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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…
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…
You found the perfect location for your business, retail store or office, and you are ready to sign the lease!  Unlike residential leases, which usually have a 1-year term, a commercial lease can be much longer, typically 5-10 years. Before signing a commercial lease, a business tenant should consider all the ways to get out of the lease should something go wrong with the business or the location.    Commercial Tenant Exit Strategies The first way…
Attorney Chris Correa recently presented a COVID-19 employment law update to the members of the Ventura Chamber of Commerce. The discussion covered employment issues related to COVID-19, such as paid time off, getting employees back to work safely, workers’ compensation, and much more! If you missed this seminar, please click HERE to watch! Please use passcode: ^@3ZNkwp The post Chris Correa Presents COVID-19 Employment Law Update to the Ventura Chamber appeared first on Schneiders &
Married couples will often have legal estate documents prepared together.  Such documents may include a trust, leaving all property to the surviving spouse and/or the couple’s children, and an advance Health Care Directive (sometimes known as a living will) to direct the spouse how to handle medical issues if one spouse becomes incapacitated.   However, another estate document may be beneficial for spouses — a durable power of attorney to handle financial matters. What is a…
Ventura County is entering Stage 2 of California’s Resilience Roadmap. That means office-based businesses are now being permitted to reopen; however, before doing so business owners must be sure that they can affirmatively answer the following four questions: Is re-opening consistent with applicable governmental orders?Can the business implement the recommended health and safety actions?Can the […] The post Returning Employees to Work During COVID-19 appeared first on Schneiders & Associates, LLP.…
COVID-19 has presented corporations with never-before-seen obstacles due in part to social distancing requirements, which have disabled directors and shareholders from meeting. Now is the time to update your corporate bylaws to allow your board to continue to operate during this global pandemic! In January of 2014, the Corporations Committee of the California State Bar, […] The post Continuing to Operate Your Corporation During A Global Pandemic appeared first on Schneiders & Associates, LLP.…
Coronavirus has forced lawyers to try out new remoting practices. This week, our Ventura County Superior Court closed to general civil litigation for a week. The first three days were treated as court holidays, so any deadlines just got extended three days. Expect to see some very finely written briefs and pleadings in the pipeline. […] The post Law and Social Distancing With Covid-19 appeared first on Schneiders & Associates, LLP.…
An attorney may competently testify as an expert witness on a seemingly pure legal question if the testimony involves the intersection of corporate articles or by-laws, on the one hand, and the Corporations Code on the other hand. I recently testified in a bifurcated trial, where the judge decided the first half and then the […] The post Expert Trial Testimony on the Corporations Code appeared first on Schneiders & Associates, LLP.…