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The Parkman Law Firm

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The Parkman Law Firm

We provide a free initial consultation of your legal matter.

Our firm can assist you with civil litigation, construction law (mechanics liens, stop notices, payment bonds, Miller Act claims, extra work), business law (Corps & LLC), wills and trusts.

05/25/2026

Happy Memorial Day from The Parkman Law Firm! 🇺🇸

05/15/2026

California employers: annual workplace violence prevention compliance should already be on your radar.

Labor Code section 6401.9 requires employers to review the effectiveness of their workplace violence prevention plans at least annually, after a workplace violence incident, and whenever deficiencies become apparent. With the law having taken effect on July 1, 2024, many employers are now approaching their first annual review deadline.

At a minimum, employers should review:
• The violent incident log
• Procedures for employee involvement
• Reporting channels and response procedures
• Investigation and communication practices
• Lessons learned from prior incidents or investigations

The law also requires annual workplace violence prevention training covering workplace-specific hazards, reporting procedures, and strategies to avoid physical harm.

Adding to the compliance landscape, Cal/OSHA released a revised draft workplace violence prevention regulation on April 23, 2026, proposing expanded coverage, additional definitions, post-incident procedures, recordkeeping obligations, and enhanced training requirements. For now, however, employers’ obligations remain governed by Labor Code section 6401.9.

Employers that implemented their programs in spring or summer 2024 should consider calendaring annual reviews and retraining now to avoid compliance gaps later.

05/10/2026

Happy Mother’s Day from all of us at The Parkman Law Firm! We’re here because of strong women, and we are so grateful for all of the moms in our lives.

05/01/2026

California is changing how construction change order disputes get handled.

Senate Bill 440, the Private Works Change Order Fair Payment Act, introduces a structured claim resolution process for private construction contracts entered into between January 1, 2026 and January 1, 2030. The goal is to reduce delays, improve payment timelines, and create more accountability between owners and contractors.

Here is what matters in practice:

Contractors and subcontractors can now formally submit claims for time extensions or change order payments. Once a claim is submitted, owners must meet and confer within 30 days, then identify disputed versus undisputed amounts within 10 days after that meeting.

Undisputed amounts must be paid within 60 days. If not, they accrue interest at 2 percent per month. The same interest applies to disputed amounts that are later determined to be owed.

If disputes remain, the law requires a resolution process that includes nonbinding mediation. Owners who ignore the required timelines or refuse to participate risk a stop work notice, with contractors permitted to halt work 40 days later.

Importantly, parties can still negotiate additional claim and dispute procedures in their contracts, but those provisions cannot conflict with SB 440’s mandatory timelines.

What should you do now:

• Review and update change order and claims provisions in contracts
• Align internal processes to meet strict response and payment deadlines
• Clarify how subcontractor claims are handled upstream
• Use clear, well-drafted language to limit exposure to unsupported claims

Bottom line: SB 440 raises the stakes on timing, documentation, and coordination. Contractors gain leverage on payment timing, while owners face stricter compliance obligations. Both sides should revisit their contracts and processes now to avoid costly disruptions later. Contact us for help.

04/24/2026

The Federal Trade Commission’s nationwide noncompete rule may be gone, but enforcement is not.

Instead of pursuing a blanket ban, the FTC is now challenging noncompete agreements through investigations, warning letters, and consent orders. Recent enforcement actions make clear that restrictive covenants remain a priority, particularly where employers rely on broad, one-size-fits-all restrictions.

Based on recent FTC activity, employers should consider the following steps:

• Avoid blanket noncompetes that apply to all employees regardless of role, compensation level, or access to confidential information
• Limit noncompetes for lower-wage workers and employees unlikely to possess trade secrets or competitively sensitive information
• Document legitimate business interests supporting each restriction
• Review any no-hire or no-poach arrangements between companies for antitrust risk
• Take extra care with noncompetes in healthcare roles that may affect patient access to services
• Confirm compliance with applicable state law, which may be stricter than federal standards

Recent FTC consent orders involving Gateway Services, Adamas Amenity Services, and Rollins provide a roadmap for how the agency is evaluating noncompetes now. The key takeaway is that the absence of a nationwide rule does not reduce enforcement risk. Employers should review restrictive covenant agreements proactively rather than assume they are low priority for regulators.

04/17/2026

Keep your employees cool (or at least try).

OSHA has issued a revised National Emphasis Program (NEP) targeting heat-related hazards in both indoor and outdoor workplaces across general industry and construction. While the program replaces the 2022 version, employer expectations remain largely the same.

OSHA continues to expect employers to implement practical heat illness prevention measures, including:

• Training employees to recognize symptoms of heat illness and understand risk factors such as medications and medical conditions
• Providing appropriate PPE, such as hats, reflective or loose-fitting clothing, and cooling gear where appropriate
• Using engineering controls like air conditioning, fans, and shade
• Applying administrative controls such as scheduling hot work during cooler hours, ensuring access to cool drinking water and rest breaks, and allowing time for acclimatization

Although OSHA describes these steps as voluntary, employers have historically received citations under the General Duty Clause for failing to address heat hazards.

The NEP authorizes both programmed inspections in targeted industries (including warehousing, bakeries, foundries, sawmills, and waste collection) and unprogrammed inspections based on complaints, referrals, or hazards observed during other inspections. OSHA may also initiate inspections during National Weather Service heat advisories, which can occur when the heat index reaches 80°F or higher.

During inspections, compliance officers will evaluate whether employers are acting in good faith to provide water, rest, shade, training, and acclimatization practices. Because OSHA does not provide a precise compliance formula, employers should maintain a written heat illness prevention policy and be prepared to demonstrate consistent implementation.

States with their own OSHA plans are encouraged to adopt comparable enforcement approaches.

04/11/2026

New Executive Order Targets DEI Practices in Federal Contracting

On March 26, 2026, President Trump signed an executive order titled Addressing DEI Discrimination by Federal Contractors, significantly expanding compliance obligations for federal contractors and subcontractors.

The Order requires agencies to incorporate a mandatory contract clause prohibiting race- or ethnicity-based disparate treatment across employment decisions, contracting practices, and participation in contractor-sponsored programs. This marks a shift away from prior certification-based requirements and instead embeds compliance directly into federal contract terms.

The clause applies broadly and may reach hiring, promotions, vendor selection, training programs, mentorship initiatives, leadership development opportunities, and certain supplier diversity efforts. Contractors must also provide agencies access to records necessary to assess compliance and monitor subcontractor conduct.

Noncompliance may result in contract termination, suspension or debarment, ineligibility for future federal work, and potential exposure under the False Claims Act, which the Order identifies as a key enforcement mechanism.

With agencies required to begin implementing the clause by April 25, 2026, federal contractors should review existing DEI-related policies and subcontracting practices now and evaluate potential compliance risks. Contact us for more information.

04/05/2026

Happy Easter from The Parkman Law Firm! 🌸🐣

03/31/2026

The U.S. Department of Labor’s Wage and Hour Division has proposed a new rule that would rescind the Biden Administration’s 2024 independent contractor regulation and replace it with a framework similar to the economic reality test adopted in 2021.

The proposed rule centers on two primary factors in determining whether a worker is properly classified as an independent contractor or an employee under the Fair Labor Standards Act:

1. The nature and degree of control over how the work is performed
2. The worker’s opportunity for profit or loss based on initiative or investment

Additional considerations may include the level of skill required, the permanence of the working relationship, and whether the work is part of an integrated production process. Notably, the proposal emphasizes that actual working conditions will carry more weight than contractual language.

If finalized, the rule would also apply the same analytical framework to worker classification under the FMLA and the Migrant and Seasonal Agricultural Worker Protection Act.

While the 2024 rule relied on a broader totality-of-the-circumstances approach without prioritizing specific factors, the current proposal would formally codify the return to the two-factor economic reality framework already reflected in recent enforcement guidance.

Industries that rely heavily on independent contractors, including transportation, delivery services, technology platforms, and creative services, may see the most immediate impact. However, employers should remember that stricter state classification standards still apply in certain jurisdictions. In CA, the ABC test under AB 5 remains in effect, although recent updates under AB 1514 adjusted certain exemptions effective January 1, 2026.

Employers that rely on independent contractors should consider reviewing their classification practices in light of the proposed changes.

03/21/2026

2026 AI regulatory developments employers and businesses should be watching

Artificial intelligence regulation continues to expand rapidly at both the state and federal level. Employers using AI tools for hiring, workforce management, or operational decision-making should expect increased compliance obligations in 2026 and beyond.

Key developments to monitor include:

• New requirements under the EU AI Act, including transparency obligations and compliance rules for certain high-risk AI systems taking effect in 2026

• Expanding regulation of automated decision-making tools at the state level, including upcoming requirements under California privacy regulations and the Colorado AI Act affecting businesses that use AI to make significant decisions about consumers or employees

• Increased enforcement activity by state Attorneys General involving alleged algorithmic discrimination and unfair business practices tied to AI use

• Greater expectations from regulators, auditors, and insurers regarding cybersecurity controls across the full AI lifecycle, including vendor oversight and model risk management

• New transparency and safety framework requirements for frontier AI developers under recently enacted California and New York legislation

• California AB 2013 training data disclosure obligations for developers of generative AI systems

• Continued scrutiny of AI chatbots, particularly those interacting with minors

• Ongoing federal activity involving healthcare AI oversight, including guidance from HHS and the FDA alongside expanding state regulation in the same space

• Expected conflict between federal policy goals favoring lighter national standards and state-level regulatory efforts in jurisdictions such as California, New York, Colorado, and Illinois

• Anticipated congressional proposals aimed at creating a national AI regulatory framework

Employers should begin evaluating how AI tools are used across hiring, performance management, operations, and customer interaction workflows. Contact us for more information.

Address

9845 Erma Road
San Diego, CA
92129

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Telephone

+18584535033

Website

http://bit.ly/parkmanfirm

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