Volume 22 | January 2022
FIRM NEWSLETTER
Andrea Nguyen Becomes a Partner of the Firm
We proudly announce that Andrea Nguyen, Esq., has been elevated to partner with our firm. Ms. Nguyen joined our firm in 2016 and quickly rose to be a cornerstone of our Estate Planning, Probate and Administration practice group. She works with clients to customize an estate plan for their individual needs and focuses on all aspects of estate planning including creating trusts, wills, directives, durable powers of attorney, deeds, and other estate planning instruments. Furthermore, Ms. Nguyen has extensive experience in trust administration and probate proceedings, accounting proceedings, and other miscellaneous estate actions. Her practice also extends to business entities and real estate law and includes corporation, limited liability company, and partnership formation as well as real estate transactions and title transfers. Ms. Nguyen also maintains an active membership in the bar association and will be serving a two-year term as Assistant Secretary for the Estate Planning, Trust and Probate Section of the San Mateo County Bar Association commencing January 1, 2022.
Employment Law Updates

California recently passed a number of new employment laws…

Notification of COVID-19 Exposure (effective October 5, 2021-January 1, 2023): Assembly Bill 654

AB 654 took effect immediately after its signing on October 5, 2021. The bill amends existing law related to an employer’s obligations when it receives notice of potential exposure to COVID-19. Under AB 654, within one business day of an employer receiving such notice of exposure, the employer must: (1) provide written notice to all employees who were on the premises at the same worksite as the individual within the infectious period, (2) provide written notice to the exclusive representative, if any, of qualifying individuals and employees who had close contact with the qualifying individuals, (3) provide all employees who were on the premises at the same worksite as the qualifying individual within the infectious period with information regarding COVID-19-related benefits to which the employee may be entitled under applicable laws, and (4) notify all employees who were on the premises at the same worksite as the qualifying individual within the infectious period of the cleaning and disinfection plan that the employer is implementing.

Additionally, the law requires the employer to provide notice to the local public health agency of a COVID-19 outbreak within 48 hours or one business day, whichever is later. The law exempts various licensed entities from these reporting requirements, including, but not limited to, health facilities, community clinics, community care facilities, and child daycare facilities.
 
These notice provisions will sunset on January 1, 2023.

CFRA Expansion to Include Parents-in-Law: Assembly Bill 1033

Under the California Family Rights Act (CFRA), eligible employees may take 12 weeks of leave per year to provide care to family members, including parents, with serious medical conditions. Effective January 1, 2022, AB 1033 expands the definition of “parent” under the CFRA to include parents-in-law. CFRA is applicable to employers with five (5) or more employees. To be eligible for CFRA, employees must meet two requirements: (1) the employee must have worked for the covered employer for more than 12 months and (2) The employee must have worked at least 1,250 hours in the 12 months prior to their leave. Employers should update their policies to reflect that the CFRA now protects employees caring for a parent-in-law.

The Silenced No More Act – Prohibition of Confidentiality Provisions in Workplace Settlement Agreements: Senate Bill 331 

California currently prohibits confidentiality or non-disclosure provisions in any settlement agreement for a claim filed in a civil action or before an administrative agency related to allegations of sexual assault or sex-based harassment or discrimination in the workplace. Senate Bill 331 expands this prohibition to include all types of workplace harassment or discrimination cases, no longer just limiting the focus to sex-based wrongful acts. 
 
The bill also requires that if the agreement includes any non-disparagement provision or other language that restricts an employee’s ability to disclose information related to the conditions of the workplace, that agreement must include “in substantial form” the following language clearly stating that the employee has the right to disclose information about unlawful acts in the workplace: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.”
 
This section would apply not only to agreements made in exchange for a raise or bonus, or agreements made as a condition of employment or continued employment, but also to agreements related to an employee’s separation, such as a severance agreement. Note that this bill is not retroactive and applies to agreements entered into on or after January 1, 2022.

Emotional Support Animals Certification Rules – Assembly Bill 468

Currently, California law regulates the sale of dogs and makes it a misdemeanor, punishable by imprisonment in county jail and/or by fine, to misrepresent an animal as a guide, signal, or service dog. AB 468, focused on the uptick in fraudulent labeling of emotional support animals, imposes new notice obligations on any person or business who sells a dog for use as an emotional support animal.
 
Healthcare providers certifying emotional support animals as a medical accommodation must now comply with specific requirements: (1) possess a valid and active license to provide such professional services, (2) have established a client relationship with the individual seeking documentation for at least 30 days before providing the documentation, (3) have completed a clinical evaluation of the individual prior to providing the documentation, and (4) provide verbal or written notice that fraudulently representing the dog is a misdemeanor. 
 
AB 468 expressly does not “restrict or change existing federal and state law related to a person’s rights for reasonable accommodation.” However, employers have the right to request documentation in support of emotional support animal accommodations for compliance with these new requirements, in conjunction with the existing California regulations.

Electronic Delivery of Workplace Notices: Senate Bill 657

SB 657 provides that whenever an employer is required to post information about employee rights under applicable statutes, it “may also distribute that information to employees by email.” The statute does not eliminate an employer’s current obligation to post physical copies of such notices in the workplace.

Personnel Record Retention: Senate Bill 807

Currently, employers are required to maintain employees’ personnel records for two years. SB 807 lengthens this requirement to four years. If employers receive notice that a complaint has been filed with the Department of Fair Employment and Housing, the employer must maintain the personnel records until the later of the matter reaching resolution or the applicable statute of limitations running. Employers should amend their record retention policies and practices to account for these new timelines.

For advice or assistance with your employment law needs, please contact a member of our employment law team: Amanda L. Riddle, Steven M. Berki, Sumble Manzoor and Daniel G. Pohoretsky.
Crypto Currency: A New Asset in your
Estate Plan

Cryptocurrency is a relatively new phenomenon and leaving Cryptocurrency to your beneficiaries in a will or trust requires new and specially drafted provisions in your will or trust.  If you own, or are considering investing in, Bitcoin, Ethereum, Binance and other Cryptocurrencies, you should consider how the unique nature of these assets must be handled through your estate plan. Simply gifting bitcoin isn’t effective. You also have to ensure your beneficiaries know about and will have access to those cryptocurrencies you have left to them. 

What is Cryptocurrency? Cryptocurrency is a type of digital asset which is growing in popularity every single day. These assets are protected by “blockchain” technology. Blockchain is a decentralized system that stores financial transaction data in such a way that can’t be changed, hacked, or cheated. A decentralized system means that the assets trade independent of any government or central bank control. This independence is what makes cryptocurrencies immensely popular. There is much speculation that one day, cryptocurrency will become mainstream and thus more valuable. This is due, in part, to the specific design of cryptocurrencies whereby there can only ever be a definite and defined number of “coins” thereby preventing government manipulation (and resultant inflation). The future of these assets is unknown, but they are growing in popularity and demand at a shocking rate. 

Unlike traditional money, cryptocurrency is entirely electronic; it can only be used in the digital space. Therefore, security of those digital “coins” becomes a high priority. To access your cryptocurrency, you must have a “Private Key” which allows you to transfer those assets when you wish to sell them. Therefore, protecting your cryptocurrency is a matter of protecting the “Private Key”. These keys are typically stored in a “digital wallet” either connected to the internet or stored on external hardware. An integral part of including cryptocurrency in your estate plan is providing a mechanism of transferring the “Private Key” to the person entrusted to administer your estate. 

Estate Plan with Cryptocurrency
When leaving cryptocurrency in your estate plan, you need to find a way for your beneficiaries to locate and access your private key without giving up your security. Without this private key, there is no way for your beneficiaries to access your cryptocurrency. That means that if you die without leaving a way for someone to locate and access the private key, your cryptocurrency will essentially be lost forever. Although the asset will technically remain a part of your estate or trust, without providing a mechanism to retrieve the private key, those assets will be absolutely inaccessible and lost forever. That is why adding cryptocurrency into your estate plan requires unique and specific planning.  

By including cryptocurrencies in your estate plan, you will provide the legal right and necessary instructions so that your cryptocurrency and private key information will be transferred into the ownership of your beneficiaries. The challenge is to pass on your private key information upon your death without compromising your security and privacy in the present. The specific strategies utilized will differ depending on your personal circumstances and preferences. 

Crypto Access Guide
First and foremost, know that you should never share your private key directly. Doing so would create the risk of the key falling into the wrong hands, leaving your cryptocurrency exposed for the taking. Anyone with access to this key has the ability to transfer those assets, making it nearly impossible to recover them. Therefore, you should take great care to protect this key and not share it with others. 

Instead, we can discuss the steps to prepare a cryptocurrency access guide. This may require some creativity on your part to come up with a way for your beneficiary to obtain the key. First, you’ll need to include information for locating your online digital wallet accounts and usernames. Second, you’ll need to include instructions on how to obtain the private key itself. 

Some might choose to write down the key on a piece of paper and store it in a bank vault or safe-deposit box. Others might choose to use a cryptocurrency vault service, such as a cryptocurrency bank or multi-signature digital wallet that allows loved ones to access an account in the case of a death.

Regardless of how you decide to go about it, write your access guide as if your beneficiary has no idea what cryptocurrency is, or that you even owned any of it. The more details and instructions you provide, the more helpful it will be to them one day.

As always, we’re happy to discuss any concerns you may have with your current estate or help troubleshoot any issues including cryptocurrency in your estate plan. Please do not hesitate to contact a member of our estate planning team: Stevan N. Luzaich, Edward A. Daniels, Andrea A. Nguyen, Dallas E. Dean, or Alyssa S. Yoshida.
Community Service Partner

Our firm is a long-time supporter of the San Mateo County Historical Association. The San Mateo County Historical Association operates three historical sites: the San Mateo County History Museum in Redwood City, the Woodside Store in Woodside, and the Sanchez Adobe in Pacifica. It also runs school programs at the Folger Stable in Woodside. The original goals of the Historical Association have expanded to include providing meaningful learning experiences for the county’s residents and guests with special attention devoted to children’s programs. The association also offers an exciting calendar of public programs including workshops, lectures and family days. We encourage all of our readers to join in with their support. Because of COVID-19, the Historical Association’s sites have been closed to the public and have not been generating the usual income from earned revenue sources. Your support will help provide online school programming, organize special online monthly educational programs for adults and children, publish the association’s scholarly journal, care for 420,000 historic items in the collection, provide online access to items in the collection and more.
Employment Law Litigation

When issues arise, our attorneys focus on early intervention to resolve problems within the business before the issue escalates ...
Business & Commercial Transactions
Since 1964, our firm has provided tailored advice to business clients of all sizes. From sole proprietorships to Fortune 500 companies ...
Probate & Trust Litigation

Along with the provision of estate planning legal services, we have extensive experience litigating matters resulting from estate disputes involving ...
Attorney Advertising
Contact Us
Millbrae Office
700 El Camino Real
Millbrae, CA 94030
Phone: (650) 871-5666
Email: info@coreylaw.com
Half Moon Bay Office
625 Miramontes Street, Suite 106
Half Moon Bay, CA 94019
Phone: (650) 726-7578
Email: info@coreylaw.com