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United States
By Gene Livingston
How broad is an agency’s discretion to adopt regulations to promote the public welfare?
By Gene Livingston
Governor Schwarzenegger issued Executive Order S-2-03 pertaining to state agency regulations on November 17, 2003, his first day in office. The Order instructed the Director of OAL to appoint an advisory body to recommend improvements in the rule-making process.
By Kathi Finnerty
The U.S. Access Board, the Federal agency responsible for implementing ADA regulations, has released new guidelines for providing accessible facilities under the Americans with Disabilities Act (ADA). These guidelines come at a time when businesses in California and across the nation are already struggling to understand and comply with the plethora of often contradictory state and federal regulations.
By Kathi Finnerty
After two years of enduring thousands of ADA "access" lawsuits, some California businesses are starting to fight back – and win. The federal Americans with Disabilities Act obligates nearly all businesses that serve the public to make their facilities accessible to disabled persons by either complying with current construction standards or, in existing facilities, removing those barriers that are "readily achievable." Non-compliance with this mandate is considered discrimin
By Jeffrey Leacox
As part of his revised budget package presented to the Legislature, Governor Schwarzenegger recently proposed to increase state revenues by changing existing law to require that 75 percent of future punitive damage awards be paid to the State.
By Kathi Finnerty
The United States Supreme Court in a 5-4 decision held that, under Title II of the Americans with Disabilities Act of 1990, states are not immune to claims of denial of access to state courthouses. In Tennessee v. Lane, the plaintiff, a paraplegic who uses a wheelchair for mobility, claimed he was denied access to a Tennessee state courthouse when he was forced to crawl up two flights of stairs to attend a hearing.
By Steven Churchwell
The California Department of Industrial Relations oversees the states Prevailing Wage Law. This law states that all employees of construction contractors on any public work must be paid the prevailing wage for that trade in the county, which is usually the union rate.
By Rex Berry
Most California business owners have read the headlines heralding the workers’ compensation package approved by the Legislature and signed into law by Governor Arnold Schwarzenegger on April 19, 2004 (SB 899, Poochigian). This reform package reduces the skyrocketing workers’ compensation costs that have hit businesses in recent years.
By Kathryn Doi
On the first day of his administration, Governor Arnold Schwarzenegger froze the adoption of proposed regulations and ordered each agency to report on all regulations adopted since January 6, 1999, and to identify underground regulations. In issuing Executive Order S-2-03, the Governor expressly called for the reassessment of a state government that is perceived to work against businesses.
By Gene Livingston
By Rex Berry
By Rex Berry
By Scott Plamondon Esq
By Ilene Goldstein Block, Ilene Goldstein Block