Are you interested in research of a significant area of the law? The laws and regulations described below are popular topics of research. Each title below is linked to an article on the topic. If you wish to discuss research of any of these topics or any other topic of interest, please Contact Us.
1872 Codification of California Codes
1999 Eight-Hour-Day Restoration and Work AB 60 Ch. 134
2004 California Workers Compensation Reform SB 899
2003 Anti-Slapp Amendments – California SB 515
Anti-Slapp Statutes – California
2006 CA Global Warming Solutions Act of 2006 AB 32 Ch. 488
California Business and Professions Code sections 17200, et seq.
California Civil Discovery Act of 2004
California Coastal Act SB 1277 ch. 1330 of 1976
California Code of Civil Procedure section 340.1 – SB 1779 of 2002
California Proposition 64 of 2004
California Whistleblower Protection Act
Civil Discovery Act of 1986 and 1987, California CCP 2016, etc.
Consumer Legal Remedies Act – California AB 292 of 1970
Fair Claims Settlement Practices Regulation
Federal Fair Standards Labor Act of 1938
Industrial Welfare Commission
Labor Code Private Attorneys General Act
Labor Law Amendments – 2000 – wages, meal times, rest periods, etc. AB 2509
Louisiana Valued Policy Insurance Clause of 1991
Uniform Trade Secrets Act of California AB 501 Ch. 1724 of 1984
USA Patriot Act of 2001
1872 Codification of California Codes
In 1872, following the appointment of a Code Commission in the late 1860s by the State Legislature, a huge undertaking resulted in the codification of existing law in California into four different codes: Civil Code, Code of Civil Procedure, Political Code, and Penal Code. Much of the California Codes were simply enacting prior California Practice Act, Crimes and Punishment Act, New York provisions drafted by D. D. Field, as well as influences from Louisiana and other states. We provide copies of out-of-California cases and treatises, if still available, that may be included in the annotations of any statute enacted in 1872. If English Law or the French Code Napoleon is involved, we look for this early language also.
1999 Eight-Hour-Day Restoration and Work AB 60 Ch. 134
Labor Code sections relating to overtime compensation were affected in 1999 following legislative approval of AB 60. This bill was known as the “Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999.” The purpose of this measure was to “establish a statutory framework for daily overtime compensation.” There were unsuccessful competitor and predecessor bills that are part of this research. You may also wish to order IWC related wage order documents.
2004 California Workers Compensation Reform SB 899
Numerous sections of the Labor Code relating to workers compensation were affected in 2004 following legislative approval of SB 899. The bill was described as a compromise resulting from good faith negotiations by Governor Arnold Schwarzenegger’s Administration and the Legislature, in which organized labor gave input and helped shape its outcome. Provisions of the bill includes the development of medical provider networks; a system of independent medical review; immediate medical treatment to all workers filing claim forms for occupational injury; collectively bargained projects on health care integration; predesignated physicians within a group health network; user funding and use of funding for a return to work program; return to work incentives; differing permanent disability (PD) payments based on an employee’s return to work; a mechanism for determining PD; vocational rehabilitation program for pre-2004 injuries; and also limits most temporary disability payments to 104 weeks; revises certain Labor Code penalty amounts; revises the statutes relating to apportionment; and, requires a study of the insurance marketplace and the rate effects from legislative reform.
2003 Anti-Slapp Amendments – California SB 515
SB 515 of 2003 added section 425.17 to the CCP, seeking to stop corporate abuse of the anti-SLAPP (Strategic Litigation Against Public Participation) statute and return to its original purpose of protecting citizens’ rights of petition and free speech. The bill made SLAPP provisions inapplicable for public interests and class action lawsuits when specified conditions are met, and for lawsuits brought against a business that arise from commercial statements or conduct of that business, as specified. The bill also made legislative findings relating to the abuse of the anti-SLAPP law.
Anti-Slapp Statutes – California
From 1992 to the current legislative session, California has enacted bills to protect public volunteers when they speak out on a public issue or serve as a volunteer officer or director of a nonprofit corporation; these legislative measures address “Strategic Lawsuits Against Public Participation (SLAPP)” suits being brought in large numbers that chilled the exercise of first amendment rights. CA has established a distinct motion to strike procedure for defendants in lawsuits for that person’s acts in furtherance of constitutional free speech or petition rights in connection with a public issue and provided pleading hurdles in cases of suits against volunteer directors and officers of nonprofit corporations or associations.
2006 CA Global Warming Solutions Act of 2006 AB 32 Ch. 488
Sections 38500, et seq., relating to air pollution, were added to the California Health and Safety Code in 2006 following passage of Assembly Bill 32, which enacted the Global Warming Solutions Act of 2006 to create a statewide greenhouse gas (GHG) emission limit that would reduce emissions by 25% by 2020. The materials include an Attorney General statement, the Governor’s executive order, the Climate Action Team’s analyses and recommendations, and the Public Utility Commissions’ decision analyses.
California Business and Professions Code sections 17200, et seq.
The Business and Professions Code statutes comprising California’s unfair competition laws can be traced to early 1930’s legislation all the way to measures and propositions enacted very recently. We are able to track specific statutes to their historical origination and subsequent amendments and re-enactments.
California Civil Discovery Act of 2004
The Civil Discovery Act of 1986 was repealed and a new Civil Discovery Act was enacted in 2004 following passage of AB 3081. This bill was introduced by the Assembly Committee on Judiciary on March 11, 2004 to implement the recommendation of the California Law Revision Commission, which recommended no substantive changes, only a reorganization of the statutes governing civil discovery into short sections closely tracking the existing language and sequencing. Thus, tracing the current discovery statutes to prior relevant legislative bills will still be necessary for the most part.
California Coastal Act SB 1277 ch. 1330 of 1976
We have collected over 4,000 pages of legislative history materials addressing the 1976 Coastal Act, including the bill’s failed competitor and predecessor measures and propositions.
California Code of Civil Procedure section 340.1 – SB 1779 of 2002
SB 1779, the 2002 bill amending CCP section 340.1, provides that the extended statute of limitations in childhood sexual abuse civil cases against a third party not the perpetrator of the sexual abuse extends beyond age 26 of the victim, when the third party knew, had reason to know, or was otherwise on notice, of any unlawful sexual contact by an employee, volunteer, representative or agent for unlawful sexual conduct and failed to take reasonable steps to avoid future acts of unlawful sexual conduct by that employee or agent in the future. A suit must be filed within three years from the date the victim discovers or reasonably should have discovered that the psychological injury or illness occurring after age 18 was caused by the childhood abuse. There are tapes available on SB 1779.
California Proposition 64 of 2004
Business and Professions Code sections related to California’s unfair competition law were amended in 2004 following passage of Proposition 64 of 2004 by the general electorate on November 2, 2004. The Proposition enacted amendments to Business and Professions Code sections 17203, 17204, 17206, 17535, and 17536. We have compiled thousands of pages on Prop 64, failed predecessor legislation, and background hearings and studies. Available on CDs.
California Whistleblower Protection Act
Protects as a good faith communication the disclosure of improper governmental activities that may significantly threaten the health or safety of employees or the public. Protection includes employees who disclose improper governmental activities to the State Auditor, including state employees disclosing improper governmental activities to anyone or who refuse to obey an illegal order. Does not diminish the rights, privileges, or remedies of any employee under any other federal or state law or under any employment contract or collective bargaining agreement. Does not supersede or limit the right to make privileged publication or broadcast in an official proceeding with regard to information provided under the Act.
Civil Discovery Act of 1986 and 1987, California CCP 2016, etc.
The 1986 California Civil Discovery Act was enacted by two separate legislative bills. The bulk of the 1986 Discovery Act was added by AB 169 and the provisions related to physical and mental examinations were the product of the companion measure, AB 1334. In 1987, a number of the Discovery Act statutes were amended following passage of AB 361. These bills’ legislative history materials contain useful information, such as Reporter’s Notes and drafts.
Consumer Legal Remedies Act – California AB 292 of 1970
California’s Consumers Legal Remedies Act was enacted into law in 1970 following legislative passage of Assembly Bill 292, which added sections 1750, et seq., to the Civil Code. The Act was meant to provide consumers with remedies against merchants employing various deceptive practices in connection with the sale of goods or services. These remedies include actual money damages or losses incurred by the consumer, injunctions to prevent further deceptive practices by the merchant, and punitive damages. AB 292 was adapted in large part from a 1969 tentative draft of the National Consumer Act, which we include.
Fair Claims Settlement Practices Regulation
We have acquired an extensive collection of rulemaking files and registers histories from the Department of Insurance associated with the adoption and amendments of sections 2695, et seq., of Title 10 of the California Code of Regulations related to fair claims settlement practices.
Federal Fair Standards Labor Act of 1938
The Fair Labor Standards Act of 1938 was viewed as a sincere and deliberate effort, to use the words of President Franklin D. Roosevelt, “to extend the frontiers of social progress” to meet difficult social and economic problems cautiously but courageously. Among the provisions for the enforcement of the act: violations of either the wages or hours, the employees can themselves, or by designated agent or representatives, maintain an action in any court to recover the wages due them and in such a case the court shall allows liquidated damages in addition to the wages due equal to such deficient payment and shall also allow a reasonable attorney’s fees and assess the court cost against the violator of the law so that employees will not suffer the burden of an expensive lawsuit. The bill has other penalties for violations and other judicial remedies, but the provision puts directly into the hands of the employees who are affected by violation the means and ability to assert and enforce their own rights, thus avoiding the assumption by Government of the sole responsibility to enforce the act. Since 1938, there have been amendments substantively affecting the language of the FLSA for which we can provide the legislative history.
Industrial Welfare Commission
We have collected 1913-current materials of the Industrial Welfare Commission [IWC], organized, primarily, to reflect their organization at IWC, and also to allow for easy integration of future materials to the existing collection.. The materials include, but are not limited to: Wage Order language materials, hearing/meeting minutes and transcripts, Wage Board Reports, meeting packets, rulemaking file materials, and implementation of AB 60 of 1999 and October 2000 wage order revisions.
Labor Code Private Attorneys General Act
This Act allows employees to sue their employers for civil penalties for employment law violations, which would augment the enforcement abilities of the Labor Commissioner by creating an alternative “private attorney general” system for labor law enforcement. As originally enacted in 2003, aggrieved employees would be allowed to bring civil actions to recover penalties for any alleged violation of the Labor Code that the Labor and Workforce Development Agency does not take action on. There have been amendments to these provisions since 2003.
Labor Law Amendments – 2000 – wages, meal times, rest periods, etc. AB 2509
AB 2509 of 2000 made various changes to California’s Labor Code relative to rights, remedies, and procedures, streamlining and altering many enforcement and administrative procedures of wage and hour laws before the Labor Commissioner and the courts, and increasing civil penalties and damages for violations. Some of the topics addressed meals and rest periods. Provisions were enacted to help assure employees receive wages earned and for a penalty against employers paying wages by checks drawn against bank accounts containing insufficient funds; and also require an employer appealing an award of the Labor Commissioner to secure wages due by posting an undertaking with the court hearing the appeal.
Louisiana Valued Policy Insurance Clause of 1991
Louisiana insurance law provides for a “valued policy clause” that prohibits a policy from insuring property against loss in an amount less than the total amount for which the property is insured. Would provide for circumstances in which the insurer would pay the full amount of the coverage, either in case of total destruction or in case of partial damage when the property could be restored to its original condition.
Uniform Trade Secrets Act of California AB 501 Ch. 1724 of 1984
In 1872, following the appointment of a Code Commission in the late 1860s by the State Legislature, a huge undertaking resulted in the codification of existing law in California into four different codes: Civil Code, Code of Civil Procedure, Political Code, and Penal Code. Much of the California Codes were simply enacting prior California Practice Act, Crimes and Punishment Act, New York provisions drafted by D. D. Field, as well as influences from Louisiana and other states. We provide copies of out-of-California cases and treatises, if still available, that may be included in the annotations of any statute enacted in 1872. If English Law or the French Code Napoleon is involved, we look for this early language also.
USA Patriot Act of 2001
The USA Patriot Act was enacted in 2001 in response to the September 11, 2001 terrorist attacks on the Washington D.C. Pentagon and the New York World Trade Centers. The enacting bill was one of the last of a series of bills introduced quickly in Congress to enact legislation to deter and punish terrorism in the United States with enhanced law enforcement investigatory tools. It was signed three days after its introduction by President George W. Bush. The “terrorism bill” left a sparse paper trail, compelling concerns that the bill was left “vulnerable to legal challenges.” The law was designed to make it easier for law enforcement to track Internet communications, detain suspected terrorists, and obtain nationwide warrants for searches and eavesdropping. Many of the high-profile wiretap and search provisions were to sunset in four years unless Congress reauthorized them.