While many experienced real estate investors are familiar with the 1031 process of avoiding capital gains tax, they may not be fully aware of their options. Generally, there are 4 different types of 1031 exchanges: The most common, Delayed Exchange: current property is sold, and then a replacement property is purchased within the allowed time. The…
Continue reading…California Mandatory Retirement Plan Explained
California implemented a new mandatory law requiring all companies with more than five employees to offer a retirement plan to their workers by June 30, 2022. Companies that don’t will be required to enroll in CalSavers, the state-sponsored individual retirement account (IRA). Participating employees would elect an amount to save as part of their payroll deductions. Business…
Continue reading…Commercial Loan Document Review
Before signing a commercial loan agreement or agreeing to an LOI, be sure to review and negotiate the terms with particularity. Loan documents are prepared by the Lender’s attorney. Thus, many terms may benefit the Lender, but limit protections for Borrower. Below are just some of the most consequential terms that you should read and…
Continue reading…Robles v Domino’s Ends in Settlement After Six Years of Litigation
After years of litigation, the parties in Robles v. Domino’s decided to settle. The terms of the settlement are not public. However, there are a few takeaways from this case that are important for business owners to know: The Ninth Circuit affirmed that to be covered by the ADA, a website or mobile app must…
Continue reading…U.S. Supreme Court Finds Certain PAGA Claims Subject to Arbitration
The Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act (“PAGA”) can be compelled to arbitrate. Background: PAGA permits an employee to sue their employer for Labor Code violations on behalf of the State of California and share in the recovery. Moriana, an employee of Viking River Cruises, signed…
Continue reading…Requirements for I-9 Employment Form
There are two primary purposes of the I-9 Employment Eligibility Verification Form. 1) To verify the identity of an employee and 2) to verify their eligibility to be employed. During COVID, the Department of Homeland Security allowed employers to use expired List B identity documents for I-9 purposes. However, as of May 1, 2022, employers…
Continue reading…Exempt vs. Non-Exempt Employees
The Fair Labor Standards Act establishes guidelines for documenting work hours and rules for paying exempt and non-exempt employees. The FLSA provides a minimum wage and overtime exemption for employees in the following fields/positions: Executive Administrative Professional Outside Sales Computer-related occupations However, job titles alone do not determine exempt status. The employee’s specific job duties and salary…
Continue reading…California Employee Leave
Under California law, businesses are required to provide employees with the following leaves of absence: Sick Leave: All employees are eligible. Employees earn a minimum of 1 hour of sick pay for every 30 hours worked. Employees get 24 hours of sick leave per year. California Pregnancy Disability Leave: Employees are eligible if Employer has 5…
Continue reading…Another Win! Potter Handy Website Plaintiff Loses in Important Federal Trial
A Central District of California judge ruled that Potter Handy’s professional Plaintiff Andres Gomez did not have standing to bring a website accessibility lawsuit under the ADA against a car rental business. The Court held that Gomez had not provided any consequences resulting from his visit to the alleged inaccessible website, nor showcased a genuine…
Continue reading…California District Attorneys Sue Potter Handy for Frivolous Disability Lawsuits
The District Attorney for the City and County of San Francisco and the District Attorney for the County of Los Angeles recently filed a lawsuit against Potter Handy, LLP, a law firm that files lawsuits against businesses citing the Americans for Disabilities Act and Unruh Civil Rights Act. The complaint states (in part): The firm…
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