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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.

06/12/2026

California's construction law landscape changed on January 1, 2026, and owners, contractors, and subcontractors should make sure they're prepared.

Two key laws now apply to many private construction contracts entered into on or after January 1, 2026:

• SB 61 limits retention on most private projects to 5% of the payment and 5% of the total contract value, with limited exceptions. It also requires retention provisions in subcontracts to align with the prime contract and cannot be waived.

• SB 440, the Private Works Change Order Fair Payment Act, creates a structured claims resolution process for private projects and imposes significant consequences for noncompliance. Owners must timely respond to claims, identify disputed and undisputed amounts, and promptly pay undisputed sums. Late payments may accrue interest at 2% per month, and in certain circumstances, contractors may have the statutory right to suspend work if payment obligations or claims procedures are not followed.

These new requirements can have a substantial impact on contract drafting, payment practices, and dispute resolution procedures. Owners, contractors, and subcontractors should review their existing contract forms and internal processes to ensure compliance with the new laws.

Proactive planning today can help avoid costly disputes tomorrow.

06/05/2026

Can exempt employees pick up extra nonexempt work and be paid hourly for it? According to a new U.S. Department of Labor opinion letter, yes, if structured correctly.

The DOL recently confirmed that employers may pay exempt employees additional hourly compensation for performing nonexempt work, provided the employee's primary duty remains exempt and they continue to receive a guaranteed salary that satisfies the salary-basis test.

For employers, the key takeaways are:

✔️ The employee's primary duty must remain exempt work
✔️ A compliant salary must be maintained regardless of hours worked
✔️ Additional compensation should be supplemental to, not a replacement for, the salary
✔️ Regularly review job duties and time allocation to ensure exempt status is not jeopardized

The opinion serves as a reminder that exempt employees can wear more than one hat, but employers should carefully monitor how much time is spent on nonexempt duties. If the balance shifts too far, overtime obligations may follow.

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! 🌸🐣

Address

9845 Erma Road
San Diego, CA
92129

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

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+18584535033

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http://bit.ly/parkmanfirm

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