The following article will cover: Who the law firm represents in employment law cases in California. Common challenges to employing workers in California. Common employment-related concerns in California workplaces and how to protect businesses from wrongful termination suits. Who Does Your Firm Represent In Employment Law Cases In California? Our firm primarily represents small to mid-size businesses in Monterey County, San Benito County, Santa Cruz County, and the surrounding areas. We focus on representing employers, not employees. This approach helps us avoid conflicts of interest as we specialize in business law. There are many attorneys who specialize in employee representation. What Are The Most Common Challenges To Employing Workers In California? Employing workers in California comes with several challenges, including: Mandatory retirement plans: California requires businesses with five or more employees to offer retirement plans. Healthcare requirements: Employers must adhere to specific healthcare coverage regulations. Minimum wage increases: The minimum wage…Read More
The following article will cover: Areas of business law that a California firm can assist with. The ideal time to hire a business law attorney when starting a business. Factors to consider when choosing between an LLC and an S-corp, such as cash flow, income type, and daily operations. What Areas of Business Law Can Your Firm Assist California Business Owners With? Our firm is well-equipped to handle various matters for California business owners, thanks to our experience in serving as in-house counsel at several companies. Some of the key areas we assist with include: Employment and Human Resources: We frequently address urgent matters related to hiring, firing, discipline, and the intricacies of California employment law. As the regulations are constantly changing and often specific to the number of employees or industry, we help businesses navigate these complexities. Contracts: We assist clients in drafting and reviewing contracts for various purposes, such as charters,…Read More
A former military neighborhood in Marina serving people in recovery is getting a fresh start with a restored community garden. Begun in 2010, the garden was well-tended, and flowers and vegetables were grown in the neighborhood until about five years ago when funding ran out. The gardens lay dormant for years due to lack of support and, even a few short months ago, were bare and decaying. Today, the gardens are tidied, prepared and planted with new seeds, courtesy of local high school seniors, their moms, and a few dads. Brought together by the National Charity League Monterey Bay Chapter, the philanthropic group has rebuilt 39 8’ x 4’ beds, run irrigation, repainted the shed and organized gardening tools. In December, the cohort’s 2025 class theme, “With Love,” will be painted with a large heart on the garden shed. The community garden is located at Hope Housing, which is operated…Read More
Estate Planning In California The following article will cover: Estate planning, probate, and dying intestate in California. Different types of trusts and their purpose in California, specifically the family revocable trust or ABC trust. Healthcare-related documents that should be included in an estate plan in California, including healthcare directives and do-not-resuscitate orders. What Is Estate Planning And Why Do We Need It? What Happens When Someone Dies In California Without Having A Proper Estate Planning Document In Place? Estate planning is the process of organizing your assets and determining how they will be managed and distributed upon your death. If you pass away in California without an estate plan, your estate may be subject to probate, especially if you have significant assets valued over $166,250 (as of 2023) or any real estate. Dying without a will is called "dying intestate," and in this case, the court will rely on California…Read More
Settling An Estate In California The following article will cover: An overview of the process for trust administration in California. The timeframe for settling an estate in California, which varies depending on the complexity of assets and specific procedures involved. Encouragement for trustees to make partial distributions of easily liquidated assets while waiting to resolve more complex estate matters. How Long Does An Administrator Have To Settle An Estate In California? In California, the timeline for settling an estate varies depending on the complexity of the assets and the specific procedures involved. Here is a general overview of the process for trust administration: Obtaining the death certificate: It usually takes a couple of weeks to receive the death certificate, which is required to begin the administration process. Notice to heirs and beneficiaries: Once the administration process starts, the trustee must send a notice to all heirs and beneficiaries informing them…Read More
In this article, you can discover… How to create and enforce employee conduct policies. How to handle employee performance issues in California. The best practices for investigating employee behavior as an employer. What Are The Steps For Creating And Enforcing Employee Conduct Policies In California? Employee conduct policies should be clearly documented and effectively communicated to employees to ensure understanding of acceptable and unacceptable behaviors. It is vital to consider the specific needs of your business while developing these clear and concise policies. Employees should receive copies of these policies in hand and sign off on having received, read, and understood them. Make sure that your employees receive, read, and understandany updates to the policies. What complications could arise if this procedure is not followed? For instance, consider a policy prohibiting the use of cell phones at work. If employees have not been informed about this policy, enforcing it could…Read More
In this article, you can discover… How California law handles tenant and landlord agreements. The important role a business attorney can play for a landlord. Understanding the legal grounds for eviction in California. What Are The Rights And Responsibilities Of Landlords And Tenants Under California Law? The rights and responsibilities of landlords and tenants are outlined in the lease documents between the two parties. The terms of these lease agreements must comply with California Law, especially the California Department of Real Estate and the Department of Housing and Urban Development. What Are The Most Common Conflicts That Occur In Landlord-Tenant Relationships? From your perspective as a landlord, common conflicts involve tenants not paying rent or overstaying a terminated lease. Other conflicts involve squatters illegally inhabiting a building and tenants damaging the premises. From the tenant’s perspective, common conflicts involve a landlord not repairing items in or on the property, such…Read More
In this article, you can discover… What EPLI is and what it does. Which factors determine the cost of a policy. How EPLI can benefit small businesses. What Is Employment Practices Liability Insurance? Employment Practices Liability Insurance (EPLI) is insurance you can buy as an employer to offer protection against employee lawsuits. EPLI can be extremely helpful, but the protections offered are only as good as the wording on your policy. Be sure to review policy details with your attorney, as many EPLI policies have important exclusions. If the policy you are considering excludes certain common and damaging cases that might be brought against you, it is not worth buying. Why Is EPLI Important For Businesses? EPLI is important for your business because the number one type of lawsuits that employers face in California are employee actions against them. Wrongful termination, wage and hour complaints, and discrimination complaints are quite…Read More
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
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
