On July 1, 2018, new regulations will go into effect under California’s Fair Employment and Housing Act (FEHA) that are designed to prevent discrimination based on an employee’s national origin. National origin discrimination is already illegal in California, but these new regulations expand on those existing prohibitions, and protect both employees and applicants, including undocumented employees and applicants. The new regulations define “national origin” broadly to include an individual’s actual or perceived Physical, cultural...
If you own real property in California, the California Probate Code almost forces you to create a trust to avoid fettering away your children’s or your heirs’ inheritance. While trust and probate law is a very complicated area of practice with numerous intricacies that requires the assistance of an attorney well versed in this practice area, below are some of the reason why it is so important in California to create an estate plan,...
On April 30, 2018, the California Supreme Court issued its much anticipated ruling in Dynamex Operations West, Inc. v. Superior Court that makes it more difficult for companies to label workers as independent contractors rather than employees and overturns nearly 30 years of legal precedence. The Court tossed out a more flexible standard that had been in place since 1989 and, instead, embraced a standard presuming that all workers are employees instead of contractors, and placed the burden on...
Board members of community associations juggle three different hats. One is the “I am a homeowner hat”. Another is the “I want to be a good neighbor hat”, and the third is the “I am a board member hat”. It is sometimes difficult for board members to always know which “hat” they are wearing at which time. Even when not physically at a board meeting, a director must consider which “hat” he or she...
Choosing a trustee or financial fiduciary to handle your estate upon death or incapacity is very personal decision and varies from family to family. Some families prefer to name their children as their successor trustees or financial fiduciaries. However, consider the “explosiveness” potential of requiring all your children to agree on every decision. On the face of it, the desired effect of “forcing them to agree” can also force them to fight. Appointing just...
With very few exceptions, all workers at your place of business must be paid at least minimum wage for all hours worked. But what about interns, who work at companies without pay as part of a training or educational program? On January 5, 2018, the United States Department of Labor (DOL) issued a new standard for determining whether an individual could be classified as an unpaid intern. Prior to January, the DOL used a...
Umbrella Insurance: What It Is and Why You Need It Lawsuits are everywhere. What happens when you are found to be at fault in an accident, and a significant judgment is entered against you? A child dives head-first into the shallow end of your swimming pool, becomes paralyzed, and needs in-home medical care for the rest of his or her lifetime. Or, you accidentally rear-end a high-income executive, whose injuries prevent him or her...
There are 19 different notices that the law requires employers to post in the workplace advising employees of their rights with respect to myriad employment, wage and hour laws, leaves of absence and discrimination protection. In some jurisdictions, local ordinances require additional postings addressing minimum wage, paid sick leave and other requirements. There are unique situations that may require additional posters such as heavy equipment or forklifts, chemical use and government contracts. You should...
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...
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...
