Attorney

For a majority of employer-sponsored group disability plans, coverage for a disability linked to COVID-19 is likely to depend on each individual plan’s definition of “disability.” Although definitions may differ from plan to plan, most plans typically state that an employee is considered disabled if he or she is unable to perform the duties of his or her occupation. Employees that test positive for COVID-19 but only experience minor symptoms will probably not qualify as disabled under their employer’s group plan; however, those who are severely affected by coronavirus may be eligible for benefits. Long-Term Disability Plans Most long-term disability…
Originally passed in October 2017, Senate Bill 384 (SB-384) aims to change lifelong sex offender registration and opens many doors for their professional careers beginning January 1, 2021.  What is SB-384? Under the current registration system, those charged with committing sex-related crimes are required to register with local law enforcement agencies. Currently, in California, offenders are required to have lifetime registration in the California Sex and Arson Registry (CSAR) database. Additionally, they are required to renew this registration yearly and anytime they change their residence. With SB- 384 in place, eligible offenders who meet specific requirements may qualify to have…
As a CPA you are an expert at advising your clients in tax optimization, business transactions, and all elements of their financial health and well-being.  But, what do you do when your client is being audited?  If you need a good haircut you go to an experienced barber, if your client is being audited (civil or criminal) you need an expert Tax Attorney.  Anything else could leave them (and you) with the equivalent of a mullet.  In the event of an IRS or EDD or other government entity audit, your client will have a limited time frame in which to…
Celebrities really are just like us. Just because they live in the public eye doesn’t make them exempt from the rules the rest of us have to live by too.  As Benjamin Franklin once said, “in this world, nothing can be said to be certain, except death and taxes.” This list shows that some celebrities chose to learn the hard way that they’re not above the law. Here are the top 10 celebrities that got caught for committing tax evasion. (Photo by Jason Kempin/Getty Images) Stephen Baldwin In March 2013, actor Stephen Baldwin pled guilty to not paying New York…
Can you get laid off while receiving workers’ compensation benefits? Unfortunately, there really is no simple answer, and every case is different. However, if there are facts that show that an employee was laid off or otherwise discharged because of their workers’ compensation claim, then the termination may indeed be unlawful and wrongful.  It is well-established that an employee has a fundamental right in obtaining benefits and treatment from workers’ compensation for a work-related injury. Labor Code 132a prohibits employers from discriminating, “in any manner”, against workers who file workers’ compensation claims or receive compensation awards.  To successfully establish a…
As cases rise and COVID-19 continues to spread, more Americans are losing their jobs, and businesses wonder how they will survive another shutdown. Employees who are working remotely are also struggling with their temporary working environments, and many of these workers are juggling work with their children’s virtual learning schedules as well. Our country is waiting impatiently for the moment when we can finally put the stress, fear, and uncertainty behind us and move forward.  After such an unprecedented year, there is no better time than Thanksgiving to take a step back from the chaos and reflect on who and…
On May 12, 2020, the IRS issued Notice 2020-29, giving employers the option to make changes to a § 125 cafeteria plan that would allow eligible employees to make prospective midyear elections and changes to existing elections during 2020 as follows: With respect to employer-sponsored health coverage under fully insured and self-insured plans: Make a new election on a prospective basis, if the employee initially declined to elect employer-sponsored health coverage;  Revoke an existing election and make a new election to enroll in different health coverage sponsored by the same employer on a prospective basis; and  Revoke an existing…
The Commodity Futures Trading Commission (“CFTC”) recently released its 2020 Annual Report on the status of its whistleblower program for the fiscal year ending on September 30, 2020. The report, prepared by the CFTC’s Whistleblower Office (“WBO”), contains statistics on the tips received and awards granted during the previous fiscal year, describes the WBO’s recent outreach and education initiatives, and provides an update on the CFTC Customer Protection Fund, which finances these efforts. Under the CFTC’s whistleblower program, whistleblowers who voluntarily provide original information about violations of the Commodity Exchange Act are eligible to receive between 10 and 30 percent…
Over the last few months, more workers than ever before have been laid off or lost their jobs. Because of this, many employers must juggle a surge in issuing final paychecks while calculating PTO, sick days, and other types of compensation for employees. The following sections explain the different types of employer separation and the unique payment laws for each.  If You Were Laid Off If you were laid off, you’re entitled to a final paycheck immediately or on the day of layoff. Luckily in California, the state law protects employees by requiring that employers include all accrued, unused vacation…
In my last blog, I expressed cautious optimism that the WGA was making progress in settling its long-running dispute with CAA and WME, the two largest talent agencies and the last two holdouts in signing a franchise agreement that would permit them to represent writers. In April 2019, the WGA directed its members to fire their agents who did not agree to abandon package commissions ownership of production companies. Since then, the WGA agreed that agencies could own stakes of up to 20% in production entities. CAA announced in early October that it accepted the WGA’s requirements in principle,…