Category Archives: PTWWW Legal Alert

Avoiding Liability for Your Tenant’s Unlawful Cannabis Cultivation – AB 2164

Background When a tenant violates a local ordinance related to structural or zoning issues, both the tenant and the property owner are often held responsible for the violation. The property owner’s good faith ignorance of the tenant’s unlawful activity may be no excuse. If a property owner is held responsible for such a violation, the… Read More »

Updates for California Employers – August 2018

New Test in California to Determine If Employee or Independent Contractor In Dynamex Operations West, Inc. v. Superior Court of Los Angeles (April 30, 2018) (Dynamex), the California Supreme Court abandoned the long-standing “right to control” test based on the Court’s 1989 decision in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello). … Read More »

Estate and Gift Tax 2018 Inflation Adjustments

On October 19, the IRS issued Revenue Procedure 2017-58, the annual inflation adjustments for 2018 for many tax provisions, including exemptions for estate, gift and generation-skipping transfer (GST) taxes as well as the annual exclusion amount for gifts as follows: Estate, Gift and GST Tax Exemption Increases to $5,600,000.  For estates of decedents who pass… Read More »

Independent Contractor or Employee?

According to the California Court of Appeal in Linton v. DeSoto Cab Co. Inc., Calif. Ct. App., No. A146162 (Oct. 5, 2017), a California trial court applied the wrong legal standards and therefore erred in concluding that a cab driver was an independent contractor rather than an employee. The trial court had ruled in favor… Read More »

THE NEW I-9 FORM

USCIS published a revised version of I-9 Form; employers must begin using it by September 18, 2017 The U.S. Citizenship and Immigration Services (USCIS) has released a new version of the I-9 Form.  Employers must begin using the new version by September 18, 2017.  This is the second update in less than one year.  The… Read More »

PATERNITY RIGHTS – CHANGE IS IN THE AIR

New fathers are beginning to request time off from work to care for newborn children with increasing frequency. While historically there has been some stigma attached to this, fathers are becoming much more willing to avail themselves of paternity leave as it becomes more readily available. This paradigm shift is likely to continue for the… Read More »

UPDATES FOR CALIFORNIA EMPLOYERS – JULY 2017

Current Drug Use Not Protected Under ADA A recent federal court decision is a good reminder that applicants or employees who currently use illegal drugs or marijuana or abuse alcohol are not protected under the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act (FEHA). Conduct is key: The disease of addiction… Read More »

NEW YEAR – NEW LAWS

We have outlined for employers some of the more relevant new and amended legislation for 2017. Please do not hesitate to contact us should you have any questions regarding how this will affect your business and/or employee handbook. SAMPLING OF NEW EMPLOYMENT LAWS FOR 2017 AB 54 – ADA – Allows for a certified access… Read More »

UPDATES FOR CALIFORNIA EMPLOYERS – APRIL 2016

TREATED AS HAVING A DISABILITY IN ORDER TO DISCRIMINATE In Wallace v. County of Stanislaus, plaintiff was a sheriff’s deputy who sued the County of Stanislaus (the “County”) for disability discrimination after he was placed on unpaid leave of absence.  The County argued that plaintiff could not safely perform his duties as a bailiff with… Read More »

LITIGATION UPDATES – APRIL 2016

Berkeley Law School Dean Steps Down After Sexual Harassment Claims The Dean of the University of California, Berkeley School of Law stepped down after his former executive assistant sued him in California state court on sexual harassment claims.  In her lawsuit, plaintiff claimed that the Dean gave her unwelcome bear hugs, kisses on the cheek… Read More »