Attorney

The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar. Assembly Bill 1003 – Wage Theft as Grand Theft AB 1003 would make an employer’s intentional theft of wages, in an aggregate amount greater than $950 punishable as grand theft. AB 1003 would prevent intentional theft of wages that is punished as grand theft from being punished under any other criminal provisions but would authorize wages, benefits, or other compensation to be…
The Consolidated Appropriations Act, 2021 (CAA) was signed into law on December 27, 2020. This major funding bill included the COVID-Related Tax Relief Act of 2020 and the Taxpayer Certainty and Disaster Tax Relief Act of 2020. Following are highlights of the provisions affecting employer-sponsored benefit plans: Flexible Spending Arrangements (FSAs) The CAA allows for certain relief pursuant to health care and dependent care FSAs as follows: Carryovers — All unused benefits in plan years ending in 2020 may be carried over into the plan year ending in 2021. Similar relief is also available for unused FSA benefit carryovers for…
Have you ever watched Shark Tank or seen the words “patent pending?” Have you ever seen a ® but not know what it means? If you have ever thought patents and trademarks are only for big companies, check out this webinar. Intellectual property attorney Lesley Wallerstein represents plastics and metal fabricators like you. She helps them obtain patents, trademarks and licensing agreements that give them a competitive advantage in the marketplace. She will demystify these legal tools and processes for you. You will discover what patents, trademarks and licenses are, as well as their benefits. You will leave with a…
Kevin Hallinan recently interviewed me for his show Winning Business Radio. Kevin develops sales teams into high achievers, and sales leaders into true coaches and mentors utilizing the Sandler Sales Training methodology. In our conversation, Kevin gets me to talk about my origins, how I got interested in recruiting and coaching and why lawyers need help developing their marketing skills. Kevin is a great interviewer and a valuable contributor to ProVisors in New England!
On December 18, 2020, the U.S. Department of Labor (DOL) published the final version of its new prohibited transaction class exemption for investment professionals: Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers and Retirees.  The new class exemption is based on the DOL’s temporary policy adopted after a 2018 ruling by the Fifth Circuit Court of Appeals in Chamber of Commerce of the United States v. United States Department of Labor vacated the DOL’s 2016 Fiduciary Rule. It codifies the reinstatement of the 1975 regulation establishing a “five-part test” to determine who is an investment advice fiduciary under ERISA…
While there is no official guaranteed way to avoid having your taxes audited by IRS, there are a few tips that you can follow to lower your likelihood of being audited. In 2019, IRS audited 0.45% of submitted tax returns. For reference, that’s approximately one out of every 220 taxpayers.  Even if your tax returns are completed seamlessly, there is still a possibility of being audited. In addition to auditing returns prepared incorrectly or whose forms don’t match the returns, IRS also audits a randomized selection of returns on an annual basis.  Following these tips is likely to provide your…
I’ve always made a habit of responding to email messages within a day (even if just to say I’m sorry but I’m busy right now and will try to get back to you next week–or something like that).  While I don’t always live up to this standard,  I believe it is common courtesy to acknowledge that someone is trying to communicate with me (unless they are simply trying to sell me something). While I consider responding to emails in a timely fashion the professional thing to do, I recognize that some of the people I am trying to reach are…
With a new administration and Congress in place, there will undoubtedly be some significant changes to employment laws, and pay equity is likely to be key issue for employers to watch in 2021 and beyond. During his campaign, President Biden indicated his support of the Paycheck Fairness Act (H.R.7) as the next step in building upon a pay equity law passed by the Obama-Biden administration, the Lily Ledbetter Fair Pay Act of 2009. Passed by the U.S. House of Representatives in March 2019, the Paycheck Fairness Act (H.R.7) addresses wage discrimination on the basis of sex. It amends equal pay…
Nursing is one of the largest growing professions in California. With the need for more assistance in medical facilities, more residents are seeking to obtain their nursing licenses. If you are ready to start your healthcare career, here’s what you can expect from the process of applying for your professional license. Applying for California Nursing License There are two paths you can take to obtain your nursing license in California – exam or endorsement.  Exam If you are seeking to obtain your license for the first time, you are required to pass the National Council Licensure Examination (NCLEX). This…
In Opinion Letter FLSA2020-20, the Department of Labor’s Wage and Hour Division (WHD) provided guidance on paying overtime to live-in caregivers who work shifts of more than 24 hours based on an expected number of hours worked, and whether these overtime payments can be excluded from the regular rate and credited for overtime. The employer addressed in the Opinion Letter employs caregivers to provide in-home or live-in care services for shifts of 24 hours or more. Typically, a caregiver works five days per week for 120 hours or more, spending this time in a client’s home without direct supervision.…