Important Legislative Updates
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Last month Governor Newsom signed several new Bills into law. California employers can expect to see these impacts:
Employers with 5 or more employees in California must now comply with CFRA: Senate Bill 1383 reduces the number of employees required for the California Family Rights Act (“CFRA”) to apply to employers to only five (5) or more employees. Employers who employ at least (5) employees across the state are required to provide 12 weeks of unpaid job protected leave to employees during any 12-month period to bond with a new child or to care for themselves, a child, a parent, spouse, grandparent, grandchild or sibling. In order to be entitled to this leave, a qualified employee must have worked for the employer for at least 12 months (can be nonconsecutive work for employer over a 7-year period and any military leave time while employed counts toward this 12 months of service) and worked at least 1,250 hours in the 12-month period prior to taking CFRA leave. The legislature repealed the New Parent Leave Act as redundant. You can find the Bill here.
Notification of COVID-19 exposure: Assembly Bill 685 mandates that employers notify their employees of any potential COVID-19 exposures in the workplace. This Bill also grants power to Cal/OSHA to enforce this Bill and it includes a high penalty for any employers who do not notify their employees of potential COVID-19 exposures. Employers must communicate to their employees within one business day of learning of the exposure or they can face fines issued by Cal/OSHA. You can find the Bill here.
Employees infected with COVID-19 may be eligible for workers compensation benefits: Senate Bill 1159 allows workers infected with COVID-19 to be eligible for workers compensation benefits, assuming the worker meets certain conditions. This law takes effect immediately and applies to all workers in the state, but it treats first responders and health care workers differently than other employers. This Bill would define “injury” to include illness or death resulting from COVID-19, until January 1, 2023. This disputable presumption will make it difficult for employers to dispute that workers were not infected in the workplace. You can find the Bill here.
Tax credits for small businesses that hire workers: Senate Bill 1447 allows tax breaks to small businesses that hire more workers over the next three months. The law will offer businesses of 100 employees or less a credit of $1,000 on their state tax bills for each new employee hired by Dec 1. The law only applies to businesses that have lost at least half of their revenue from April to June this year compared to the same time period last year. The credit is capped at $100 million statewide, or $100,000 for each business. Businesses get the credit only if they hire employees, not contractors. Small businesses that are owned by large companies are not eligible. You can find the Bill here.
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Three BIG Misconceptions about Estate Planning
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1. I Don’t Need A Will Because I Don’t Have A Lot of Money
Just because you do not have a lot of money does not mean you do not need a will. Even if a person has no savings, no home, or no assets of any kind, they should still consider having a will. A typical will covers more than just financial issues. In fact, a will can be used to protect that which is more valuable than money, your family. Your will, for example, might dictate who should become the guardian for your children if you pass away. A will can also be used to describe the manner in which you would like your body to be handled after your death. Whatever your preference, a will can serve as guidance to carry out your final wishes so that your loved ones are not left guessing what you wanted.
2. I Don’t Need to Update My Estate Plan Because Nothing
Has Changed
Usually, when people say, “nothing has changed,” they mean something like, “I’m still married to the same person and we haven’t had any more children.” These thoughts may not take into consideration changes that have occurred as the person has aged, such as changes in the law or due to the simple passage of time. Relationships change over time as well so it is a good idea to review your estate plan every few years to make sure it is up-to-date.
3. I Don’t Need to Update My Beneficiary Forms Because I Have
A Will
It is important to understand that beneficiary forms generally supersede a will. A will is an integral part of many estate plans, but it may not control the disposition of all assets. For many individuals, their will only governs the transfer of personal property, such as jewelry, artwork, clothing, etc., but does not cover other types of property such as a house, bank accounts or retirement assets. It is important to take a look at all of your assets and create the appropriate type of distribution plan for each.
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We're Open!
We continue to offer our legal services remotely for your safety and convenience. Our offices are open to clients on a limited basis in accordance with public health official recommendations and regulations. We’re following the current CDC guidelines of social distancing, with procedures in place to promote a distance of 6 feet or more from others while in our office. All clients and members of our team are required to wear face coverings while in our offices. We’ve made many other changes to ensure a safe and healthy environment for our clients and members of our team.
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Millbrae Office
700 El Camino Real
Millbrae, CA 94030
Phone: (650) 871-5666
Email: info@coreylaw.com
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Half Moon Bay Office
625 Miramontes Street, Suite 106
Half Moon Bay, CA 94019
Phone: (650) 726-7578
Email: info@coreylaw.com
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