Click here to subscribe to our Bowles Law e-letter
Click here to subscribe to our Bowles Law e-letter
.jpg)
Management must combine all of an employee’s daily and weekly hours worked at all locations and pay any resulting overtime.
The federal Department of Labor has flunkedFirst Physical & Functional Rehab for failing to count the employees’ cumulative hours at three work locations, thus shorting them on overtime pay.
First Physical settled with the DOL for $171,897 back wages and $18,810 civil penalties for willful violations.
An employer may not separately treat a worker’s labors at different locations to avoid paying overtime even where, as here, each venue is separately incorporated. First Physical’s website shows each of its three offices as a joint enterprise.
Honolulu Wage and Hour Division Acting District Director Patrick Candoleta said: “Employers must abide by federal laws and ensure that workers are fully compensated for all hours worked. We will continue to hold employers accountable to help ensure that compliance is a priority in every workplace. We will also offer compliance assistance to help employers who seek it avoid violations of overtime requirements and other wage and hour rules.”
TAKE-AWAYS:
Management must combine all of an employee’s daily and weekly hours worked at all locations and pay any resulting overtime.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Helena Kobrin
July 3, 2026
.jpg)
Do not assume HSI will treat minor I-9 mistakes as technical defects with an opportunity to fix them. When receiving a Notice of Inspection, employers have only three business days to provide requested I-9s, so HR should proactively audit I-9s, review remote onboarding, confirm electronic systems comply, and train staff. Employers unsure about compliance should consult employment or immigration counsel.
On March 16, 2026, U.S. Immigration and Customs Enforcement released an updated Form I-9 inspection fact sheet, classifying many I-9 errors as substantive violations. This distinction is important: technical or procedural failures usually allow at least 10 business days for correction, but substantive violations may result in a Notice of Intent to Fine without that opportunity.
What Changed:
The statutory framework remains the same, but the practical risk has changed. ICE now classifies more errors as substantive violations. Employer-side commentators call this a significant reclassification of errors previously seen as clerical or correctable.
Errors ICE Now Identifies as Substantive:
The fact sheet lists several substantive violations: failure to prepare or present Form I-9, late completion of Sections 1 or 2, use of the Spanish-language I-9 outside Puerto Rico, missing employee details in Section 1, incomplete List A, B, or C documentation, missing employer representative details in Section 2, missing preparer or translator information when required, and incomplete reverification or rehire information in Supplement B.
ICE also considers it a substantive violation to omit the alternative-procedure box when using an authorized method or to use the method without meeting E-Verify or DHS requirements.
Penalties and Retention:
Current penalties for I-9 paperwork violations range from $288 to $2,861 per violation, adjusted annually. ICE calculates penalties based on the number of substantive and uncorrected technical violations, then adjusts by up to 25% based on business size, good faith, seriousness, unauthorized worker involvement, and prior violations.
Employers must retain Form I-9 for each current employee and, for former employees, for at least three years after hire or one year after employment ends, whichever is later. As best practice, employers should keep I-9s and any retained supporting documents in a separate I-9 file or system, not in individual personnel files.
Take-Aways:
Do not assume HSI will treat minor I-9 mistakes as technical defects with an opportunity to fix them. When receiving a Notice of Inspection, employers have only three business days to provide requested I-9s, so HR should proactively audit I-9s, review remote onboarding, confirm electronic systems comply, and train staff. Employers unsure about compliance should consult employment or immigration counsel.
For further information, please contact Tim Bowles, Cindy Bamforth, or Helena Kobrin.
See also:
Cindy Bamforth
June 19, 2026
While AI can assist lawyers, it cannot replace them. The signing attorney is responsible for every filed citation, quotation, and legal proposition. The lawyer also must immediately report AI hallucinations found in filings. A cover-up may be punished more harshly than the botched brief.
Into the What-Were-They-Thinking Department entered two Orange County lawyers, filing briefs the federal appeals court later found to contain “multiple nonexistent cases, misattributed quotations, and gross misrepresentations of real cases.” Claiming the errors were innocent typos, the attorneys denied the possibility that generative artificial intelligence might have produced the errors. The Court, finding otherwise, sanctioned the lawyers, including a six-month suspension from the practice of law. Anu v. Blanche (June 3, 2006).
Along the way, one of the lawyers eventually conceded it was “possible” AI had been used by the law student who drafted the briefs. While the attorney “reviewed” them before filing, “no licensed attorney read the cases cited ...”
While not condemning generative AI as inherently unethical, the Court noted the tool prone to “hallucinations”—fabricated authorities and inaccurate legal statements. Even legal-specific tools from major research providers had reported hallucination rates of 17% and 33% on a representative set of legal queries in 2024.
A competent lawyer must do more than ask AI, confirm the cited case exists, and “call it a day.” The lawyer must “read and reason,” responsible for analysis of the referenced authorities.
However once called out, the lawyers went all-in, offering fictional justifications for their breaches of diligence and candor. The three-judge panel further found these as knowing or “recklessly false statements” to the Court.
The Court thus sanctioned each attorney $2,500, suspended them from practice before the Ninth Circuit for six months, and directed them to provide the disciplinary order to their clients, opposing counsel, presiding judges in all pending cases and every attorney in their firm.
For two years, the lawyers and all attorneys at their firm must include in filings a sworn statement disclosing whether generative AI was used, identifying the tool, and certifying that the signing attorney personally reviewed the filing and verified that all citations and quotations refer to existing authority.
Boom.
While AI can assist lawyers, it cannot replace them. The signing attorney is responsible for every filed citation, quotation, and legal proposition. The lawyer also must immediately report AI hallucinations found in filings. A cover-up may be punished more harshly than the botched brief.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
● Techno Train Wreck - Lawyers v. Artificial Intelligence (May 8, 2026)
● Automatic Behavior Modification - Curbing AI's Potential for Workplace Discrimination (August 28, 2025)
● Workplace Artificial Intelligence - EEOC Goes Old School (May 23, 2023)
Tim Bowles
June 12, 2026
Effective July 1, 2026, several California cities and counties will increase their local minimum wage rates. To keep track of interim updates, see the UC Berkeley Center for Labor Research and Education.
Effective July 1, 2026, several California cities and counties will increase their local minimum wage rates.
To keep track of interim updates, see the UC Berkeley Center for Labor Research and Education.
For employers with remote employees in multiple jurisdictions or employees who travel across different cities and counties, applicable minimum wage rates may vary based on each employee’s work location(s). To simplify compliance, some employers choose to pay the highest applicable minimum wage across all locations.
Some industries, such as fast food, hotels, and healthcare, have separate minimum wage requirements. Employers in those and other specialized industries should check on whether a special minimum wage applies to their industry.
Covered employers must conspicuously post the applicable wage notice or notices, which are available through the links above.
See also:
Helena Kobrin
Daniska Coronado
June 11, 2026
A company establishes its brand by a correctly-used and protected trademark or service mark. Trademarks protect tangible goods and service marks protect services.
A company establishes its brand by a correctly-used and protected trademark or service mark. Trademarks protect tangible goods and service marks protect services. Companies must take appropriate steps to safeguard such important and valuable assets.
An important first step is to choose a strong mark. Look for one that no one else is using for the same or similar products or services. It also should not copy a particular use by a strong brand, such as using “’R Us” with Toys or some other word.
It also must not be too generic or descriptive of products or services. For example, if a business sells candy, it cannot register “Candy Store” for its trademark, but if it sells clothing, it may be able to do so.
Once a mark has been selected, register it with the US Patent and Trademark Office to protect from unauthorized use. Maintaining registration and complying with use requirements guard against pilfering of a mark’s acquired goodwill.
A trademark attorney can obtain appropriate searches for users of similar marks and can advise whether a mark is a good candidate for USPTO registration. It is possible to purchase a trademark search directly. However, without review by a qualified attorney, the search may have little value and the trademark can be challenged after a company has invested in using it.
A registered trademark owner must file with the USPTO every few years to maintain protections. Calendars are highly recommended for such legal dates.
Our firm is available to help select, vet, register and maintain trademarks and service marks.
Take-Aways:
Hire a qualified trademark attorney to help choose, register and maintain strong trademarks with the proper, timely USPTO filings.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
The Annals of Trademark Number 2: Selecting a Mark Part 1 (October 24, 2014)
The Annals of Trademark Number 1: What is a Trademark? (October 16, 2014)
Copyright Protection: How Long are Copyrights Protected? Not So “Elementary My Dear Watson!”
Helena Kobrin
June 5, 2026
California employers had to give employees written notice by February 1, 2026, and offer them the opportunity to name an emergency contact for arrest or detention notification by March 30, 2026.
California employers had to give employees written notice by February 1, 2026, and offer them the opportunity to name an emergency contact for arrest or detention notification by March 30, 2026. Employers who have missed these deadlines should act immediately.
As previously reported in Heads-Up: Know Your Rights Law — Emergency Contacts Designations (March 27, 2026) and What's New in 2026: Sign of the Times (January 9, 2026), California's Workplace Know Your Rights Act (Labor Code sections 1550–1559) requires employers to:
Multilingual Notices Now Available
The Labor Commissioner's template notice is available on the DLSE Workplace Postings page in 11 languages: English, Spanish, Chinese (simplified), Chinese (traditional), Vietnamese, Korean, Tagalog, Hindi, Punjabi, Arabic, and Urdu. Employers should use the language they normally use to communicate with each employee.
Penalties Apply
The Labor Commissioner and public prosecutors enforce these rules. Civil penalties are up to $500 per employee per violation. Emergency-contact violations may reach $500 per employee per day, capped at $10,000 per employee.
Take-Aways:
Employers who have not provided the annual notice in the appropriate language or offered employees the chance to designate an emergency contact should do so now and update onboarding processes accordingly.
For further information, please contact Tim Bowles, Cindy Bamforth, or Helena Kobrin.
See also:
Cindy Bamforth
June 4, 2026
Equal Employment Opportunity Commission regulation requires private employers with more than 100 workers, and federal contractors and first-tier subcontractors with 50 or more employees or with contracts worth more than $50,000, file an...
Equal Employment Opportunity Commission regulation requires private employers with more than 100 workers, and federal contractors and first-tier subcontractors with 50 or more employees or with contracts worth more than $50,000, file an annual EEO-1 report addressing demographic data by number of employees, race/ethnicity, sex, and job category.
The required filing date changes annually. This year, the EEOC has not yet announced the filing window. However, a “rescission” proposal is pending with the White House’s Office of Management and Budget that reportedly will eliminate the requirement altogether.
If the federal EEO-1 reports go by the boards, California’s pay data reporting law remains, mandating private employers with 100 or more employees (with at least one employee in California) to annually submit detailed, establishment-specific information to the Civil Rights Department. This year’s deadline was May 13, 2026. Late filings carry a mandatory $100 penalty for the first offense, $200 subsequently.
Take-Away:
Employers of all sizes should calendar and comply with applicable federal, state and local government reporting deadlines.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Helena Kobrin
May 29, 2026
Clearly written policies and procedures support productivity, reduce confusion, and limit preventable employment disputes. Employers who rely on outdated forms or handbooks risk unnecessary exposure as employment laws continue to change.
Clearly written policies and procedures support productivity, reduce confusion, and limit preventable employment disputes. Employers who rely on outdated forms or handbooks risk unnecessary exposure as employment laws continue to change.
Our 2026 workplace policy forms and handbook provide a practical “hire-to-fire” foundation to align workplace operations with current legal requirements.
2026 Model Forms include:
All 2026 forms orders also include sample hiring checklists, providing practical guidance to help ensure consistent, documented compliance throughout the onboarding process.
2026 Model Employee Handbook (80+ Pages) includes:
Client Feedback:
“Tim’s office makes HR matters so much easier! We just have to do what they tell us to do. We order their updated hiring forms and employee handbook each year and it keeps us protected simply with the correct up-to-date wording (since laws are always changing) that we would otherwise not know about. Just the hiring forms alone have saved us thousands of dollars in one lawsuit. We also take part in their yearly HR seminar, which keeps us up-to-date on new laws and key points to follow to keep us protected. I HIGHLY recommend any employer to connect with Tim and his team – especially in these current times!” – LO
CONTACT US TO ORDER NOWTo order or for more information, contact Office Manager Aimee Rosalesat 626.583.6600 or email her at officemgr@tbowleslaw.com
May 27, 2026
Picture the HR director in receipt of this email: Dear Ms. Smith: After my more than five years of excellent work, you abruptly and cruelly fired me yesterday.
Picture the HR director in receipt of this email:
Dear Ms. Smith:
After my more than five years of excellent work, you abruptly and cruelly fired me yesterday. You said I was discharged over some reports of my sexually harassing a younger female co-worker. No way. We were just talking. She liked me.
The timing tells the real story. The day before, I told you I had a headache and needed to leave early. Clearly, the proffered harassment rationale is a pretext for disability-based discrimination and retaliation under the Americans with Disabilities Act and California’s Fair Employment and Housing Act.
California law gives real force to these protections. In Brown v. State, 41 Cal.4th 620 (2007), the California Supreme Court recognized the law protects qualified employees with disabilities. Cousins v. Bethlehem Steel, 23 Cal.4th 612 (2000) confirms that an employer’s asserted legitimate reason may be challenged as pretext. Franks v. Department of Commerce, 37 Cal.4th 210 (2005) underscores that such issues require serious, evidence-based analysis—not a convenient after-the-fact explanation for an unlawful discharge.
To resolve this without litigation, I demand payment of $100,000 by next Thursday at 5:00 p.m. Otherwise, I will file suit on Friday and go to trial seeking a minimum of $5,000,000.
Sincerely,
Joe Jones***
Those three case decisions are fake. Mr. Jones’s analysis is seemingly plausible only because he plugged in a stilted, false narrative into his chatbox. Yet, this is small comfort to company management having to hire expensive defense counsel to fight an “AI-armed” do-it-yourself litigant, ready to exact revenge by filing push-button motions and other papers until he can extricate an extortionate sum on settlement.
While the scenario is fictitious, the spread of “pro se” (self-represented) plaintiffs suing their former employers aided by spurious AI memos and maneuvers is very real. See, AI Hallucination Cases Database – Damien Charlotin (currently counting 1,459 identified cases worldwide with generative AI produced hallucinated content).
From Kristin White, Fisher Phillips lawyer:
“There’s not really the option of a nuisance settlement, because for these individuals it’s hundreds of thousands of dollars to make them go away … So you have to litigate, and you have to be aggressive.”
From “The ChatGPT Plaintiff: How AI Is Transforming Employment Litigation, Driving Up Defense Costs, and What In-House Counsel Can Do About It | Fisher Phillips LLP” (Feb. 26, 2026)
Take-Aways:
This phenomenon is only likely to accelerate, demanding that management ensure workplace policies and protocols are up-to-date compliant, with worker complaints addressed professionally and resolutions thoroughly documented. In the event of an AI-fueled groundless or inflated legal action, an employer will thus have maximum possible materials in defense.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
● Retaliation Red Flags - Best Practices to Prevent Claims (April 17, 2026)
● File Flaws - Top Five Personnel File Errors (April 9, 2026)
● 72 Million Reasons Not to Mess With Women - Employer Agrees to End Widespread Sex Discrimination (February 16, 2024)
Tim Bowles
May 22, 2026