INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees. The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...
EMPLOYEE BACKGROUND CHECKS Background checks are an essential part of the hiring process and can help employers make better hiring decisions by uncovering valuable information about a candidate’s work experience, however employers need to be mindful of the rules surrounding them. Background checks are governed by The Fair Credit Reporting...
EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT In the case of Naranjo v. Spectrum Security Services, Inc., the California Supreme Court just gave employers more incentive to ensure their employee compensation policies and practices, and employee paystubs are accurate and contain all of the required information. In California, employers...
California Department of Health Care Services Get Reimbursement from a Decedent’s Revocable Trust for Medi-Cal Benefits Paid A California appellate court recently held that the Department of Health Care Services (“DHCS”) may recover reimbursement from a decedent’s revocable trust for Medi-Cal benefits paid. In Riverside County Public Guardian v. Snukst,...
How Do You Amend or Revoke a Trust? Two recent California appellate court cases with inconsistent holdings leave some confusion as to what the requirements are for amending or revoking a trust. In the case of Haggerty v. Thornton, the court found that a trust may be amended or revoked...
Homestead Exemptions in California Protect Your Home Part I A homestead exemption can protect a homeowner’s principal residence from creditors against loss in the case of bankruptcy, judgment or death of a spouse. The California Constitution (Cal. Const. Art. XX, § 1.5 ) protects a homestead: “[t]he Legislature shall protect,...
Trust and Estate Conflicts in Deciding Who Has Right to Property When preparing or updating your trust and estate documents, consider how real property is held, make sure the real property gets put into the trust, and make clear your intentions of who gets the property if you pass away. ...
Employers: Do You Know About PAGA? You Should. California’s Private Attorney’s General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. The result can be like a mini class action lawsuit against...
Do You Know What The “Rule of Law” Means? What is the Rule of Law? It is well-regarded as the most important part of democracy. Britannica says that the rule of law is: the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law,...
OSHA Revises and Again Extends COVID-19 Emergency Temporary Standards? California Occupational Safety & Health Standards Board (“OSHA”) extended the COVID-19 emergency temporary standards (“ETS”) for the third time, with some revisions. Importantly, the revised ETS will take effect this week and last until December 31, 2022[1]. There are some changes. ...