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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…
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?…
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…
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…
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.…
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…
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 &