September 24, 2020

Estate Planning and Trust Preparation The SECURE Act

Estate Planning and Trust Preparation The SECURE Act

You may or may not have read that a change in retirement planning has been made by the Setting Every Community Up for Retirement Enhancement (SECURE) Act, which was incorporated into last year’s end-of-year spending bill and signed by the President on December 20, 2019. While we are not able address every piece of legislation that may impact the estate plans of our clients, this new Act is one with such broad impact that we believe it is important enough to make an exception.

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September 10, 2020

New Law (A.B. 2257) Paves the Way for New Independent Contractor Status

New Law (A.B. 2257) Paves the Way for New Independent Contractor Status

Since A.B. 5 took effect on January 1, 2020, businesses and workers (including employment law practitioners) across this state have struggled to understand and apply its criteria when determining whether a worker is subject to the rigid ABC Test or the more flexible multifactorial Borello test for purposes of classifying a worker as an employee or an independent contractor. 

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September 2, 2020

What Failing to Comply with AB-5 Could Cost Your Business

California Assembly Bill-5 (AB-5), which took effect January 1, 2020 in the State of California, created a three-pronged test to determine whether a worker should be classified as an employee or an independent contractor. This test, referred to as the ABC Test, starts with the presumption that all workers are employees (except in certain specified exempted industries or job functions) unless the company that hires them can prove the following three things:

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August 22, 2020

Employers Beware: Bonus Compensation May Result in Additional Overtime Pay

It is not uncommon for employers to compensate employees with non-discretionary bonuses to reward them for their hard work.  However, what employers commonly fail to do is factor in those non-discretionary bonus payments when calculating the amount of overtime pay owed to employees.

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August 18, 2020

Are Your Employee’s Paystubs a Ticking Time Bomb?

Wage statements, often known as paystubs, are not usually at the forefront of the minds of business owners. Employers typically view wage statements as nothing more than a vehicle to record how much the employee earned and has been paid. However, Plaintiff lawyers have turned wage statement violations into big business, using them to generate enormous claims against employers.

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