Category Archives: Client Alerts

Ventura County Employment Law Attorney, Ted Schneider, Comments on the New Federal Overtime Rules Issued May 18, 2016 under the Fair Labor Standards Act

  • May 19 2016

By: Ted Schneider, Esq. On Wednesday, May 18th, the U.S. Department of Labor released their final overtime rules under the Fair Labor Standards Act. Salary Under the new rules, effective December 1, 2016, the annual salary threshold at which an employee in California can be considered exempt from overtime pay will be substantially increased from $41,600 to $47,476, or $913 per week. An employee must be paid a predetermined and fixed amount that is...

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New Bill Poses Limitations and Unnecessary Expenditures

  • Mar 15 2016

By: Roy Schneider, Esq. Early this year, an act to amend Section 4925 of the Civil Code, relating to common interest developments was introduced by assembly member, Don Wagner. The proposed bill will allow any community association member’s attorney to attend all association board meetings which the member may attend. While it may seem like common sense to allow a member’s attorney to be present at any board meeting where he or she may...

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Employer Client Alert – New Heat Illness Prevention Regulations Effective May 1, 2015

  • May 1 2015

The California Department of Industrial Relations, in conjunction with Cal/OSHA, announced amendments to the current heat illness prevention regulations.  The new law became effective May 1, 2015.  According to the DIR, the new heat illness prevention requirements offer additional safeguards for outdoor workers.  Revisions to the heat illness prevention regulation include the following: Water must be pure, suitably cool, and provided free to workers.  It must be located as close as practicable to where...

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Client Alert – AB 2755 Signed Into Law Prohibiting “Non-Voting Directors” on Non-Profit Boards

  • Nov 25 2014

Governor Jerry Brown signed AB 2755, which amends Corporations Code Section 5047, to make it clear that a person is only a director as defined in the statute if that person has the right to vote as a member of the governing body and that a person who is a director by virtue of occupying a specific position within or outside the corporation (an ex officio director) can only be a director if that...

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California Law Now Provides New Protections for Employees of Temp Agencies and Labor Contractors

  • Oct 1 2014

Governor Brown recently signed into legislation AB 1897.  With this new law, California will have some of the country’s most comprehensive protections for temporary workers. The new law is designed to protect workers, including factory assemblers, hotel maids, warehouse workers, farm laborers, janitors, and food processors who often work for years at the same company, but are paid less and denied benefits because they are employed by a labor contractor, such as a temp...

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Starting July 1, 2015, Employees Are Entitled to Paid Sick Leave

  • Sep 10 2014

Last week, the Governor signed into law AB 1522:  The Healthy Workplaces, Healthy Families Act of 2014. Existing law authorizes, but does not require, employers to provide their employees paid sick leave.  This bill enacts the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to...

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U.S. Supreme Court Clarifies That Severance Pay is Taxable— in Most Cases

  • Apr 1 2014

The U.S. Supreme Court, in an 8-0 decision, recently ruled that severance payments made to employees who are involuntarily terminated are taxable wages under the Federal Insurance Contributions Act (FICA).  Quality Stores, Inc., et al., 12-1408.  The Court reversed the Sixth Circuit Court of Appeals ruling in favor of Quality Stores, which was seeking a $1 million tax refund based on its argument that severance payments were not covered by FICA and were excluded...

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Notice to the IRS of Change in Address or Responsible Party Now Required Within 60 Days

  • Feb 1 2014

Effective January 1, 2014, any entity with an Employer Identification Number (EIN), including a nonprofit organization, must use Form 8822-B to notify the IRS of a change of (i) a mailing address, (ii) a business location or (iii) the identity of a “responsible party”.  An organization’s original “responsible party” was the individual or entity named on the Form SS-4 application that was filed to obtain its EIN. The instructions to  Form 8822-B define a...

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New Lease Rules

  • Jan 1 2014

Effective July 1, 2013, commercial leases and rental agreements will need to contain a statement by the landlord as to whether the commercial property being leased or rented has undergone an inspection by a Certified Access Specialist. If the property has undergone such an inspection, the disclosure must state whether the property has or has not been determined to meet all applicable statutory construction-related accessibility standards. Civ. Code, § 1938In addition, commencing July 1,...

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California Amends Sexual Harassment Law

  • Dec 1 2013

Governor Brown recently signed Senate Bill 292, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was motivated by the harasser’s “sexual desire.” S.B. 292 was authored by Senate majority leader Ellen M. Corbett and principally sponsored by the California Employment Lawyers Association, an organization of attorneys that represent workers in employment cases. The bill set out to...

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