HOPEFULLY THE LAST COVID-19 CDPH SUBSTANTIVE UPDATE On September 13th, the California Department of Public Health ("CDPH") issued another COVID-19 order for health care and school workplaces[1] that, while it does not rescind other areas, does rescind weekly testing requirements for health care workers (“HCW”) who had not vaccinated (but...
Small Business Bankruptcy Faster. Easier. There is a Small Business Reorganization Act that now streamlines existing rules for small businesses to restructure successfully under Chapter 11 of the Bankruptcy Code. There are requirements for what qualifies as a small business, but generally, it can be a business corporation or limited...
CALIFORNIA PROHIBITS ENFORCEMENT OF ANY EMPLOYEE ARBITRATION REQUIREMENT AS A CONDITION OF EMPLOYMENT On June 22nd, we updated clients on the U.S. Supreme Court employee arbitration ruling in the Viking River Cruise case.[1] We informed that the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempts prior California...
IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS? YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM Scenario: an employer settles claims by an employee. The...
CALIFORNIA CORPORATIONS AND LIMITED LIABILITY COMPANIES MUST HAVE A REGISTERED AGENT FOR SERVICE OF PROCESS Epps & Coulson, LLP regularly serves as the registered agent for our clients to keep the business in regulatory compliance. Most businesses, big and small, do not want a process server showing up to serve...
THE ERA OF REMOTE WORKER PAY While the era of employee resignations may be ending, the era of remote working is not gone. It is here to stay, and employers must address how to pay remote workers. Historically, the employer’s place of work dictated the pay of employees who worked...
ARE YOU READY FOR CALIFORNIA’S NEW AUTO-RENEWING SUBSCRIPTION LAW? If your business provides automatic renewing subscriptions to consumers, effective July 1, 2022, California’s Automatic Renewal Law (“ARL”), one of the most robust statues of its kind, will place stricter requirements on enrollment in (and cancellation from) paid subscription services. The...
ROE IS GONE – EMPLOYERS REVIEW BENEFITS AND LEAVE POLICIES Undoubtedly, you’ve heard that the US. Supreme Court’s ruling overturning Roe v Wade was issued today, leaving state laws to control the issue. While many employers are not taking a formal position on the issue, many employers are sensitive to...
LLC or S-Corp Which entity is best for you? When choosing a form of entity, small business owners often end up deciding between an S-Corporation and a Limited Liability Company. LLCs and S-Corps have some common characteristics but are very different in other ways. Here are some things to keep...
SUPREME COURT RULES ON PAGA ARBITRATION The United States Supreme Court ruled in the case of Moriana v. Viking River Cruises, Inc., that the Federal Arbitration Act (“FAA”) overrules, in part, California Supreme Court authority limiting the application of arbitration agreements to representative actions brought under California’s Private Attorney General Act (“PAGA”)....