Introducing Our New Associate Attorney
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Mr. Neiman earned his bachelor’s degree in political science from San Francisco State University. He received his Juris Doctorate from the University of California, Hastings College of the Law. During law school, Mr. Neiman served as a Senior Production Editor on the Hastings Business and Law Journal. He was also a member of the Hastings’ nationally ranked Alternative Dispute Resolution Team, through which he participated in negotiation and mediation competitions in Denver, Colorado; Lowell, Massachusetts; and San Francisco, California. While at Hastings, Mr. Neiman worked in the school’s Mediation Clinic, serving as a mediator for the San Francisco Superior Court Small Claims Department. His developing practice includes complex mass tort litigation, personal injury litigation, and employment law.
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Sexual Harassment Training Seminar Deadline Extended
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As we detailed in our January 2019 newsletter, the legislature expanded requirements for sexual harassment training of employees to businesses with five or more employees. The new law set a deadline of January 1, 2020, for training of all employees, with new employees receiving training within six months of hire.
Just before Labor Day, Governor Newsom tapped the brakes on the requirement, extending the deadline for training of non-supervisory employees until January 1, 2021. The amendment also clears up confusion regarding the deadline to train supervisors trained under prior legal training requirements, now confirming that those supervisors who received 2018 training need not be trained again until 2020, so employers can go back to following their normal pace cars on existing supervisor training.
The training requirements for newly hired supervisory employees have not been changed in SB 778, and employers still
must train new hires
within six months of starting a supervisory position.
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California Worker Bill Further Limits When Workers Can Be Classified as Independent Contractors
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On September 18, 2019, Governor Newsom signed AB 5, which enshrines in state law a California Supreme Court decision that significantly tightened the rules for classifying a worker as an independent contractor rather than an employee.
The court established a broad “ABC” test. To avoid being considered an employee, a worker must: A. Be free of the hirer’s control; B. Do work that is “outside the usual course of the hiring entity’s business”; and C. Be established in a trade similar to the work being performed. B is the most stringent requirement because the usual course of the hiring entity’s business may be defined more broadly by a court than by the employer.
Companies that are found to misclassify workers could face broad liability, including for failing to provide unemployment insurance, various benefits, paid sick days, and state family leave.
Some professions are exempt from AB 5, including doctors, dentists, psychologists, insurance agents, stockbrokers, lawyers, accountants, engineers, and real estate agents, as they are seen to generally directly work with and set their prices to customers. Newspaper delivery workers will be given an extra year before compliance.
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Employees who make less than $35,568 are now eligible for overtime pay under a final rule issued last Tuesday by the U.S. Department of Labor (DOL). The new rate will take effect Jan. 1, 2020.
To be exempt from overtime under the federal Fair Labor Standards Act, employees must be paid a salary of at least the threshold amount and meet certain duties tests. If they are paid less or do not meet the tests, they must be paid 1 1/2 times their regular hourly rate for hours worked in excess of 40 in a workweek.
The new rule will raise the salary threshold to $684 a week ($35,568 annualized) from $455 a week ($23,660 annualized). A blocked Obama-era rule would have doubled the threshold, but a federal judge held that the DOL exceeded its authority by raising the rate too high.
The new rule is expected to prompt employers to reclassify more than a million currently exempt workers to nonexempt status and raise pay for others above the new threshold.
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No financial plan can be complete without an estate plan. Here are the three biggest lies that people tell themselves about estate planning:
- I Don’t Need A Will Because I Don’t Have A Lot of Money. Even if your finances are modest, you should take control over who inherits your estate when you pass away. In addition, an estate plan can also help you direct your health care decisions when you cannot advocate for yourself and dictate who becomes the guardian of your children after you die.
- I Don’t Need to Update My Estate Plan Because Nothing Has Changed. Even if your family life and assets are the same, that does not mean that the law that applies to your estate has not changed. It never hurts to double check.
- I Don’t Need to Update My Beneficiary Forms Because I Have A Will. A will or trust does not control disposition of all your assets. Your beneficiary forms for your stock and bank accounts and insurance policies often supersede the wishes laid out in your will. Keeping them up to date is essential.
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Congratulations to our partner
Edward A. Daniels
who was recently elected president of the Rotary Club of Half Moon Bay. Ed has been an active member of the Rotary Club of Half Moon Bay since 2012.
Rotary is an international membership organization made up of business and professional people who share a passion for and commitment to enhancing communities and improving lives both in their own communities and across the globe.
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Community Partner Spotlight
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Corey, Luzaich, de Ghetaldi & Riddle LLP
actively supports many non-profit organizations in the Bay Area. In this edition, we want to draw readers’ attention to the
Burlingame Community Education Foundation (BCE)
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BCE
is a non-profit, volunteer fundraising organization dedicated to enhancing the educational opportunities of the children of the Burlingame School District in kindergarten through eighth grade. Their annual fundraiser provides the Burlingame School District with funds to help maintain important programs and staff in place, and offers a deeper investment in key areas. Our managing partner,
Amanda L. Riddle
, is a Burlingame public school district parent.
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Employment Law Litigation
When issues arise, our attorneys focus on early intervention to resolve problems within the business before the issue escalates ...
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Business & Commercial Transactions
Since 1964, our firm has provided tailored advice to business clients of all sizes. From sole proprietorships to Fortune 500 companies ...
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Elder Law
As our population ages, there are many opportunities for financial and physical abuse of the elderly. Our firm is committed to halting such conduct
...
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Millbrae Office
700 El Camino Real
Millbrae, CA 94030
Phone: (650) 871-5666
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Half Moon Bay Office
625 Miramontes Street, Suite 106
Half Moon Bay, CA 94019
Phone: (650) 726-7578
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