Honesty and integrity being mainstays of the legal profession – and most, but not necessarily all, others – AI has empowered some not-so-kosher members of the bar to new lows of disrepute. For example:

In Mata v. Avianca, a 2023 case, plaintiff’s counsel filed papers citing cases with plausible names, reporter citations, judges, procedural histories, and quotations. When the opposition could not locate the cases, the lawyers went all in, submitting supposed copies and excerpts of the “opinions”—also generated by ChatGPT.  The judge imposed sanctions on the individual lawyers and their firm, including a $5,000 penalty and notice to the judges whose names had been falsely attached to fabricated opinions.

In Benjamin v. Costco Wholesale Corp. (2025), another lawyer turned late-night to an AI tool to write a reply that contained five fake cases. She later admitted she had not read or cite-checked the authorities and had only skimmed the AI-generated work. “A client expects that her attorney will vigorously pursue her case and make persuasive arguments on her behalf to the court. And she expects that the lawyer will perform the work in an efficient manner. Likewise, courts expect submissions from attorneys to be accurate. They similarly anticipate counsel will identify the appropriate authority supporting a legal position presented to the court. None of that happened here.” Result: $1,000 monetary sanctions.

In ByoPlanet International, LLC v. Johansson (2025) an attorney repeatedly used ChatGPT-generated material across multiple related federal and state cases. The filings included hallucinated cases and fake quotations from real ones.

The judge observed: “During a bygone era when dinosaurs roamed the earth and the undersigned was in law school (1998), to research cases a student often had to hold a volume of a legal reporter in one's hands. To ensure that all cases cited were good law, students and attorneys employed services like Shepard's Citations. But even in that dark, pre-modern age, stars rose in the distance; online legal sources, such as Westlaw and LexisNexis, came forth to aid lawyers in performing legal research…

“Now, another star rises—AI—with the potential to revolutionize the legal field (and much else) once again. From Altman to Zuckerberg, we are told that AI has the potential to perform hours of legal research on nearly any topic in seconds. Large language models like ChatGPT offer the promise to employ AI to perform legal research and even draft legal filings, such as briefs and complaints.

“However, AI is not yet a match for an actual litigator. Employing the euphemism-du-jour, AI regularly ‘hallucinates’ entire cases and ‘hallucinates’ quotations from real cases.”

The judge thus dismissed several of that lawyer’s cases, ordered him to pay the opposing party’s attorney fees and referred the offender to the state bar for discipline.

Take-Away:

While these instances involve lawyers, the cautions of course also apply to business owners, managers, human resources directors and responsible professionals across the boards.  On employment issues, management should not rely on AI-generated directives.  There is no substitute for experienced competent legal counsel.

See also:

• Retaliation Red Flags - ‍Best Practices to Prevent Claims (April 17, 2026)
• Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)
• Know the Boundaries – Mandatory Sexual Harassment Prevention Training (December 19, 2025)

Tim Bowles

May 8, 2026

California private employers should confirm whether they must file 2025 pay data reports with the California Civil Rights Department (CRD), due May 13, 2026. Covered employers submit these through the CRD’s Pay Data Portal. The program aims to identify and deter pay disparities based on sex, race, and ethnicity.

Private employers with 100 or more payroll employees must file a payroll employee report. Those with 100 or more labor contractor workers must file a separate labor contractor employee report. Reports must include employees based in California or assigned to a California establishment.

Employers must report workforce data by establishment, job category, race, ethnicity, sex, pay band, hours worked, median and mean hourly rate, and NAICS code, using a workforce snapshot from a pay period between October 1 and December 31, 2025. The CRD indicates this year’s pay data reports must also include employees’ overtime pay exemption status, employment type, and weeks worked during the reporting year.

If an employer fails to file, the CRD may seek a compliance order and recover costs. Courts may impose civil penalties of up to $100 per employee for a first violation and up to $200 per employee for subsequent violations. Labor contractors may share penalties for failing to provide required pay data.

Take-Aways:

Covered California employers must verify filing obligations, gather data promptly, and submit pay data reports by May 13, 2026. The process promotes pay equity and reduces penalty risk.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Employer Pay Data Reports - State Website a Valuable Aid for Making the May 13, 2026 Deadline (February 13, 2026)
• Retaliation Red Flags - ‍Best Practices to Prevent Claims (April 17, 2026)
• Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)

Cindy Bamforth

May 7, 2026

Many people with disabilities need special accommodations to use websites.

Although the government proposed a web accessibility rule years ago, it never became final. Meanwhile, the World Wide Web Consortium (W3C), has published Web Content Accessibility Guidelines (WCAG), and some courts have adopted versions of these standards.

In 2024, the Civil Rights Division of the Department of Justice made WCAG Version 2.1, Level AA the official web and mobile app accessibility standard for state and local governments.  This rule does not yet apply to private businesses, but the federal government could adopt a similar rule for them.  Some courts already require it.

Governments with 50,000 or more people must comply by April 26, 2026. Cities, municipalities with fewer than 50,000 people, and special district governments have until April 26, 2027.

A Fact Sheet on ada.gov summarizes the final rule’s main points. Key highlights include:

• Federal, state and local governments must meet this standard in their mobile apps and websites;
• The rules apply even if an outside vendor creates and/or maintains the app or website; and
• Some content is not covered, such as archived materials from before the final rule, older electronic documents, third-party content like posts from the public, individual password-protected documents (like a water bill), and preexisting social media posts.

Take-Away:

Companies with websites or apps should work with knowledgeable IT staff or consultants to ensure their sites meet accessibility standards. WCAG Version 2.1, Level AA is the recommended standard.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Ahead of the Curve: Workplace Policy Handbook and Forms for 2026, (April 17, 2026)
• Don't Fix What Ain't Broken: Walmart Tagged For Cancelling Accommodations And Terminating Disabled Worker, March 13, 2026)      
• Who Lurks About Your Website? Lawyers are Trolling for Disability Access Claims (Sept. 3, 2021)

Helena KobrinApril 23, 2026

Retaliation claims remain a major workplace risk for California employers. Retaliation under state law means taking negative action against an employee for engaging in protected activity, i.e., adverse action that could discourage a reasonable person from speaking up or participating in a workplace process.

‍Recognize Protected Activity

‍Protected activity goes beyond formal complaints. Examples include:

• reporting discrimination or harassment;
• complaining about unpaid wages or missed breaks;
• requesting medical leave or other protected leave;
• requesting disability, pregnancy, or religious accommodation;
• raising safety concerns or suspected violations;
• participating in an internal investigation; or
• filing a workers’ compensation claim.

Recognize Actions That Create RiskRetaliation claims often involve negative actions after protected activity, such as:

• termination or layoff;
• demotion or pay cut;
• reduced hours or schedule changes;
• harsher-than-usual discipline;
• unfavorable transfer;
• removal of duties;
• denial of training or promotion; or
• increased scrutiny or micromanagement

Document Issues in Real Time

‍Supervisors must document attendance, conduct, or performance issues promptly. Timely records show decisions are based on business reasons, not protected activity.

‍Review Discipline Carefully

‍Discipline soon after protected activity may appear retaliatory. For example, an employee receives a poor review after complaining about discrimination; or loses shifts after raising wage concerns. Before acting, employers must confirm facts, review documentation, and ensure consistency with past practices.

‍Apply Policies Consistently

‍If similar conduct usually results in coaching or a verbal warning, do not impose harsher discipline on an employee recently engaged in protected activity without clear, documented reasons.

‍Take-Aways:

When supervisors recognize protected activity, apply policies consistently, and document decisions clearly, employers reduce retaliation risk.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• File Flaws - Top Five Personnel File Errors  (April 9, 2026)
• Plot Twist - Book Thrown at Children's Society for Alleged Workplace Retaliation (April 2, 2026)
• Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)

Cindy Bamforth

April 17, 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.

Our 2026 workplace policy forms and handbook provide a practical “hire-to-fire” foundation to align workplace operations with current legal requirements.

‍Lock in current pricing before rates increase on May 15, 2026.

Contact our Office Manager at 626.583.6600 or email officemgr@tbowleslaw.com to request your order form today.

‍2026 Model Forms include:

• Employment application and job description prototype, including key requirements for Americans with Disabilities Act compliance and California’s constitutional privacy protections;
• Pre-employment protocols, structured to meet current legal standards;
• Employment agreement, including protection of confidential company data;
• Alternative dispute resolution agreement, reflecting current arbitration requirements;
• Meal and rest period acknowledgments, confirming employer provision of required breaks;
• Termination paperwork, including new separation checklist and updated sample severance release agreement (to be applied as appropriate for full transition and greater protection against later, preventable suits); and
• Paid sick leave sample policies.

‍

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:

• Employment conditions, including mutual “at will” termination rights;
• Discrimination and harassment prevention and complaint procedures;
• Employee compensation and benefits;
• Performance expectations;
• Limits of employee privacy, including valid management access to employee-maintained databases and social media guidelines;
• Paid and unpaid leaves;
• Workplace health and safety;
• Job-related injury or illness; and
• Drug and alcohol policy, including testing and violations procedures and standards.

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 NOW

‍

April 17, 2026

Under California’s "ABC" test,  a worker is an employee unless the company can establish that he or she (a) is free from the company’s control and direction; (b) performs work outside the usual course of the company's business; and (c) operates as an independent business of the same nature as the work performed.  For example, if a finance company hires a plumber to fix an office toilet, (a) the company does not tell the plumber how perform repairs; (b) the company does not do plumbing; and (c) the plumber operates an independent plumbing business.

The California legislature created several somewhat arbitrary exceptions to the ABC test that have been approved by federal and California courts.  See Question 4 of Independent contractor versus employee FAQs.

A written agreement is essential to meet any exception.  Most exceptions still require companies to establish that all prongs of a separate multi-factor test are met, including primarily the extent of the company's right to control the manner and means of work performance, and actual control. The company must also satisfy other state and federal criteria, including the IRS factors and the federal Department of Labor's Rule, currently under a revision process, with principal factors being:

• the economic reality of the relationship, i.e., is the worker dependent on the company or running his/her own business?;
• what control does the company have over the worker?; and
• what opportunity does the worker have to make a profit?

California misclassification consequences can include liability for unpaid wages for up to four years including possible overtime and missed breaks; itemized wage statement violations up to $4,000 per worker; waiting time penalties; liability under California's Private Attorneys General Act between $5,000 to $25,000 per violation; and attorneys' fees and court costs.

‍Indications of misclassification include:

• Company control over the worker’s performance, including schedule and how the work is done;
• No written independent contractor agreements;
• Independent contractor agreements that go on indefinitely or for a long term;
• Paying someone on 1099 basis to avoid payroll taxes or upon the worker’s request;
• Requiring contractors to work on an exclusive or full-time basis;
• Having contractors and employees performing the same job functions;
• Rehiring former employees as contractors for the same job;
• Paying contractors by the hour;
• Not requiring invoices from contractors;
• Providing contractors "benefits" such as paid vacation and expense reimbursements;
• Hiring contractors whose main area of expertise or work is in a different field;
• Having contractors perform central functions; and
• Hiring contractors who claim to have their own businesses without verifying.

Take-Aways:

A worker’s status is not a matter of personal preference of the company or the worker.  Assume workers are employees unless they unequivocally meet all legal requirements to qualify as independent contractors. Consult with a skilled management-side employment attorney to ensure you are analyzing the issues correctly.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Seemed Like a Good Idea: Home Care Outfit to Pay $2.3M for Misclassifying Caregivers as Independent Contractors (March 21, 2025)
• Sweat the Details - Friendly Workplace Practices Audits Before PAGA Comes Calling (January 24, 2025)
• California Invests $18 Million to Prosecute Wage Theft (March 8, 2024)

Helena Kobrin

April 10, 2026

California employers must keep complete personnel files, including signed acknowledgments, disciplinary and grievance-related records, performance reviews, and education and training records. State law gives current and former employees the right to inspect and copy records related to job performance, education and training, and grievances.  Strong file practices enable employers to respond quickly and reduce risk.

Avoid these common mistakes:

1. Don’t mix medical information

Store medical records, e.g., doctor’s notes, accommodation requests, and leave of absence certifications in a separate confidential file.

2. Don’t include I-9 forms

Keep I-9s in a separate file to limit access to unrelated records during inspections or audits.

3. Don’t leave investigation materials in personnel files

Maintain investigation notes, witness statements, and related materials in a separate, secure file to protect confidentiality and preserve any applicable privilege.

4. Don’t document inconsistently

Document all performance and disciplinary issues consistently. Gaps and inconsistencies can undermine subsequent employment decisions.

5. Don’t record only negative performance

Document both positive and negative performance to build a complete, credible record.

Take-Aways:

Audit personnel files periodically for organization, completeness, and compliance. Maintain separate files for medical records, I-9s, and investigation materials. Since recordkeeping rules vary, retain personnel records for at least four years or longer if claims or disputes occur in the interim. Respond to file requests on time, and consult legal counsel as needed.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

   • Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)

    • Personnel Records Access - Employee Rights Expanded (November 7, 2025)

    • Preservation Salvation (April 27, 2023)

Cindy Bamforth

April 9, 2026

‍

A tale on the eve of law school and all that followed:

Varanasi to Delhi, 11/20 to 11/21/1973

“Mirage” is his name presently.  My traveling companion amazes. At 31, he’s a Boston College School of Law graduate, leaving for the hippie life one day before he was to leave for Vista training and the legal defense of the other “Indians,” North American style.  M explains his law education as being perhaps mostly a ploy to escape the draft.

The afternoon is mostly resting for tonight’s 13 UP INDIA express to Delhi, strictly 3rd class. We take a last meal at the Mei-Li Chinese, about as American as could be had, (chicken) egg omelet, fries and two cakes all to the tune of “I’m a Soul Man” from Tom Jones Live at Caesar’s Palace!

We get our loads together. Mirage sold his pack in Kathmandu, replacing it with a gunny sack tied with clothes line and suspended off his head Nepalese style.  We find ourselves in the train station, only mildly surprised to learn the Upper India Express is an hour late. We sit on a wooden crate, watching the dusk fade and world go by. Rich people with lines of porters behind them; the not-so-rich squatting by their things, waiting as we are. The poor, old and young, propelling themselves from soul-to-soul in quest of baakseech, one man crawling on his hands and knees, his god-given walking platforms otherwise shriveled and deformed.

Freight and passenger trains pull in, pull out. A curious person asks our names and country, giving five or six others reason to get close, listen and look. That hour late comes and goes. Then here come 13 UP pulled by a huge steam locomotive. The heat and mass of the lead engine drives us back, then we edge in close to the moving cars ready to spring on the first slow moving 3rd class. And there it is. I pile through, my pack a body block to those behind me, and a massive sea anchor to those piling out. In the sixty seconds of ensuing chaos, we have carved out our settlement on one spare seat in the human jungle. Humanity is packed solid all over, coming through windows, sitting upon the luggage racks. They are packed six on the wider seats and everyone else on the floor.

Namaste, Benares and into the night, window up at the short stops, down for the cool breeze while underway. At the stations, the scent of excrement floats out from the nearby bathrooms. So good to get going again, every time.  Babes are on all sides, crying in the early going, having a hard time with the task at hand for all of us, adjusting to conditions that would surround us for the hours, and hours, to come.

Allahabad comes at midnight, many people including our new bright-eyed young friend get off, but the car is assaulted by many more, now standing room only, the hungry eyes of over-population all around us. Mirage makes the mistake of leaving three inches of the corner of his seat free and having some guy plant his rear on it. Now a big-assed soldier is alternating standing up, facing his friends while sticking that rear in Mirage’s face and turning half around to affix the greasy eyeball on my friend’s space.

Three sadarjis (Sikhs) and their wives observe us from the platform with amusement and we amuse back.  They act as if their space was a private suite in the Allahabad Waldorf, the shortest bug-eyed gentleman having milk tea brought in on a tray, they all sipping it with 1st class flair. Then the men, one after the other, open their suitcases and change their pants with casual ease, boxer shorts impeccably ironed, like the crowded station was their own V.I.P. Lounge.

We finally pull out just before 1:00 A.M. It is crammed to the breaking point inside, one gentleman with his forehead resting on the corner of my seat. The ones awake are in good enough spirits by the tones of voice.

Between stops I sit with my eyes closed. The time seems to go faster that way. I think back to the mornings at the Ganga and the half-submerged bathers standing facing the sun, cupping water, lifting it up, letting it fall between their hands, and going back for more. The picture is a matched contradiction: sublime river and this crazy-crowded Upper India Express!

4:00 A.M. comes Kanpur, blessed Kanpur. The car empties 50%, no-one left in the aisles, except a mother and her four kids who chose to sit by the toilet door. I feel as though we are on our home stretch, although we aren’t even half-way thru. The sun will be up soon, hopefully

Mind is scraped dull over the next few hours. Now, I’m unconscious and those busy with a Hindi conversation suddenly make perfect sense, like they are talking American about a CIA operation and all sorts of other intriguing late-night movie material.

The day comes on painfully slow, the sun rising red. By 9:00, the luggage rack monopolizers are up and looking out the windows.  We trade, two window seats for two sleeping spaces. It isn’t really sleep, just a lay-out while listening to assorted junk-sellers with a taste for one-priced auctioneering -- carrying 2 rs at the top of their lungs for a padlock, getting no buyers and going on to an identical lock, same price, louder voice. The singers aren’t bad, until they start rolling you over for baakseech.

Afternoon arrives, we get our seats back and try to ignore the heat and the glare.  Our cattle cavalcade pulls over the Yumuna River Bridge, past the Red Fort and into the Old Delhi Station an hour before I expected: 1:00. Our car empties in an instant.   I take my sweet time getting squared away looking gratefully out the window at that big sign that says DELHI.   Mirage and I put one foot in front of the other following the signs that somehow knowingly say “WAY OUT” and wading through the old “Hello, Hello, You Want…”   On hitting the street, the human hornets’ nest is in full fury. I put my arm firmly around Mirage’s shoulder and grasp his hand. Farewell, fellow traveler.

Tim Bowles

April 3, 2026

‍

In her complaint to the California Civil Rights Department (CRD) and Labor Commissioner's Office (LCO) a former employee of the Society of Children's Book Writers and Illustrators(SCBWI) claimed retaliation for reporting perceived racial discrimination, an inadequate response to a disability accommodation request, and potential Equal Pay Act violations.

The SCBWI claimed no connection between those complaints and placing the employee on administrative leave and later termination for insubordination.

After separate investigations, CRD and LCO concluded that SCBWI violated California worker protection laws. SCBWI agreed to pay $180,000 to resolve the matter.

Without admitting wrongdoing, SCBWI also agreed to hold biannual executive training on anti-retaliation and anti-discrimination, revise and distribute its workplace policies, and notify staff and the governing board of the findings.

CRD Director Kevin Kish stated: "If an employee believes the law is being broken, they are allowed to complain — and employers cannot punish them for doing so."

Take aways:

California protects employees who report misconduct or pay practices they reasonably believe are unlawful, even if the claims prove unfounded. Employers should respond to complaints carefully, investigate promptly, document employment decisions, and avoid any appearance of retaliation.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Establishment 101: Workplace Policy Handbook & Forms for 2026 (March 26, 2026)
• Employer Pay Data Reports - State Website a Valuable Aid for Making the May 13, 2026, Deadline (February 13, 2026)
• Kentucky Fried Chicken Settles Sexual Harassment Claims (January 23, 2026)

Cindy Bamforth

April 2, 2026