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  • By: Hudson Martin PC
  • Published: December 27, 2023

As a California employer of over 50 employees, you are obligated to provide protected medical leaves to eligible employees under Federal law (Family and Medical Leave Act (FMLA)) and California law (California Family Rights Act (CFRA)). This can be a confusing and complex area of employee benefits. The attached chart below gives a general overview of the “who, what, and how” of the two medical leave laws. We then answer some frequently asked questions. Overview Of Job Protected Medical Leaves For Employees FMLA CFRA Am I covered as an Employer? If 50 or more employees - YES If 5+ employees - YES How much leave? Max. 12 weeks of leave in a 12- month period EXCEPTION: If employee is the spouse, son, daughter, parent or next of kin for a covered military servicemember who requires care - 26 weeks of leave. Max.  12 weeks of leave in a 12-month period…Read More

Important Reminder To Begin Using The New Form I-9 As Of Tomorrow, November 1st
  • By: Hudson Martin PC
  • Published: November 3, 2023

An important reminder that the US Customs and Immigration Service has updated the Form I-9 and all employers must begin using the new version of the Form I-9 no later than November 1, 2023. Attached for your convenience are the forms and instructions in English and Spanish. For anyone who has not reviewed the changes, some of those highlighted by the US Customs and Immigrations Services are the following: Reduces Sections 1 and 2 to a single-sided sheet. Is now designed to be a fillable form on tablets and mobile devices using Adobe Acrobat Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary (Supplement A – which can be included if applicable). Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required (Supplement B – which…Read More

Legal Guide To Tip Pooling In California Lawyer, Carmel, CA
  • By: Hudson Martin PC
  • Published: September 28, 2023

Here Is The Legal Low-Down On Tip Pooling: Generally, tip pooling is legal in California. While the California Labor Code Sec. 351 states that employers cannot “collect, take, or receive” any part of a gratuity left by a customer, an employer is allowed to mandate “tip pooling” or “tip sharing” so long as the policy is “fair and reasonable.” Leighton v. Old Heidelberg, Ltd., 219 Cal. App. 3d 1062 (1990). The court relied upon the “industry practice” that 15% of the gratuity is tipped out to the busboy and 5% to the bartender, which was “a house rule and is with nearly all Restaurants.” Employees who are in the “chain of service” may partake in a mandatory tip pool. Etheridge v. Reins International California, Inc., 172 Cal. App. 4th 908 (2009). Who cannot share – neither an “employer” nor “agent of the employer” (a supervisor with the authority to hire/fire, or direct/control employees). The California Appeals Court found an…Read More

The Purpose of a Charitable Trust
  • By: Hudson Martin PC
  • Published: August 23, 2023

In this article, you can discover: How a charitable trust can empower you to make a positive impact beyond your lifetime. How a charitable trust can support wonderful community causes while creating income opportunities. Addressing loved ones in a charitable trust. What is the Purpose of a Charitable Trust? A charitable trust is a unique and valuable arrangement for planning a legacy of philanthropy, and is essential for taking advantage of the potential tax benefits with the Internal Revenue Service (IRS). Donors consult estate planning attorneys to understand what type of charitable trust to create. The primary focus of charitable trusts is to meet the philanthropic goals of the donor, perhaps while generating income, providing for living expenses, and offering flexibility and control to the donor. How Can We Plan for Our Lifetime and Our Heirs? There are two main types of charitable trusts and both can be set up with an…Read More

The Key Components Of A Comprehensive Special Needs Plan
  • By: Hudson Martin PC
  • Published: August 15, 2023

In this article, you can discover: How a comprehensive special needs plan ensures well-being, care, and support. The role of caregivers, decision-makers, and special needs trusts for care of a loved one. Addressing care through trustee roles, funding, education, and vocational support. What Is A Special Needs Plan For? A comprehensive special needs plan is essential when a person with special needs requires support. Families often consult estate planning attorneys to understand how best to safeguard their loved ones. The primary focus of such a plan is to ensure the long-term health, welfare, and maintenance of the individual. This includes addressing their medical needs and determining how these needs will be funded. The plan encompasses the physical care, decision-making related to it, and the financial support required. How Can We Ensure Special Needs Children Or Loved Ones Will Be Taken Care Of When We Die? To plan for the well-being…Read More

Administering Your Parents’ or Loved One’s Estate After Their Passing: A Comprehensive Guide
  • By: Hudson Martin PC
  • Published: July 13, 2023

Understanding the legal steps to take following the passing of a surviving parent. Losing a loved one is never easy. You deserve the ability to mourn their passing without the burden of legal responsibilities hanging over your head. Unfortunately, even while you are grieving your loved one, there are practical and legal steps that should be taken. While necessary, administering an estate is no simple task. By educating yourself on this subject, you will be able to complete these necessary legal formalities without depriving yourself and your family of the proper time to mourn. Working with a skilled estate attorney provides you with the legal oversight needed to effectively manage your parents’ affairs. By completing these steps correctly, you will be able to administer and transfer all property and assets in a smooth and efficient manner. Death Certificates Obtaining a death certificate is the first step in administering your parents’…Read More

Minimizing Taxes In Estate Planning
  • By: Hudson Martin PC
  • Published: June 27, 2023

The following article will cover: Tax-minimizing strategies for estate planning in California. Exploring tax strategies in other states, such as Florida, Nevada, or Delaware, for beneficial tax planning in California. Removing assets from the estate as a potential strategy to minimize taxes in California. What Are Estate Planning Tax-Minimizing Strategies That Can Be Used In California? In California, there are several tax-minimizing strategies that can be employed in estate planning, depending on an individual's marital status and asset composition: Family revocable trust (ABC trust): For married couples, the IRS code provides tax advantages when they set up a family revocable trust, also known as an ABC trust. This basic estate planning strategy takes advantage of marital exemptions and other benefits. Lifetime gifting: For both single and married individuals, lifetime gifting can be an effective tax-minimizing strategy. Working closely with financial advisors and CPAs, clients can take advantage of the current…Read More

How Long Do I Have To Sue An Employer In California If I Feel I Was Retaliated Against For Taking Disability?
  • By: Hudson Martin PC
  • Published: June 22, 2023

Dealing with a disability of any kind is frustrating on its own. In these situations, you need income in order to survive – but what happens if your employer challenges this? You are entitled to certain rights as an employee. If you were retaliated against by your employer for collecting disability, you may have the ability to sue them. How does this process work? Read on to find out… Was The Claim For Retaliation Under State Or Federal Law? In these situations, there may be several different claims at play, and thus, different time frames must be kept in mind. For example, for a California employee, a claim for retaliation for taking a medical leave may be brought under either Federal law or California law. The California statute has benefits and terms that require that available damages that are not recoverable under Federal law. It is possible that you may…Read More

Elder Care Tips: The Documents You Should Keep When Transitioning Your Loved One Into Assisted Living
  • By: Hudson Martin PC
  • Published: June 14, 2023

When a loved one transitions into assisted living, there are a lot of factors to account for. In these situations, one of the most significant things to consider is what to do with their documents. While you don’t want to discard anything important, it is also unnecessary to hold onto documents that are irrelevant. So which documents should you keep – and which should you discard? Understanding how to properly save and store documents will be instrumental in ensuring that your loved one has a smooth transition into their assisted living situation. Not only will it take the burden off of them as they shift their housing, but it will also ensure that they have a sense of security moving forward. Old documents can be difficult to go through and organize. They are, however, important when it comes to securing one’s identity and financial information. Below is a comprehensive guide…Read More

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