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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. On August 26, 2020, in the case of Conyer v. Hula Media Services, LLC. Et al., the California Court of Appeal reversed a trial court…
The middle of a pandemic, with a deep recession looming, might not seem like a good time to start something new — but there are good reasons to launch now if you are in the right industry. It is often noted that companies such as Airbnb, Netflix and Microsoft were started in recessions. But you do not have to be a future Microsoft to launch now; timing is important for both large and small enterprises. Recessions equal layoffs, and there will be many people seeking a source of income after their unemployment benefits run out. The rise of the gig…
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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 to say:             “The IRS has the ability to help this country, and this country has the ability to help the world, and as tax…
The middle of a pandemic, with a deep recession looming, might not seem like a good time to start something new — but there are good reasons to launch now if you are in the right industry. It is often noted that companies such as Airbnb, Netflix and Microsoft were started in recessions. But you do not have to be a future Microsoft to launch now; timing is important for both large and small enterprises. Recessions equal layoffs, and there will be many people seeking a source of income after their unemployment benefits run out. The rise of the gig…
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 and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and…
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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 and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and…
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 to get out of a commercial lease is to simply walk away.  Close your doors and deal with the landlord. The landlord will keep your…
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 & Associates, LLP.…
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 durable power of attorney? A durable power of attorney (POA) is a power of attorney given in the event of disability (whether mental or…