Treble Damages For Diversion Of Partnership Funds The California Supreme Court decided on July 21, 2022, in the case of SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR a trial court may award treble damages and attorney’s fees under Penal Code section 496, subdivision (c) in a case involving (not trafficking of stolen goods...
NEW PAY TRANSPARENCY LAW There is another new law in California effective January 1, 2023 – the wage transparency law under Labor Code 432.3, which requires employers of 15 or more employees to include the pay scale in job postings, and for all employers to provide this information upon request....
Cannabis in the Workplace Effect January 1, 2024, California employers cannot “discriminate” against employees based on the employee’s use of cannabis off-the-clock and away from the workplace. While off-duty use of cannabis is legally protected, the new law does allow employers to fire or suspend workers for possessing, using, or...
Business Email Compromise and Wire Transfer Fraud – is the bank liable? If anyone in your organization handles financial transactions, invoice, or payroll changes over email, these types of transfers are at risk to wire fraud, which occurs when a hacker impersonates one of the parties and deceives the other...
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...