Attorney Blog

A Primer on Irrevocable Trusts

  • Jan 4 2018

Most individuals are aware that a will is one way to plan for the distribution of their assets after death. However, frequently a will by itself is not sufficient to accomplish many people’s estate planning goals.  Thus, a comprehensive estate plan also should consider other objectives such as planning for long-term care, privacy, asset protection, and efficiency. For this reason, it is essential to consider utilizing an irrevocable trust. An irrevocable trust is an...

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How to Rebuild Credit After Bankruptcy

  • Dec 28 2017

Bankruptcy is often a last resort for an individual struggling with keeping current on rent payments. This does not mean that bankruptcy is the end of a person’s financial life. Quite the opposite; it is a new beginning. It takes 7 to 10 years for a bankruptcy to be erased from a person’s credit report. In the meantime, it is important to take steps to rebuild credit. The most important thing that a consumer...

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How To Leave Gifts To Stepchildren

  • Nov 29 2017

Today, blended families have become increasingly common, and many individuals have step-children, that is, children of a spouse or partner. In situations where step-children have not been legally adopted, however, they may not have a legal right to an inheritance from a step-parent.  However, California has a statute wherein a stepchild is to be treated as an intestate heir of the deceased stepparent so long as two requirements are met: (1) the stepparent relationship began...

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Major New Employment Laws that You Need to Know About

  • Oct 20 2017

Governor Brown signed 859 bills at the California Legislature’s 2017 session. California employers should be aware of several new laws that will materially affect their businesses. Here is a summary of some of the most significant new employment laws coming in 2018: The New Parent Leave Act (SB 63) Employers will be required to provide up to 12 workweeks of unpaid parental leave for an employee to bond with a child, and to continue...

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Caution! Sexual Harassment in the Workplace

  • Oct 11 2017

Given the many high profile cases in the media, it is crucial for any business to understand its responsibility to prevent sexual harassment in the workplace. Generally, sexual harassment is deemed to be a form of sex discrimination under Title VII of the Civil Rights of 1964 (Title VII), and most states have far stricter laws in place designed to prevent harassment. There are two types of sexual harassment: quid pro quo (“this for...

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Bankruptcy & Your Small Business

  • Oct 6 2017

Financial hardship is difficult for any individual but for business owners, it can be particularly stressful as the line between personal and business finances may become blurred.  You may have racked up a lot of personal credit card debt and may be considering filing for personal bankruptcy, but you are concerned about how bankruptcy will affect your small business. Or, your business could be struggling and you may wonder how a business bankruptcy will...

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What is a Spendthrift Trust?

  • Sep 28 2017

When it comes to estate planning, there are many factors to consider, not the least of which how to provide for loved ones. Although we like to believe that our heirs are deserving and capable of managing an inheritance, some beneficiaries may not be responsible or lack an understanding of financial matters. Fortunately, it is possible to leave assets to a troubled heir by creating a spendthrift trust. This estate planning tool limits a...

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Estate Planning: Can I Include My Pet?

  • Sep 20 2017

  The basics of estate planning includes planning for the transfer of your estate to others during life, at death or after death, and planning for incapacity.  But can an estate plan include your pet?  YES!  However, assets cannot be left directly to pets, since animals are still considered property under the law, but you can care for your animal companions in a few different ways: Designate an animal shelter that they are to...

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Post The Wage Order

  • Sep 1 2017

Big news in the world of wage orders! There has been some recent updates to include the most recent increases to the minimum wage. Wage Orders 1 through 12, 15 and 16 have been updated by the California Department of Industrial Relations (DIR). That leaves Wage Orders 14 and 17 untouched. Now would be a great time for employers to review all seventeen wage orders to decide which order they need to post. Wage...

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Can Employees Sue Their Employer’s Attorney For Retaliation?

  • Aug 29 2017

Employers are aware of the risk of being sued by their employees for retaliation against an employee that is engaging in a protected activity, but what about the employer’s attorney?  According to a recent case brought to the Ninth Circuit Court of Appeals, an employer’s attorney may also be sued for retaliation under the federal Fair Labor Standards Act (FLSA) (Arias v. Raimondo, 860 F.3d 1185 (9th.Cir. 2017)). The case involves an employee with...

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