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EFFECTIVE MARCH 29, 2021 Employees who work for Employers with more than 25 employees are entitled to up to 80 hours of Paid Sick Leave (PSL).The Employee can make the request for PSL orally or in writing.This leave is retroactive to January 1, 2021 and will run through September 30, 2021.If an Employee took leave for COVID-related reasons prior to March 29, 2021, the employee should make an oral or written request to his or her employer for payment for up to 80 hours of work missed due to COVID-19.Criteria to Qualify for the PSL: If an employee is unable…
Many employers use rounding to adjust an employee’s work hours to the nearest whole time increment, such as five or ten minutes. Employers beware! However, in a newly published decision, timekeeping rounding must not apply to meal periods. California employers must provide employees with a 30-minute, uninterrupted meal period that begins no later than the end of the fifth hour of work. If an employee is not provided the timely and uninterrupted meal period, the employee is due one hour of premium pay. In the case of Donohue v. AMN Services, LLC, the California Supreme Court ruled against an employer’s…
Large employers are now required to provide demographic pay data to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021. SB 973 requires private employers of 100 or more employees, that are also required to file the federal EEO-1 report with the Equal Employment Opportunity Commission (EEOC), to report demographic and pay data information to the DFEH. The reporting year will be the year preceding the due date for the report and should include a “snapshot” of the workforce for any single pay period of the employer’s choice between October 1 and December 31 of the…
Often estate planning focuses on the “big picture” issues, such as who gets what, whether a living trust should be created to avoid probate and tax planning to minimize gift and estate taxes. However, there are many smaller issues, which are just as critical to the success of your overall estate plan. Below are some of the issues that are often overlooked by clients and sometimes their attorneys.  Cash Flow Is there sufficient cash? Estates incur operating expenses throughout the administration phase. The estate in California may have to pay federal estate taxes, filing fees, living expenses for a surviving spouse…
By Kathleen J. Smith, Civil Litigation Attorney Let’s be clear—Covid 19’s pandemic shutdown may affect your company’s ability to perform its contracts, but it’s no panacea for avoiding all your business obligations. Your contracts may contain variously worded “force majeure” clauses. That doesn’t mean you can ignore paying for services already received. Here is a typical force majeure clause: Force Majeure. Any delay or failure by either party hereto in performance hereby shall be excused if, and only to the extent that, such delays or failures are caused by occurrences beyond such party’s control, including Acts of God, decrees or…
The emergence of COVID-19 has changed the world as we once knew it; therefore, it should come as no surprise that the virus would impact employment law as well. California’s ever-changing employment laws will have employers scrambling to keep up in 2021! What are the reporting requirements if someone is exposed to COVID-19 at the workplace? What is the PPE requirement? Is my employee eligible for workers’ compensation benefits in the event of an outbreak? These are all new questions that employers need answers to.  The employment law attorneys at Schneiders & Associates are prepared to help! Join us on…
The emergence of COVID-19 has changed the world as we once knew it; therefore, it should come as no surprise that the virus would impact employment law as well. California’s ever-changing employment laws will have employers scrambling to keep up in 2021! The employment law attorneys at Schneiders & Associates are prepared to help! Below are some of the significant changes related to COVID-19 that employers should look out for as we head into the new year. SB 1159: COVID-19 Workers’ Compensation SB 1159 provides that if a California employee tests positive for COVID-19 during an “outbreak” at the employee’s…
There is no law that state that companies must have employee handbooks or how often an employee handbook should be updated. However, crafting an employee handbook and frequently reviewing and updating employee handbooks are good ideas once a company has more than two employees. In addition, employers may consider implementing an arbitration agreement within their employee handbook and obtain a signed receipt and acknowledgment form from each employee, showing receipt and understanding of the handbook. On August 26, 2020, in the case of Conyer v. Hula Media Services, LLC. Et al., the California Court of Appeal reversed a trial court…
The IRS Commissioner, Charles “Chuck” Rettig, a former Los Angeles-based tax lawyer of 38-years, diligently made his rounds last year at virtually every major tax conference around the country.  The message –               “I’m an enforcement guy, I’m a taxpayer service guy. I hope to touch every aspect of the tax service.” he said to an audience of over a thousand accountants at the 2019 American Institute of CPAs’ Engage conference.  He went on to say:             “The IRS has the ability to help this country, and this country has the ability to help the world, and as tax…
Existing law, commonly known as the “ABC” test and codified by AB 5, makes it more difficult for companies to classify workers as independent contractors rather than employees. The hiring entity has the burden of establishing that an individual is an independent contractor, not an employee, under the “ABC test.” Under the existing “ABC” test, a worker will be deemed to be an employee, unless the hiring entity proves: (A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and…