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Home > Archives for Brian D. Bertossa

Brian D. Bertossa

Brian D. Bertossa

In a practice that encompasses labor and employment law and construction law, Brian is known for his dedication to helping his clients avoid litigation through education and counseling, and for a tough, creative approach to litigation when it can’t be avoided.

Brian D. Bertossa / April 23, 2025

Employers Should Be Cautious Before Relying on a Claim of “Undue Hardship” to Deny an Employee’s Request for Accommodation

Employment Litigation

California employers are required to engage in an interactive process and reasonably accommodate the known disabilities of employees and applicants to permit them to perform the essential functions of a position. However, employers are not required ...
[Read more] about Employers Should Be Cautious Before Relying on a Claim of “Undue Hardship” to Deny an Employee’s Request for Accommodation

Brian D. Bertossa / January 13, 2025

NLRB and New California Law Restrict Important Employer Tool in Responding to Union Organizing

Labor Relations

In a decision released in November involving Amazon and its response to union organizing efforts, a majority of the members of the National Labor Relations Board (NLRB) overturned a 76 year-old NLRB decision and held that so-called employer “captive ...
[Read more] about NLRB and New California Law Restrict Important Employer Tool in Responding to Union Organizing

Brian D. Bertossa / March 21, 2024

All Good Things Must Come to an End – Handling Final Pay for Employees

Wage and Hour

While employers hope every employee hired enjoys a long, productive relationship with the employer, almost every employee ultimately leaves employment. The end of employment most commonly occurs through a voluntary resignation by the employee either ...
[Read more] about All Good Things Must Come to an End – Handling Final Pay for Employees

Brian D. Bertossa / May 1, 2023

Best Practices for Responding to Personnel Record Requests

Personnel Policies

Updated May 1, 2023 Under California’s Labor Code, current and former employees have the right to inspect and receive their personnel files. We have previously provided general best practices for responding to such requests. This update will ...
[Read more] about Best Practices for Responding to Personnel Record Requests

Brian D. Bertossa / November 28, 2022

California Broadens Definition of “Public Works” to Cover On-Hauling of Certain Materials

Prevailing Wage

Existing law requires that all workers employed on public works projects shall be paid the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations. Assembly Bill 1851 On September 29, ...
[Read more] about California Broadens Definition of “Public Works” to Cover On-Hauling of Certain Materials

Brian D. Bertossa / January 5, 2018

Podcast: Payment Remedies for California Contractors

Labor Relations

If you have performed high-quality work on a construction project, but are not getting paid what can you do? In this podcast, we'll talk about three methods that, in addition to simply pursuing your rights under contract, may assist you in getting ...
[Read more] about Podcast: Payment Remedies for California Contractors

Brian D. Bertossa / August 1, 2016

DIR’s eCPR is Back Under Enforcement

eCPR is back. As of August 1, 2016, the California Department of Industrial Relations is again requiring public works contractors and subcontractors to submit certified payroll records (CPRs) using its online system. To learn more about enhancements ...
[Read more] about DIR’s eCPR is Back Under Enforcement

Brian D. Bertossa / March 1, 2013

At-Will Manager Can be Discharged for Obstructing Internal Investigation

The California Court of Appeal delivered a strong reminder to employers on the value of maintaining an at-will employment relationship with employees. The Court in McGrory v. Applied Signal held that a manager’s uncooperative and allegedly untruthful ...
[Read more] about At-Will Manager Can be Discharged for Obstructing Internal Investigation

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