July 2020 Archives

The General Rules for Implementing the Alternative Work Schedule Within A Company

Everyone is familiar with the traditional work schedule: 8:00 a.m. to 5:00 p.m. and five days per week. However, many people may not be aware that California offers another option: the alternative work schedule ("AWS"). AWS allows employees to shorten the days per week that they work, while still maintaining a work schedule of 40 hour per week. Many employees prefer AWS because it allows them to maintain a better work-life balance. Additionally, employers may also be favorable to AWS because it allows employers to limit the amount of daily overtime they must pay to their employees. Although this seems like a win-win situation for both the employer and the employee, what are the guidelines for implementing AWS in California and what are the legal ramifications if AWS is not implemented correctly?

In re Brace

In re Brace was decided this morning by the California Supreme Court and it is favorable to bankruptcy trustees and creditors.

Bankruptcy Courts Still Have Power to Retroactively Annul Stay, Regardless of Recent Supreme Court Ruling in Acevedo

In Merriman v. Fattorini (In re Merriman), BAP No. CC-19-1245-LTaF (July 13, 2020), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held the United States Supreme Court's recent decision in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921, 2020 WL 871715 (U.S. Feb. 24, 2020), did not prevent the bankruptcy court from retroactively lifting the automatic stay and affirmed the decision of the bankruptcy court. In general, 11 U.S.C. ยง 362(d) grants broad authority to the bankruptcy court to terminate, annul, modify, or condition the automatic stay for cause. In assessing whether retroactive annulment of the stay should be granted, the courts have focused on two main factors: "(1) whether the creditor was aware of the bankruptcy petition; and (2) whether the debtor engaged in unreasonable or inequitable conduct, or prejudice would result to the creditor."

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