate” to prevent theft of employees’ identities. The incidence of “dumpster diving” where enterprising thieves Federal Trade Commission considers burning, shredding or search for sensitive discarded information enabling theft of an pulverizing paper, and destroying or erasing electronic files to be employee’s identity. The results are not yet clear, but the potential both “reasonable” and “appropriate.” It may be simpler and more impact on employers is being felt. cost effective to conduct due diligence on a disposal company, and hire a reputable document destruction contractor, a practice What is the Disposal Rule? that is also acceptable to the FTC. It is likely that such contractors FACTA was developed by the Federal Trade Commission, in will proliferate to fill this need. Already personal shredders have part to amend the Fair Credit Reporting Act. Parts of the law are become so ubiquitous that they are offered by such diverse quite familiar; this is the same law that allows consumers yearly retailers as Williams-Sonoma and Target. free access to their credit reports. Other parts, however, are new and considerably more ominous to employers. On June 1, 2005, Conclusion the “Disposal Rule” section of FACTA, became law. The Disposal Sensitive employee information, for any and all employees, Rule requires any person who maintains employee information must be made inaccessible outside of the organization, whether for a business purpose to properly dispose of the information, or it exists on old fashioned paper, or the latest hard drive. Regardless face civil liability, potential class action lawsuits, and state and of the identity of the employer, the identity of those employed is federal enforcement actions as well as fines if sensitive information now protected under FACTA. g makes its way into the wrong hands. About the Author: Nancy G. Berner is an associate at Carlton Who Must Comply with the FACTA Disposal Rule? DiSante & Freudenberger LLP. Ms. Berner specializes in labor and If you employ someone, then the Disposal Rule applies to employment litigation for management (including all forms of you. Every employer in the United States is required to properly discrimination, harassment, wrongful discharge, and wage and and effectively destroy all documents and materials that contain hour litigation). For additional information regarding FACTA, sensitive employee information. Unlike earlier laws protecting please contact Ms. Berner at (415) 981-3233 or via e-mail at security, such as HIPPA or Sarbanes-Oxley, the Disposal Rule [email protected]. applies to all industries, and even to households employing only
Save the Date Thursday, March 16, 2006 Vendor/Member Cocktail Reception Come mix and mingle! Contact Michelle Liffman at [email protected] or Norma Ayala at [email protected] for more information.
14 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 15 SOS - Succeed Over Stress
Gloria Albert, Director of WellnessWorks It’s never too late to be what you might have been. 310-393-6078 .....George Eliot [email protected] Thrive with a Positive Outlook
We all know someone who always appears happy and content, creativity, reduces pain, and speeds healing. Keep an emergency has more good days than bad, usually has an optimistic view of laughter kit that contains funny videotapes, jokes, cartoons, and life, and can normally handle any challenge. photographs, and the phone number of a friend who makes you And sometimes, those people make us sick. smile. The good news is, all of us can flex our power of optimism and increase our good day count. Almost anything that makes Seek out Friends you feel good about yourself helps you develop and maintain a Good friendships can reinforce positive feelings about yourself, positive outlook. make you feel better when you are “down”, and are vital to good According to the Kaiser Permanente Thrive website, the health. Close social ties can also help you recover more quickly following tips can shape your positive outlook and help you to from illness. Thrive. Lend a Helping Hand Give Yourself Permission to be Happy By helping others, you are able to take an active role in making The good things in life make it easier to deal with the things the world a better place, which can build self-confidence and that aren’t so good. Make a list of 10 or more things that bring remind us that positive change is within reach. you happiness and commit to doing one of them every day for a week. Deriving pleasure from these activities will remind you of Appeal to the Spirit small silver linings. If you believe in a higher power, ask for support in your pursuit of healing and health. Faith, prayer, and spiritual beliefs can Be Good to Yourself play an important role in how you view the world. Your sense Pay attention to what you say to yourself. Negative self-talk of spiritual wellness can help you overcome personal trials and like, “I’ll never lose weight” or “I’m so stupid” is not only untrue, things you cannot change. but can also wreak havoc on attempts to develop a positive outlook. Use the same care when talking about yourself as you Talk About It would to a beloved friend. Give yourself the same understanding If you feel that negative thoughts and emotions are affecting and encouragement you give to others. your health or well-being, discuss your concerns with your physician or mental health professional. g Add an Affirmation For more tips on how to thrive, go to the KP Trive website at: To more actively combat negative self-talk, you may want to http://insidekp.kp.org/insidekp/communicate/thrive. try repeating positive phrases to yourself that remind you of your best qualities. Affirming your better attributes makes it easier to So, remember, slow down, find gratitude in what you have, take draw on these traits to overcome life’s setbacks. time to take care of yourself ...... and BREATHE.
Don’t Cling to Guilt See you in March. Dwelling on guilt can dampen your spirits and lower your self- Gloria Albert, Director of WellnessWorks, has been a health esteem. Learn to recognize your abilities and take responsibility consultant for over 20 years. Her approach to reducing stress and for changing the aspects of your life that are unsatisfying. Also adding wellness to one’s life is practical, hands-on, pro-active remember that there is much that is out of our control, and some and fun. To find out more information, request a brochure or situations will occur no matter what you do. Some things just are. schedule a class please contact Gloria at (phone) 310.393.6078, Do the best you can. (E-mail) [email protected], or visit our website at http://www.WellnessWorksUSA.com. Please feel free to pass this Use Humor information along to co-workers, friends, family. To be deleted Humor can make life richer and healthier. Laughter increases from this SOS tip, just ask
16 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 one call can put 100 attoRneYS anD 100 paRaleGalS to woRk In loS anGeleS, waSHInGton Dc, new YoRk, anD bISmaRck.
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 17 I Have Three Words For You:
Michael Kun, Esq. 213-630-8226 [email protected] Document, Document, Document
The old realtor’s maxim is that the three most important words or jury be able to look at it, but neither will you. in real estate are “location,” “location,” “location.” There should be a similar maxim for managers and human 3. “It Wasn’t Important Enough To Document.” resources professionals. And it shouldn’t be too hard for you to If it was important enough to meet with an employee about, guess what the three most important words should be since they it’s important enough to document. I’m not suggesting that also appear in the title of this article: “document,” “document,” you document each and every conversation you have with “document.” employees. You’d go through ten pens a day if you did that. But How important is documentation? So important that one could here are a few good rules of thumb: If it involves performance argue that “document” is also the fourth and fifth most important issues, document it. If it involves discipline or termination, words. You have to admit — that’s pretty darn important. document it. If it is something that could lead to discipline Documenting creates a record of events. Giving an employee or termination if it’s not corrected, document it. If it involves a document setting forth his or her successes can be great for allegations or improper conduct, document it. If someone is morale. Giving an employee a document setting forth areas upset, document it. If someone is complaining, document it. he or she needs to address can be a motivator. Maintaining And, my favorite: if you felt you had to close the door for the documents can avoid disputes about what did – or didn’t – occur. discussion, you’d better believe it’s something you should be Documentation can help avoid or defend litigation. documenting. As important as documentation is, it is something many managers and human resources personnel fail to do consistently. 4. “I Don’t Want To Hurt Someone’s Feelings By Putting There are several reasons why we do not document events, even Something In Writing.” when we know that we should. Not a single reason is valid. Boy, are you in the wrong field! A good manager or human resources professional finds ways to address issues with The Most Common Excuses Are: employees in a manner that minimizes emotions and emphasizes 1. “I Don’t Need To Document This Event Because I Will business needs and expectations. Don’t fail to document an Remember What Happened.” employee’s shortcomings because you think he’ll get upset. Don’t bet on it. Oh, sure, you might remember something Explain to him that you have to document the problems and that for a few days, but will you remember it in a few years? What if you hope he’ll correct the problem. there’s a lawsuit and you have to testify about an event three or four years after the fact? Will you really remember, or will you be 5. “I Don’t Want A Record Of What Was Said.” speculating about what probably occurred? Wouldn’t you rather Unless you’re working for the mafia, this isn’t a valid excuse. be able to look at a document to refresh your memory? Wouldn’t People can and will talk about what was said during a meeting. you rather be able to say, “That’s right, I spoke with Jenny on April Wouldn’t you rather have an accurate reflection of what was 18 about the need to have the schedules posted each Wednesday” said than no record at all, which allows for the possibility that instead of “I think I spoke with Jenny sometime in the spring someone might dispute or exaggerate what was said? If it’s about schedules, but I don’t remember what we said”? Of course something you don’t want a record of, you probably shouldn’t be you would. discussing it in the first place.
2. “I’ll Get To It Later.” THE TEST No, you won’t. If you put off documenting a little while, you’re Now, without any further ado, here is the easiest test you will likely to put it off a long while – and perhaps never get to it. And ever take. if you don’t do it right away, just how accurate is it going to be? Questions From a legal standpoint, if you did not create a document at the 1. What should you do if an employee complains about same time as an event occurred, or shortly afterward, it can be improper sexual conduct? excluded from evidence. That means that not only won’t a judge ____ Document it ____ Don’t document it continued on page 43
18 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 19 Labor Law Changes In 2005
Andrew B. Kaplan, Esq. 310-282-9439 [email protected] Courts Fuel Labor Law Changes In 2005
2005 wasn’t a big year for labor and employment legislation. Court held that pre-dispute jury waivers are unenforceable. Perhaps because Governor Schwarzenegger was faced by The Court noted that California has a comprehensive statutory an overwhelmingly Democratic state legislature, or because scheme authorizing pre-dispute arbitration agreements (CCP Congress was concerned with issues such as the war in Iraq, the §1280, et. seq.), which expresses a strong public policy favoring spiraling budget deficit, and hurricane relief, few meaningful arbitration. Not only is there no similar state policy favoring labor statutes made their way into the law books. But this doesn’t court, as opposed to jury, trials, but CCP §631 expressly prescribes mean that things were quite in the employment law arena. Far the ways in which the right to a jury trial may be waived, and a pre- from it, federal and state courts rendered a number of important dispute agreement does not come within the statute. labor decisions. A discussion of just a few of these cases follows. The California Fair Employment and Housing Act requires In a major development, in Smith v. City of Jackson, the U.S. an employer to take all reasonable steps needed to prevent Supreme Court ruled that the federal Age Discrimination in workplace discrimination and harassment. In Gober v. Ralphs Employment Act prohibits conduct that is age neutral on its face, Grocery Company, the California Court of Appeals held that an but disparately affects older employees. The defendant City had employer who transfers a harassing supervisor from one location implemented an across the to another faces the possibility board pay raise for its police ‘ Federal and State Courts Rendered a of punitive damages if the officers, thus giving officers conduct is repeated. According with less than five years of Number of Important Labor Decisions. ’ to the Court, evidence of a service proportionately larger supervisor’s prior, similar raises then officers with greater seniority. The more senior misconduct and how the employer responded to it is admissible officers were disproportionately over 40 years old. This group in determining the amount of punitive damages an employer of older officers sued the City claiming that they were adversely must pay. impacted by the pay increase because of their age. While holding Throughout 2005, a dispute raged as to whether the additional that the ADEA, like Title VII, prohibits an employer’s facially hour of compensation received pursuant to Labor Code §226.7 neutral conduct that disparately impacts older employees, the by an employee who is not given a fully relieved one-half hour Supreme Court ultimately rejected the officers claim because they meal period is additional wages or a penalty. If this amount is failed to identify and specific test, requirement, or practice within wages, the claim has a four year statute of limitations and a the pay plan that had an adverse impact on them. Nevertheless, successful employee can recover attorneys fees. If the amount is the Court’s decision provides a new basis, disparate impact, for a penalty, the claim is subject to a one year statute of limitations older employees to attack employer personnel actions. It should and carries no possibility of attorneys fees. In December, the be noted that California courts have applied a disparate impact First District Court of Appeals issued the first appellate opinion analysis to age discrimination cases for several years. addressing this question. In Murphy v. Kenneth Cole, the Court Turning to the area of workplace harassment, in Christopher v. held that the additional hour of compensation is a penalty. National Education Association the Ninth Circuit Court of Appeals However, this decision has already been appealed. The Supreme held that harassing conduct doesn’t have to be sexual in nature Court has 60 days to decide if it will grant hearing, and may extend in order to support a claim of sexual harassment. According to this period. If hearing is granted, the appellate opinion will be the Court, offensive supervisory conduct such as shouting, using depublished and may not be relied upon as precedent. But in foul language, invading employees’ personal space, and making a footnote in the November decision of Caliber Bodyworks v. threatening gestures may violate Title VII of the 1964 Civil Rights Superior Court, the Second District Court of Appeals also opined Act if the conduct is more often directed at women than at men. that the additional hour of compensation is a penalty. g Five years ago, in Armendariz v. Foundation Health, the California Supreme Court upheld the enforceability of binding, About the Author: Mr. Kaplan is a senior partner in the Labor pre-dispute arbitration agreements between employers and and Employment Law Department of Silver & Freedman, a Century employees. But in Grafton Partners L.P. v. Superior Court, the City lawfirm
20 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 4AKE ADVANTAGE OF A SELF DEFENDING NETWORK TO PREVENT OUTBREAKS
)N TODAYS ENVIRONMENT WHERE )NTERNET WORMS SPREAD ACROSS THE WORLD IN A MATTER OF MINUTES OR SECONDS SECURITY SYSTEMSAND THE NETWORK ITSELFMUST REACT INSTANTLY
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 21 ThankThank YouYou LaborLabor LawLaw ConferenceConference ParticipentsParticipents -- VendorsVendors andand GuestsGuests
Guest Speakers - Andrew B. Kaplan, Esq. & Beth A. Schroeder, Esq., gave a terrific program
22 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 ThankThank YouYou LaborLabor LawLaw ConferenceConference ParticipentsParticipents -- VendorsVendors andand GuestsGuests
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 23 Board of Directors
President Vice President Brian Robbins, CLM President-Elect Michael Steiner, CLM Hunt, Ortmann, Blasco, Wendy Sweet, CLM Frandzel Robins Bloom Palffy & Rossell, Inc. Jackson Lewis LLP & Csato, L.C. 626-440-5200 213-630-8232 323-658-9758 [email protected] [email protected] [email protected]
Secretary Kelly Shultz Treasurer Past-President Parker, Milliken, Clark, Janet Shaw, CLM Luci Hamilton O’Hara & Samuelian Wickwire Gavin LLP 310-629-0206 213-683-6532 213-688-9500 [email protected] [email protected] [email protected]
Membership Co-Chair Membership Co-Chair Maureen Varnes, CLM Managing Editor Rosela Marin Rodi, Pollock, Pettker, Steven Jones Kamine Ungerer LLP Galbraith & Cahill ALC Lister Martin & Thompson 213-972-0119 213-895-4900 818-551-6444 [email protected] [email protected] [email protected]
Technology Section Co-Chair Webmaster Job Referral Services Robert F. Santos Debbie Mogren Ilona Reddick Manning & Marder, Kass, Ervin, Cohen & Jessup LLP Silver & Freedman, PLC Ellrod, Ramirez LLP 310-281-6358, ext 261 310-556-2356 213-624-6900 [email protected] [email protected] [email protected]
Seminars Co-Chair Seminars Co-Chair Seminars Co-Chair Teresa Cherman Janet I. Krause, CLM Tanya M. Russell Luce, Forward, Hamilton & Weinstock, Manion, Reisman, Tyre Kamins Katz Granof Scripps LLP Shore & Neumann, ALC & Menes 213-892-4967 310-553-8844 310-553-6822 [email protected] [email protected] [email protected]
Programs Co-Chair Programs Co-Chair Mary Holland Hospitality Viviane A. Abraham Jeffer, Mangels, Butler & Angela Ungurean Eisner & Frank Marmaro LLP Hennelly & Grossfeld, LLP 310-855-3201 310-785-5354 310-305-2100 [email protected] [email protected] [email protected]
CLM Program Co-Chair CLM Program Co-Chair Multi-Office Section Chair Martha Bernard Chapter Historian Susan Seales Allen Matkins Leck Gamble W. James Van Dusen, CLM Davis Wright Tremaine LLP & Mallory LLP Gursey, Schneider & Co. LLP 213-633-6800 213-955-5554 310-552-0960 [email protected] [email protected] [email protected]
24 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 Finance Networking Group Chair Vendor Liaison Co-Chair Vendor Liaison Co-Chair G. Wayne Mitchell Norma Ayala Michelle Liffman, PHR Weston Benshoof Rochefort Gipson Hoffman & Pancione O’Melveny & Meyers Rubalcava & MacCuish LLP 310-557-8855 213-430-8353 213-576-1159 [email protected] [email protected] [email protected]
Human Resources Human Resources Section Co-Chair Section Co-Chair Kelly C. McGehee Small Firm Section Chair Kim Robinson Reish Luftman Reicher Mary McDonnell Morrison & Foerster LLP & Cohen Clark & Trevithcik 213-892-5661 310-500-4254 213-629-5700 [email protected] [email protected] [email protected]
Corporate/Government Corporate/Government Section Co-Chair Section Co-Chair Ventura County Iris Stein Bella D. Serrano Section Chair City Attorney’s Office Department of Justice June I. Hilton 310-458-8309 213-620-6431 805-658-1093 [email protected] [email protected] [email protected]
San Fernando Valley Section Carolin Eiliya Spile & Siegal, LLP 818-784-6899 [email protected]
GLA ALA MISSION STATEMENT The Association of Legal Administrators’ mission is to improve the quality of management in legal services organizations; promote and enhance the competence and professionalism of legal administrators and all members of the management team; and represent professional legal management and managers to the legal community and to the community at large.
Region 6 Director Region 6 Erica Tamblyn Projects Officer Milbank, Tweed, Hadley Joyce Patrick-Bai & McCloy Schmeiser, Olsen & Watts LLP 213-892-4435 480-655-0073 Region 6 [email protected] [email protected]
Officers Region 6 Region 6 Communications Officer Education Officer Mark Verbecken Deborah Piker Sanders Jeffer, Mangels, Butler Rehon & Roberts, APC & Marmaro LLP 408-494-0900 310-201-3565 [email protected] E-mail: [email protected]
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 25 My Journey To Rio
Luci Hamilton 310-629-0206 [email protected] A SPEAKING ENGAGEMENT IN RIO DE JANEIRO, BRAZIL - APRIL 26, 2005
As I am searching and organizing this year’s ALA publications, in a revival of Tennessee Williams’ The Glass Menagerie, and I just had a chance to re-read the June/July 2005 issue of ALA then I attended “The Interpreter — A Conversation With Sydney News and saw a few of the pictures from our National conference, Pollack,” an event that is part of the Tribeca Talks Series, held and I wanted to share with all of you my journey to Rio. at the Tribeca Film Festival. On Friday, April 22, I was again Shortly after I received the Platinum President’s Award from air-bound for Rio from JFK and on my way to deliver my speech Bill Migneron at the 2005 Conference in San Francisco, I ran to entitled, “Law Practice Management in the United States: L.A. a taxicab in order to get to the airport to board my flight back to and California Law from the Legal Administrator’s Perspective” Los Angeles. I got home around 10:00 p.m. on Monday night, at Universidade Estácio de Sá - Rio de Janeiro, Brazil, May 2005, dropped my San Francisco bags and picked up two other pieces which I now proudly display on my current résumé. of luggage — one for New York City and the other for Rio de I had an amazing time! Before I left our National Conference Janeiro. in San Francisco, I was very fortunate to have had a chance to On Wednesday morning, at 9:00 a.m., I was on an airplane spend 30 minutes with Blane Prescott from Hildebrant after his bound for New York City, and then on my way to Brazil. Since I delivery of his speech, “The Best of Times/The Worst of Times: am getting too old to fly 16 hours non-stop from LAX to Rio de Ten Changes in the Profession that will Challenge Your Law Janeiro International, a few years ago I decided that I should Firm.” Blane was very generous with his time, and he gave “break-up” my journey to Rio by stopping in New York City in me substantive information which I promptly added to my order to visit my ALA and college friends. presentation during my 10-hour flight to Rio from NYC. I spent a couple of days in NYC visiting the museums, watched On Tuesday, April 26, at 8:00 a.m., I arrived at the Tom Jobim two-time Academy Award winner Jessica Lange as Amanda Conference Center and was escorted to the Professor’s Lounge. Wingfield and Christian Slater as Tom Wingfield on Broadway (See photo #1.)
26 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 is our version of the American Bar Association. Professor Segal lectures at ESA — Escola Superior de Advocacia, which is a very prestigious type of MCLE school for Brazilian lawyers. I believe this is the institution with which ALA National needs to “link” in order to have an alliance in Brazil in educating their members on how to utilize professionals in the administration of their business of law. In Brazil, a law firm is administered by a lawyer who takes time off from his or her practice to manage the firm. A total waste of billable hours and legal talent, according to Blane Prescott, is how he views this kind of administration, and he says things are changing Professor’s Lounge – Photo#1 where he has seen a number of more sophisticated lawyers in Argentina, Ecuador and Brazil taking the time to hear what we as I don’t have to tell you how excited I was by just being there, firm administrators have to say about managing the business of right? I was returning to the classroom in my native country and I, law. The OAB has the ABA link on their website as a partner in Luci Hamilton, was going to speak about my passion, Law Practice foreign affairs. We might be able to get our ALA National link on Management! How sweet it is! I was in 7th Heaven and a bit nervous their website once we establish a healthy relationship with their at first, but once I got it rolling, I believe the crowd was pleased with organization. what I had to say. (See photo #2.) At the Tom Jobim Conference Center, I was told that my speech was part of a series of a lineup of special guests and foreign dignitaries who would speak on the evolving topic of law and workers’ rights, as well as the management of the profession in other countries. I was absolutely blown away by the warm reception I received from the Dean of the University, who I thought was very charming to stop by and greet me, but never in a million years had I expected him to stay for my entire speech! I unfortunately do not have any photos of this moment, but I will treasure the memory forever. To my surprise, the Dean asked whether I had enough time to give another speech, this time on two other campuses across the greater Rio de Janeiro area. Obviously, I said yes, and ended up giving 3 speeches instead of one! Students assisting lecture – Photo#2 My speeches lasted about 1-1/2 hours each, and I am so very grateful to Rosemary Shiels for sending me an updated document After my speech, I had the opportunity to speak with a few of about ALA which I used as part of my handouts, as well as her the students and professors, and I realized that I was following pointing me in the right direction for finding great information on heavyweights such as our Justice of Labor & Employment Law who, the PowerPoint slides on our national website. To Valerie Fontaine, on March 29, 2005, had launched a book written in Portuguese my Diva from Seltzer Fontaine Beckwith, I say thank you for the concerning the future of Law and Labor & Employment Laws mountain of research in PDF files which she sent my way on in Brazil, and entitled “1.000 Perguntas - Direito e Processo do economic trends, revenues, profits and everything that a Managing Trabalho.” (See photo #3.) Partner and a Professional Law Firm Administrator should know about the business of law in the United States. My thanks to Joseph Pannone, one of my clients, and a partner at Kane Ballmer & Berkman for his thoughts and for being committed to quality and ethical service; many thanks to Mike Palmer, Bill Migneron, John Moohr, Erica Tamblyn, Madeline Parisi and Pam Stong for your words of encouragement and good wishes. Thank you all! You made my job so much easier. I can’t wait to return to Brazil!! I have an open invitation from the University to “drop by” anytime and bring my fellow American administrators with me! So… start thinking about packing your bags and making the journey to Rio. I will be more than happy to show you around! Justice Marcelo Segal launching his book - Photo #3 Warmly always, g Justice Marcelo Segal is also a professor of the University, and a member of the OAB — Organização de Advogados do Brasil. This
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 27 Member Information
Where Are You Now? Retired? Has your contact Retiring Soon? information Contact Maureen Varnes, Rosela changed? Marin or Robin D. Thomas-Miles …there are some continuing ALA benefits of which you may not be Call or e-mail aware. Maureen Varnes 213-895-4900 [email protected]
Rosela Marin In Between Jobs? 213-972-0119 You may want to join in on the [email protected] networking group Carol Leemon has put together to assist out of work members. and remember to notify National at Feel free to contact Carol at www.alanet.org [email protected] or 213-617-5248
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 29 Rendez-vousEducation´ Extraordinaire May 1–4, 2006 Join ALA for the only international Conference dedicated to legal management professionals. The 35th Annual Montréal, Educational Conference and Exposition will continue the Québec, Canada ALA tradition of meaningful, useful and insightful Conferences packed with opportunities for your professional development and personal growth. The Conference will help you continue to manage with maximum effectiveness by providing: Nouveau! New Sessions on courant topics. New Speakers sharing their expertise and experience. New Events where you can enjoy and learn from your colleagues. New Exposition to showcase up-to-the-minute products, technology and services. Experience this Education´ Extraordinaire in Montréal, one of the most vibrant and beautiful cities in North America. Easy to get to, easy to get around in, you’ll enjoy the special events that ALA is already planning. Take this opportunity to rendez-vous with your colleagues and to invest in your professional and personal effectiveness. Questions? Call ALA at (847) 267-1252, or visit www.alanet.org/conference for details. The accent’s on éducation!
30 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 31 Domestic Partner Rights & Responsibilities
On January 1, 2005, the California Domestic Partner Rights providing discounts, special services, or other privileges to and Responsibilities Act of 2003, Family Code § 297.5, et seq. married couples must now extend those rights and benefits to (“DPRRA”) took effect and, for many employers, sneaked under registered domestic partners. the radar. DPRRA states that, [r]egistered domestic partners shall have the same rights, protections, and benefits, and shall What The Case Was About: be subject to the same responsibilities, obligations, and duties Koebke and her partner, Kendall French, registered as under [California state] law, whether they derive from statutes, domestic partners in 2000. In 1987, Koebke paid $18,000 for a administrative regulations, court rules, government policies, membership at the Bernardo Heights Country Club (“BHCC”). common law, or any other provisions or sources of law, as are BHCC members can play golf with their spouses and children on granted to and imposed upon spouses. DPRRA appears to an unlimited basis without paying additional fees. Spouses of allow domestic partners access to many rights, protections, and BHCC members can also inherit membership without a transfer benefits previously only granted to spouses. However, DPRRA’s fee upon the member’s death. Friends of unmarried members impact on California employers is not yet fully known. pay guest fees and their golf time is restricted. DPRRA covers only domestic partners who file a notarized Koebke asked BHCC to designate French her “significant Declaration of Domestic Partnership with the California Secretary other” and extend to her the same privileges available to of State and meet all of the following requirements: members’ spouses. BHCC refused and suggested French apply 1. Both persons must share a common residence; for her own membership. BHCC argued that extending 2. Both persons must be at least 18 years old; membership benefits to registered domestic partners or 3. The two persons may not be related by blood in a way unmarried couples might lead to overuse of the facilities and that would prevent them from being married to each other in discourage friends from purchasing memberships. BHCC also California; argued that its marriage policy helped create a “family-friendly 4. Neither person may be currently married to someone else environment.” Koebke pointed out, however, that BHCC or be a member of another domestic partnership; exempted the live-in girlfriends and boyfriends and grandchildren 5. Both persons must be capable of consenting to the domestic of heterosexual members from paying extra fees, but had denied partnership; and these benefits to same-sex couples. 6. One of the following: (a) Both persons are members of the Koebke filed a lawsuit against BHCC alleging, among other same sex; or (b) Both persons are members of the opposite sex claims, discrimination on the basis of sex, sexual orientation, and one or both of them is over the age of 62. and marital status in violation of the Unruh Act. The trial court California law does not recognize domestic partnership granted BHCC’s summary judgment motion without addressing registrations from out of state. Koebke’s discrimination claims under the Unruh Act. The Court of Appeal also found that Koebke failed to establish an Unruh California Supreme Court Elevates Legal Status Of Domestic Act violation on the basis of marital status, gender, or sexual Partnerships orientation discrimination. However, it did conclude that there On August 1, 2005, the California Supreme Court issued a was a triable issue as to whether BHCC discriminatorily enforced decision in Koebkev.Bernardo Heights Country Club , in which, its spousal benefit policy. for the first time, it gave some shape to the DPRRA. In Koebke, the Court held that the Unruh Civil Rights Act What The Court Decided: protects against discrimination based on marital status, or at In Koebke, the California Supreme Court applied the least that registered domestic partners are entitled to the same three-part test from its 1991 decision, Harris v.Capital Growth protections under that Act as married spouses. Thus, businesses Investors XIV, and held that registered domestic partners “are the
32 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 equivalent of spouses for purposes of the Unruh Act and a business Health Benefits that extends benefits to spouses it denies to registered domestic Neither Koebke nor the DPPRA explicitly requires California partners engages in impermissible marital status discrimination.” employers to extend the same health coverage and/or benefits to The Court stated that marital status is a characteristic protected registered domestic partners as they extend to spouses. Currently, under the Unruh Act, as it involves a characteristic similar to there are no published court cases to provide guidance on the the enumerated protected categories (race, gender, age, etc.) and application of DPPRA to employers’ provision of health benefits involves choices “fundamental to a person’s identity, beliefs and coverage. self-definition.” The Court also stated that creating a family-friendly However, Koebke specifically distinguished an earlier case environment might be a legitimate business interest, but “that Beaty, which involved a same-sex unmarried couple’s attempt to policy is not served when a business discriminates against the procure insurance coverage from an insurance company that only domestic partner of one of its members” or excludes “families formed made such coverage available to married spouses. In Beaty, the through domestic partnerships.” Finally, the Court stated that denial of coverage had been in part based upon legitimate business extending protections to registered domestic partners effectuates reasons. According to Koebke, these business reasons are no longer the Legislature’s intent to establish equality between registered valid since the DPPRA’s passage. After Koebke, it is likely that a domestic partners and spouses. court would find that employers must provide the same insurance In its opinion, the Court stated that marital status coverage to registered domestic partners as to spouses, since many discrimination occurring before the DPRRA January 1, 2005 effective of the business reasons cited in Beaty no longer apply as a result of date was acceptable since “[BHCC’s] policy was supported by the DPRRA’s passage. legitimate business interests.” However, that changed when the Additionally, an earlier statute, AB 2208, also known as the Legislature decided to “equalize” the status of registered partners California Insurance Equality Act, requires California insurance and spouses. Although the state continues to have a public policy carriers and health care service plans (i.e., HMOs) to provide the favoring marriage, the practical reasons for favoring marriage are same coverage to registered domestic partners as provided to now embodied in the DPRRA. “In creating domestic partners, the “spouses.” However, AB 2208 does not directly require employers to Legislature has also created a policy favoring such partnerships offer such coverage to employees. similar to the policy favoring marriage.” In the decision, the Court DPPRA’s intent appears to be to provide domestic partners the specifically distinguished an earlier case, Beatv.Truck Ins. Exch., same rights, protections, and “benefits” as spouses receive. Until the which had concluded that the public policy favoring marriage legislature or a court clarifies employers’ obligations under DPPRA precluded marital status discrimination under the DPRRA. Beaty and AB 2208, the conservative approach is for employers to provide stated that “[i]t is for the Legislature, not the courts, to determine coverage to registered domestic partners similar to that provided to whether non-marital relationships… deserve the statutory spouses. Failing to do so could subject employers to discrimination protection afforded the sanctity of the marriage union.” However, claims under the Fair Employment and Housing Act (“FEHA”). in the DPPRA, the Legislature effectively determined this issue. Discrimination Based on Marital Status and/or Sexual What The Case Means For Employers: Orientation Koebke makes clear that businesses must extend the same Under the FEHA, employers may not discriminate on the basis rights and privileges to registered domestic partners as to married of marital status or sexual orientation. DPPRA provides that spouses. After Koebke, it is likely that courts will apply the DPRRA in domestic partners have the same nondiscrimination rights as the employment context. Further cases will likely clarify the extent spouses. Therefore, employers likely must treat domestic partners to which this is true. Several employment issues which may arise, consistently with how they treat spouses. For example, employers include the following: that extend health or other benefits to spouses but not to registered domestic partners could be liable for discrimination based on Leaves of Absence Under California and Federal Law marital status or sexual orientation. Further, if employers require DPPRA may now require employers to allow eligible employees employees to provide proof of registered domestic partnerships to to take time off to care for a registered domestic partner under the obtain certain benefits, employers should also require employees to California Family Rights Act (“CFRA”). The federal Family Medical provide proof of marriages to obtain those same benefits. Leave Act (“FMLA”), however, does not cover domestic partners of any kind. Therefore, employers can limit their risk for a potential What Should An Employer Do? FMLA/CFRA claim by providing, under appropriate circumstances, While DPPRA’s reach is not yet entirely clear, employers can a registered domestic partner with 12 weeks of protected leave under limit potential liability by treating all employees consistently. the CFRA to care for the employee’s ill registered domestic partner. Employers may also consider updating employment handbooks Employers should be aware, however, that the same employee may and/or policies and procedures to indicate that the employers will be eligible for an additional 12 weeks of protected leave under the provide registered domestic partners with all rights and benefits as FMLA for the employee’s own illness or to care for an ill child or required by law. Finally, employers should clearly communicate other covered family member. to all employees that discrimination and harassment based on continued on page 43
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 33 Technology Tip
Dodie Edelstein Legal Information Systems Training • 707-776-4695 [email protected] • www.aboutlist.com
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 35 Workplace Romance
Michael Lotito, Esq. 415-536-6326 [email protected] Workplace Romance May Create Hostile Work Environment for Other Employees
California’s Supreme Court has unanimously decided that Absence of Coercive Behavior No Bar to Suit favoritism shown an employee in a romantic relationship with a The California Supreme Court rejected the reasoning of the supervisor may, if sufficiently widespread, create an actionable lower courts, stating that “[i]n focusing upon the question whether hostile work environment resulting in unlawful harassment of the sexual favoritism was coercive, the Court of Appeal overlooked other employees. The court found the basis for potential sexual the principle that even in the absence of coercive behavior, harassment liability even when no offensive conduct is directed certain conduct creates a work atmosphere so demeaning at the other employees. to women that it constitutes an actionable hostile work Reversing the judgment of the Court of Appeal, the Supreme environment.” The high court concluded that “although an Court concluded that the evidence created at least a triable isolated instance of favoritism on the part of a supervisor toward issue of fact on the question whether a prison warden’s conduct a female employee with whom the supervisor is conducting a constituted sexual favoritism widespread enough to constitute a consensual sexual affair ordinarily would not constitute sexual hostile work environment. harassment, when such sexual favoritism in a workplace is The decision marks a significant expansion of sexual sufficiently widespread it may create an actionable hostile work harassment law in California since prior cases restricted environment in which the demeaning message is conveyed actionable harassment claims to employees who were either to female employees that they are viewed by management as directly involved in sexual liaisons at the worksite or recipients ‘sexual playthings’ or that the way required for women to get of unwanted sexual advances on the job [Miller v. Department of ahead in the workplace is by engaging in sexual conduct with Corrections et aI., Cal. Sup. Ct. No. S114097 (July 18, 2005)]. their supervisors or the management.”
A Hostile Work Environment A Groundbreaking Decision The plaintiffs were former employees at the Valley State Prison The Miller decision significantly expands the law on sexual for Women in Chowchilla. They complained that the former harassment in California. Prior cases restricted actionable warden showed favoritism toward three other female prison harassment claims to situations where employees were either employees with whom he was having simultaneous sexual affairs. directly involved in sexual liaisons at the worksite or recipients of Neither of the plaintiffs was sexually involved with the warden. unwanted sexual advances on the job. After they complained, the plaintiffs were subjected to A spokesman for the California Attorney General’s office repeated retaliation by both the warden and his paramours. The called Miller a warning that “tells employers that having an anti alleged unlawful conduct included unfair denial of promotion, nepotism policy is not enough.” They “need to do more to make repeated berating in front of other employees, subversion of sure ... [they] have a hostility-free work environment even when authority, reduction of responsibilities, loss of preferred parking workers are having consensual sexual relationships.” privileges, loss of supplemental “inmate pay,” demotion, humiliation and mistreatment. All the plaintiffs’ complaints to What Employers Need to Do the warden and other prison executives either went unanswered Miller is a significant decision that expands the grounds for or resulted in additional retaliatory acts. employee harassment actions against employers. The decision, Citing increasing stress and intolerable conditions of at a minimum, requires employers to reexamine anti-nepotism employment, the plaintiffs resigned and subsequently filed suit and anti-harassment policies and to assess the effectiveness of against the Department of Corrections, asserting that the warden’s any workforce training on sexual harassment prevention that has conduct constituted sexual harassment under the California Fair already been done or is being planned. (In its 2004 annual “on the Employment and Housing Act. The trial court granted summary job” survey, Jackson Lewis found that 20% of the respondents had judgment against the plaintiffs, and the Court of Appeal affirmed a co-worker dating policy in place). that decision. Both courts reasoned that the plaintiffs “were not Mandated anti-harassment supervisory training under themselves subjected to sexual advances and were not treated California AB 1825, should include the lessons of the Miller any differently than male employees.” decision. This decision increases the risk of liability for
36 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 California employers, and for those that have not yet trained their Human Resource Challenges workforces in compliance with AB 1825, including this new ground continued from page 10 for actionable claims, the stakes have gone even higher. g applications for favorable determination letters every five years This article is for informational purposes only. It is not for the (based on the last digit of the plan identification number.) purpose of providing legal advice and does not create an attorney/client To have your question addressed in the column, please e-mail privilege. Readers should consult legal counsel of their own choosing [email protected] or call 310-480-3774. Check the Silver to discuss how these matters relate to their individual circumstances. & Freedman website at www.Silver-Freedman.com for additional Reproduction in whole or in part is prohibited without the express information of interest to law firm managers. g written consent of Jackson Lewis LLP. © 2006 Jackson Lewis, LLP For more information on sexual harassment prevention training The author is not engaged in rendering legal, financial or tax and related issues, contact Michael Lotito, Jackson Lewis partner and counseling through this publication. No statement in this article head of the firm’s management training practice, at 415-536-6326, or should be interpreted as legal, financial or tax advice. the Jackson Lewis attorney with whom you regularly deal. The Los Angeles office of Jackson Lewis can be reached at 213-689-0404.
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 37 Office Leasing
Scot McBeath 213-949-4824 [email protected] Isn’t It Easy Just To Renew My Lease?
In talking with clients and prospective clients, I get the to stay or face all sorts of inconveniences and costs in impression that some of them think that it is easy just to renew getting alternative space without adequate time. their lease (Renew means to extend the lease term). They see renewing as something they can do themselves or that will not take Whether you want to renew or perhaps relocate – the process a Broker much time. The answer is maybe, but it may very well not is essentially the same: be easy and it may potentially be a disaster! • Determine the various factors of your requirement, including: headcount and if it will change; quality of On the face of it, to renew your lease, all you need to do is building; access to transportation; and budget amend the existing lease to push out the lease term and you will • Compete the requirement between various buildings. likely negotiate a new rental rate. You can attempt to do all that this article has covered yourself However, a few complications that you may encounter are: — but no matter how smart and hard working you are — I believe that it is going to be easier, better and cheaper with a friendly and • How do you decide how long to extend for? experienced Broker helping you. g o If rents are rising, going longer to “lock in” rental rates may make sense For more Information or Help: o if rental rates are going down, you may want to do the When it’s time to renew or relocate, do you want free help opposite doing the above and all the other tasks that need to be done? • How do you determine what is an appropriate rental rate? Do you want more information? o Rental rates go up and down for a lot of reasons besides Do you want to receive a monthly e-mail Newsletter regarding inflation, such as businesses entering or leaving a the latest that is going on in the Downtown Los Angeles Office geographic area and/or the supply of buildings Market? changing If so, e-mail me at [email protected] or call me at o You need to find out what other comparable buildings (213) 949-4824. are charging, taking in to account that different buildings provide varying degrees of free rent, annual escalations About the Author: Scot McBeath is a Commercial Real Estate and Tenant Improvement Allowances Broker and runs his own business — Scot McBeath Realty. He • If you approach your Landlord and tell them that you want specializes in representing office tenants in Downtown Los Angeles to stay and will avoid using a Broker if they give you a good and surrounding areas. He has 23 years of negotiation and project deal, they may: management experience, plus a BS and an MBA. o Assume that you are not serious about moving and therefore not give you the best deal o Stretch the process out, so that by the time you have their terms it is too late to economically find alternative space o Not cut your rent by the amount of the Broker’s commission (as you may assume), since they may very well want to get the highest possible rent that they can, in order to maintain the highest resale value of the building • What happens if you get close to your lease expiration and cannot come to agreement with your existing Landlord? o You may have the disaster of having to pay too much
38 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 If he’d found her through Matura Farrington, she’d have shown up.
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 39 Imagine The Following Scenario
Michael Kun, Esq. 213-630-8226 [email protected] Does Your Job Application Put Your Company At Risk?
One day, you are sitting at your desk when you receive a call Do not include questions pertaining to age. from a lawyer. The lawyer says that he is representing an individual Not only should you avoid asking applicants for their whom your company refused to hire. He says the individual is birthdates, but you should also avoid asking about high school going to file a claim for age discrimination -- unless you are willing graduation dates or other dates that would allow a keen observer to pay his client $100,000. to determine how old an applicant is. Just see the scenario Calmly, you tell the lawyer that you will look into his client’s above to get an idea of how such questions can lead to age claims and call him back. But when you investigate the matter, discrimination claims. you find that he never worked for your company. No one has ever heard of him. No one can even find a record of him ever applying Do not ask about the applicant’s race, sex, religion, national for a job. origin or any other protected category. When you call his lawyer back to see if there has been a mistake, Such requests can lead to discrimination claims. You do not he says, “Oh, there’s no mistake at all. My client was told he had to need this information to decide if someone is qualified for a job, fill out the entire job application to be considered for a position. so do not ask for it. Even the question that asks him about his age.” “There’s no question asking about an applicant’s age on our job Do not ask about organizations to which applicants belong. application,” you say with confidence, having seen the application The information applicants provide about organizations to dozens of times. which they belong could create problems, particularly if that “The application specifically asks applicants to identify the individual is not hired. If, for instance, an individual identifies year they graduated from high school.” a religious organization or a race-based organization, you could “So?” face a religious or race discrimination claim if you do not hire “Well, if you assume that most people graduate from high that applicant – and have to try to convince a jury that your school when they’re 17 or 18, it’s pretty darn easy to figure out how decision not to hire the applicant had nothing to do with those old someone is if you know when he graduated.” organizations. “But that’s not why we ask for that information,” you say. “You can tell that to a jury,” the lawyer says, “or you can settle Make sure questions about criminal histories comply with this case with us.” the law. Sound far-fetched? Hardly. Generally speaking, an employer may not ask applicants to provide information about arrests that did not lead to convictions. More than a few refusal-to-hire cases have been based on Whether an employer may ask about other convictions, and the improper job application questions. In fact, in 2004 (do we have questions it may ask, differ from state to state. Take the time a number for 2005?), more than 100 employers in California were to ensure that your questions about criminal history are lawful sued as part of a massive class action. The allegations? That each in the states where your offices are. Taking an hour or two now of their job applications included an illegal question regarding could save you hundreds of hours later – and save your company applicants’ criminal records. hundreds of thousands of dollars. Should a job application ever place your company at risk for litigation? Of course not. But this important hiring tool is often Check to make sure that your application includes overlooked when employers revise their policies and procedures appropriate at will language. to ensure compliance with the law. A job application that was Although the importance of such language varies from state fine ten years ago may pose problems today. A job application to state, it is difficult to imagine an employer regretting the that is fine in Illinois or New York may not be fine in California or inclusion of at-will language in a job application. The first time an Massachusetts. employee claims he had a contract for a certain period of time, or Here are a few tips to avoid having this necessary hiring tool that he could only be terminated for certain reasons, you will be become “Exhibit A” in a lawsuit against your company: glad you included this language in your applications.
40 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 Make sure you have proper authorization to conduct a background check. A one-line statement in your application saying that applicants authorize you to conduct a background investigation may not be legally sufficient. Check to ensure that your authorization complies with the laws of the states in which you have offices.
Be careful about notations you make on a job application. Statements that you write on an application so you will remember each applicant can create problems. If you make a note that a candidate was a “well-dressed, middle-aged Asian woman,” for instance, you may have some explaining to do to a jury. Is her age important to the company? Or her race? Of course not. Don’t suggest that they are.
Check to make sure your application complies with state laws. State laws vary. Some states require specific language be included in job applications, such as information about polygraph tests. Make sure your applications comply with the laws of the states in which you have offices. You don’t want to have to explain to a jury why they don’t. Trust me. g
This article is for informational purposes only. It is not for the purpose of providing legal advice and do not create an attorney/client privilege. Readers should consult legal counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis LLP. © 2006 Jackson Lewis, LLP
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 41 The Importance Of Quality
Michael Kun, Esq. 213-630-8226 [email protected]
A small number of years ago, back when I practiced law on other printing companies that he was a problem employee, or the east coast, I represented a printing company that was being that he had sued the company. There was a conspiracy. sued by its former quality assurance manager. The name of the He had no evidence that any of this had occurred – and company, like the name of the quality assurance manager, is there was no evidence that it had occurred – but it was the only unimportant. The story, though, is one that has remained with conclusion he could reach. me and which I expect to tell until my dying days. Among other things, the printing company printed huge “Is this the resume you sent them?” we asked him, very gently, numbers of inserts for Sunday newspapers using massive cylinders and we handed him a copy of his resume. the size of tractor-trailers. Unfortunately, they had repeated issues “Yes,” he said. with typos, incorrect prices and blurry photographs on their “Would you do us a favor?” we asked. “Right there, at the top of print runs. The errors would not have been particularly costly the resume, do you see where it says you worked for the company if they were only printing a few copies of each insert. Instead, for 10 years?” each time there was an error, the company had to reprint several “Yes.” hundred thousand multi-page documents -- at its own expense. “Would you tell me what it says your job title was?” The expense was tremendous. The quality issues were costing the company large sums of money for paper and ink and labor. He looked at the resume, but didn’t answer the question. And, just as importantly, they were costing the company clients. Because, you see, at the top of his resume that he was sending Even though it was paying for the new print runs, clients lost to potential employers in an attempt to find work as a quality confidence every time they had to point out to the company that assurance manager, he had written that he had worked for 10 it had the wrong price for a product or had misspelled a name. years as a “QUILTY ASSURANCE MANAGER.” Eventually, the company terminated its quality assurance manager and hired a new one. Under the new manager’s Not “QUALITY ASSURANCE MANAGER.” supervision, the problems ceased. But the former quality assurance manager filed suit, alleging he had been improperly “QUALTY ASSURANCE MANAGER.” terminated. There was no need for us to say anything more. Now, this is where the story becomes particularly interesting. In the process of handling the lawsuit, we took the former quality In the time since those events occurred, I have not been able assurance manager’s deposition. Sadly, he did he not take any to think of a better example of irony than the quality assurance responsibility for the company’s quality problems; I will save my manager who misspells the word “quality.” Perhaps you can think thoughts about the effect failing to take responsibility has upon of one. Moreover, it has become the story that I tell, over and over, our society for another day. For today, it is more important to whenever I want to stress the importance of quality. know that the former quality assurance manager also complained In dealing with employees, whatever we do affects our that he had been unable to find another job for almost a year. He reputations, not just individually, but as a company. Everything had sent his resume to dozens of printers, he told us, but not one we say or write has the ability to bolster our reputations or, in a of them even called him for an interview. moment, ruin them. In fact, there is an old saying that it takes a lifetime to build a reputation, and one second to destroy it. That That, he thought, was odd. is as true in human resources as it is in any other profession. An excellent memorandum becomes an insult if you misspell Why wouldn’t another printing company want someone an employee’s name. with his experience? A client change form becomes a nightmare if it provides for an $85 per hour raise, instead of $0.85. Why wouldn’t they even interview him? A misplaced file, or a misplaced document, can cripple a company’s ability to defend a lawsuit. The only conclusion he could come up with was that his You may have a great idea, but if you mischaracterize or former employer, our client, was defaming him. They were telling misunderstand a new statute, you will lose the confidence of the
42 Greater Los Angeles Leadership Exchange • www.glaala.org February 2006 people you work with in the time it takes to snap your fingers. Document, Document, Document You may stay up all night working on a new evaluation form, or continued from page 18 completing an investigation report, but everyone is more likely to remember all of the typographical errors than your commitment. 2. What should you do if you discipline an employee about poor Can we be perfect? No. There really is no such thing as perfection. attendance? But we can be excellent. In fact, we must be if we expect to succeed ____ Document it ____ Don’t document it as individuals and as companies. What does it take to be excellent? The answer is simple: time. 3. What should you do if an employee has performance issues? It takes a few more moments of your time to give a document ____ Document it ____ Don’t document it one last review before you finalize it. It means planning ahead so you will have enough time to check the law before you finalize a 4. What should you do if you are suspending an employee? memorandum. It means coming in to work a few minutes early on ____ Document it ____ Don’t document it the days a project is due so you won’t be rushed. In short, quality is just a matter of time. 5. What should you do if you are giving an employee instructions If you take the time to be excellent, you will be excellent. about an important project? If you focus on quality, you will produce quality work. ____ Document it ____ Don’t document it If you don’t, you may only produce quilty work. And no one – no one – wants quilty work. g Answers Document, document, document, document, document. g Michael Kun is partner with the law firm of Jackson Lewis LLP in Los Angeles. www.jacksonlewis.com. He is also a novelist whose most About the Author: Michael Kun is partner with the law firm of recent novel, You Poor Monster, has been nominated for the Pulitzer Jackson Lewis LLP in Los Angeles. www.jacksonlewis.com. He is Prize. also a novelist whose most recent novel, You Poor Monster, has been This article is for informational purposes only. It is not for the nominated for the Pulitzer Prize. purpose of providing legal advice and do not create an attorney/client This article is for informational purposes only. It is not for the privilege. Readers should consult legal counsel of their own choosing purpose of providing legal advice and do not create an attorney/client to discuss how these matters relate to their individual circumstances. privilege. Readers should consult legal counsel of their own choosing Reproduction in whole or in part is prohibited without the express to discuss how these matters relate to their individual circumstances. written consent of Jackson Lewis LLP. © 2006 Jackson Lewis, LLP Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis LLP. © 2006 Jackson Lewis, LLP
The Year In Review Domestic Partner Rights & Responsibilities continued from page 12 continued from page 33
Electronic Storage of I-9 Forms marital status and sexual orientation, or any other protected On October 30, 2004, the President signed into law HR 4306 characteristic, are prohibited. g authorizing employers to retain immigration law I-9 forms in electronic format and to use electronic signatures on the form. About the Authors: Atkinson, Andelson, Loya, Ruud & Romo is This legislation took effect on April 29, 2005. Prior to this date, a California-based law firm with offices in Cerritos, Pleasanton, employers had to retain I-9’s in paper, microfilm or microfiche. I-9’s Riverside, Sacramento and San Diego. Established in 1979, the firm must be retained for three years after the date of hire or for one year takes an active role in representing our clients’ interests throughout after the date employment is terminated, whichever is later. California and across the country. The firm’s philosophy is rooted It is important early in the year for employers to review their in understanding the broad spectrum of legal issues that affect policies and procedures and to update them as needed, in light of businesses. We believe in preventative law. these new laws. g Joanna Blake represents employers in all aspects of labor relations and employment law matters, including employment discrimination, About the Author: Liseanne Kelly is an attorney with Luce Forward, wrongful termination, sexual harassment, and wage and hour. She Hamilton & Scripps LLP, and a member of the firm’s Labor & also counsels employers regarding human resources policy matters Employment Practice Group. She can be reached at (619) 699-2496 or and employee relations issues. Christopher Milligan practices [email protected]. Founded in 1873, Luce Forward is a full service law primarily in the areas of employment and labor law, including wage firm serving all of California with offices in San Diego, Carmel Valley/ and hour law, as well as construction and general business law. Del Mar, Los Angeles, and San Francisco. Rowena Santos represents employers in all aspects of labor relations and employment law matters, including employment discrimination, wrongful termination, employee handbook, employee leave, sexual harassment, and wage and hour.
February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 43 Vendor Spotlight
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February 2006 Greater Los Angeles Leadership Exchange • www.glaala.org 45 Wellness Zone
Judy Hissong, CLM 310-393-6078 [email protected] Sugar: The Sweet Paradox
You’ve heard the rumors: “Sugar is evil. Avoid it at all costs. 3. Sugar’s Impact on Food Choices. Another topic researchers It is unhealthy for you and will make you fat.” Hold it. Is sugar are weighting in on is a possible connection between eating taking too many lumps, or is its villainous reputation justified? lots of sugar and eating fewer nutrient-dense foods, Additional For years Americans have been urged to choose a diet moderate studies need to be conducted to determine if excessive sugar in sugar. The government’s current Dietary Reference Intakes intake results in poorer food choices in general. For example we for macronutrients suggest that added sugar should make up no know that replacing milk with soft drinks decreases the amount more than 25 percent of daily caloric intake. But many people of calcium consumed. But we don’t know whether, as a rule, are still confused about how much and what kind of sugar to decreasing sugar intake results in higher consumption of more consume. As is often the case with nutrition information, there nutritious foods. is no simple answer, according to Suzanne Murphy, PhD, RD, who presented a session on this topic at an American Dietetic Suggestions for Eating Sugar in Moderation. Association (ADA) conference. No foods are all “good” or all “bad,” according to American Dietetic Association copresenter Diane Quagliani, MBA, RD. To help you make sense of the whole sugar issue, here’s Eating should be a pleasurable activity, not a course of constant the “sweet and lowdown” from an excerpt of the ADA session, stress! If you want to moderate your sugar intake without excessive explained by IDEA author Cathy Leman, RD/LD. worry, try these tips shared by Quagliani and her copresenters:
1. Natural Sugars Versus Added Sugars. One area that is • Split a dessert with a friend or take half of it home to enjoy confusing is whether you should distinguish between sugars that the next day. are “added” to the diet and those that occur naturally in foods • Don’t ban sweets from kids’ diets; kids who are occasionally such as fruit and milk. Many nutrition experts advise people to permitted a few sweet treats are less likely to overdo it. moderate their intake of added sugars but not naturally occurring • Order a small or medium soft drink instead of the extra sugars. However, because “total sugars” (both added and naturally large size, and skip the refills. g occurring) are shown as a single value on Nutrition Facts labels, distinguishing between the two can be challenging. Courtesy of Judy Hissong, CLM and ACE certified personal trainer. Reprinted with permission from IDEA Health and Fitness, 2. Health Consequences of Eating Sugar. Scientists are Inc., the leading international membership association in the investigating the question of whether any negative health effects health and fitness industry. can be directly attributed to sugar in the diet. The only health effect that has been conclusively demonstrated is the association between sugar and dental cavities. However, ADA copresenter Julie Miller Jones, PhD, stated that some preliminary data also support a link between high sucrose (ordinary table sugar) intake and increased triglyceride levels (the chemical form in which most fat exists in the body) in obese people.
In addition some people worry that added sugars increase the likelihood of becoming obese. You may be surprised to learn there is no strong evidence to support a relationship between sugar intake and body mass index (BMI), a measure of body fat based on height and weight. Some studies have even found an inverse relationship between sugar intake and BMI, but that may be because overweight people typically underreport the sugar they eat. However, consuming too many calories contributes to obesity, and many foods high in sugar are also high in calories.
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