KAHN, SOARES, & CONWAY, LLP

Brinker Restaurant Corp. v Superior Court (Hohnbum) No. S166350 (California April 12, 2012).

The long-awaited Supreme Court ruling in Brinker was issued on April 12, 2012. It is welcome news for California employers, especially those subjected to wage and hour litigation seeking monetary damages for alleged denial of meal and rest breaks. The most significant general holding of Brinker is that employers need not ensure that their employees take meal and rest periods which are required by California law. Employers need only ensure that workers are provided the meal and rest period. Specifically, the court held “an employer must relieve the employee of all duty for the designated period, but need not ensure that the employee does no work.”

Based on the foregoing, employers should continue the practice of providing meal and rest breaks as required by law, posting the company policy related to meal and rest breaks in a visible location at the workplace and including provisions for meals and rest breaks in the Employee Handbook. However, employers no longer need to police employees to ensure meal and rest breaks are taken.

Because Brinker came before the Supreme Court as a class certification case, there are many issues which were not determined or which may arise from this decision. Please call us if you have questions or need further information related to this decision and how it may impact your business.

- Provided by Rissa A. Stuart

In November 2010, KSC obtained a summary judgment ruling that the Commission law did not violate Plaintiff’s state and federal constitutional rights of free speech and free association.  The Sacramento County Superior Court affirmed the California Cut Flower Commission’s status as a government agency, authorized by law and properly overseen and supervised by the California Department of Food and Agriculture to carry out the duties and obligations for which it was formed, and dismissed Plaintiff’s remaining claims.

In February, 2012, Zenith Insurance Company, a major provider of workers’ compensation insurance in California, held a daylong seminar in Fresno, California for its policy holders.  Soares was the keynote speaker.  He explained the current challenging fiscal condition of California and gave examples of the increasingly intrusive actions of state government.  He also stressed to attendees that they should rely less on government and embrace self-help which requires a fundamental understanding of the workings of the political process in California.

The seminar focused on key issues impacting agricultural businesses including rural crime, sustainability, food safety, trends in workers’ compensation and immigration.

Recently, George Soares was one of five speakers to share their outlook on California’s economy at the San Luis Obispo Chamber of Commerce’s inaugural State of the State event.  Other speakers in the February, 2012 gathering included Lieutenant Governor Gavin Newsom, State Controller John Chiang, State Senator Sam Blakeslee and Fred Keeley of California Forward.

An audience of approximately 300 participated in a lively discussion of such topics as the Governor’s tax initiative, funding for education and the influence of special interest groups on state politics.  Among his comments, Soares told the audience that “without the fiscal crisis, California would have continued to spend money it doesn’t have and the state now has an opportunity to solve the (fiscal) problem.”

Past and present student leaders gathered on the Cal Poly, San Luis Obispo campus in February, 2012 to discuss and update on program and infrastructure developments at the University.

George Soares, a former Cal Poly student body president, told the group that “self-help is our present and our future.  Government support of higher education has substantially declined and this situation will not be significantly reversed.  So, we must pursue a new model that secures the University financially while remaining focused on providing top rate educational opportunities for its students.”

A north valley car dealer was sued by his former partner regarding a dispute in connection with a partnership buyout.  The trial court ruled in favor of the car dealer’s partner and ordered the car dealer to pay his former partner $1,300,000.  Kahn, Soares & Conway, through Richard C. Conway and Joshua Bettencourt, represented the car dealer on appeal.  In January 2012, First Appellate District Court of Appeals ruled in favor of the car dealer and set aside in its entirety, the adverse judgment against him.

Kahn, Soares & Conway, through Richard C. Conway, represented a commercial developer in the Fresno area against a tenant that had entered into a leasing agreement to lease space in the developer’s complex.  The tenant, a national company, alleged the developer breached its obligation to the tenant by failing to develop the project appropriately and deliver the premises to the tenant in a timely fashion.  The matter was resolved shortly before trial by the tenant paying the commercial landlord $1,950,000.

KSC attorney, Joshua J. Bettencourt, was recently elected to serve as the Treasurer of the Kings County Farm Bureau (“KCFB”) for a two-year term. KCFB is a non-partisan, non-profit organization that works to promote, protect and enhance California’s farming way of life through ag education and advocacy…

Partner, Rissa A. Stuart was recently elected to serve as the Secretary of the San Joaquin Valley Association of Business Trial Lawyers. The ABTL was founded to develop a better forum for the discussion of business trials and to promote and enhance communications between the bar and the federal and state benches. Each chapter provides top quality legal education and programs in an atmosphere where there can be a frank exchange between bench and bar There are thriving ABTL chapters in the San Joaquin Valley, Los Angeles, Northern California, San Diego, and Orange County.

Kahn, Soares & Conway, through Richard C. Conway and Rissa A. Stuart, represented a Kings County Dairyman involved in a tractor/automobile accident in Kings County.  The dairyman sustained pelvic and rib fractures which resulted in medical expenses of slightly less than $50,000.  The dairyman had no quantifiable wage loss.  The matter settled, shortly before arbitration, for $475,000.

Phil Jay to Provide Clients with Vast Expertise in Environmental Laws & Regulations

Hanford, Calif.  (Sept. 7, 2011) – In a move that elevates its rapidly growing environmental practice, the law firm of Kahn, Soares & Conway (KSC) today announced that Phil Jay, former chief counsel for the eight county San Joaquin Valley Air Pollution Control District from 1993 to 2011, has become of counsel to the firm.

“We are very pleased that Phil has become part of our team,” said managing partner George Soares. “Phil brings an outstanding reputation and first rate expertise that will greatly enhance our service to clients located in California and nationally.”

“In his new role, Phil will assist clients in navigating the legal and government complexities associated with air quality, land use and the California Environmental Quality Act (CEQA) and much more,” Soares said.  “We also expect Phil to benefit clients in government related litigation, labor law, civil rights violations and civil litigation, using experience he gained as legal counsel for Fresno and Madera counties before joining the Valley Air District,” Soares added.

“Our clients are increasingly requiring assistance in the evolving world of environmental law. Phil’s addition to the firm complements our existing strengths and commitment to this important area,” said Jan Kahn, a founding member of the firm.

In 2003, KSC, in partnership with Jim Wells, former director for the California Department of Pesticide Regulation, formed Environmental Solutions Group to assist clients in address pesticide, and air and water quality issues.

The Hanford Sentinel recently featured Kahn, Soares & Conway as the 12^th largest firm in the San Joaquin Valley, and the largest law firm outside of Fresno.  The article highlighted KSC’s unique business model involving a lobbying element in Sacramento and its general law practice in Hanford.  The two offices are able to provide clients with services, expertise and influence that no other firm in the Valley can deliver.  Read more here. (http://www.hanfordsentinel.com/news/local/article_9f426d94-9dab-11e0-bbc8-001cc4c03286.html)

George Soares, KSC’s managing partner, was recognized for more than 30 years of service to the California Cotton Ginners Association in Pismo at the Ginners Annual Industry Meeting as the 2010 recipient of the Association’s Distinguished Service Award. The Ginners Association was one of KSC’s first clients. “We could not have chosen a more effective legal counsel and government affairs advocate to represent us over the years than George Soares. It’s like we grew up together, KSC and the Ginners Association”, said Earl Williams, president and CEO of the Ginners and a charter board member of the Ginners group.

KSC attorney, David Kahn was recently appointed as the First Vice Chair of the Kings Regional Health Foundation.  The Foundation is a charitable organization that raises money for the Adventist Health medical network throughout the Central Valley.  To date the Foundation has contributed more than $3,000,000.00 towards the construction of the new hospital in Hanford and continues to contribute to the advancement of healthcare in the Central Valley of California

KSC attorney, Josh Bettencourt, has been appointed by the California Farm Bureau Federation (CFBF) to serve on its 2011 Labor Policy Recommendation Committee.  As a member of the Committee, Josh will participate in shaping CFBF policies regarding agricultural labor and related issues, including collective bargaining, wages, and employee safety.

“The Lemoore Foundation for Educational Excellence has been honored by the Lemoore Chamber of Commerce as the ‘Organization of the Year’ for the City of Lemoore for 2010.  KSC Hanford lawyer, Bill Parry, is the current vice-president of the Lemoore Foundation, and has served on its board of directors since 2005.  The Lemoore Foundation is a non-profit organization that services and supports numerous Lemoore High School scholarships and academic programs, as well as the Lemoore memorial wall, the Lemoore Hall of Fame, and numerous other alumni and fund raising events.”

As part of CSU Fresno’s ongoing 100 year “Centennial Celebration,” Dr. Vida Samiian – Dean of the College of Arts and Humanities – honored KSC attorney William Parry as one of Fresno State’s “100 Distinguished Alumni.”  Bill, a lawyer in our Hanford office who practices criminal defense, family law, litigation and immigration law, also participated as a “distinguished alumni panelist” in a group discussion and attended functions honoring the “distinguished alumni.”  Kahn, Soares & Conway, LLP, congratulates Bill on his honor.

The Hanford Sentinel, servicing all of Kings County, recognized Richard C. Conway, managing partner of the Hanford office of Kahn, Soares & Conway, LLP, as the “Best Attorney” for 2010 in its first annual Reader’s Choice awards.  Congratulations Rick for receiving this honor.

Capitol Weekly, April 2010 Top 100 List
“Soares is the premier agricultural lobbyist in California, and in a state with the nation’s highest farm receipts, that’s saying something. Soares is at or near the center of every substantive water discussion in the state.” To view the complete list, click here.

Family farms provide significant public benefits. Unfortunately, fewer and fewer families are able to retain their family farm to maintain these benefits for future generations. A key to securing family legacies for your family farm is good estate planning. Although you may have discussed your plans and desires regarding the passing of the family farm with your heirs, your estate plan must be documented in legal ink. As we all know, it cannot be assumed heirs “will do the right thing” or they will “all want the same thing” after you have passed away. Estate planning documents and regular updates to account for changed circumstances are necessary to keep farm land intact and in the family.

To view the complete article in PDF, click here.

George Soares with Kahn, Soares and Conway, a Sacramento firm, discussed the severe problems of California. “We are often proud to say that agriculture is the #1 industry in California. But in reality the #1 industry, if you want to call it that, is government.

To view the complete article in PDF, click here.