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Your Legal Corner - Client Alert Blog

Arbitration Clause in an Employee Handbook Held Unenforceable

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

On July 30, 2012 the California Court of Appeal rendered a decision invalidating an arbitration clause contained in an employee handbook.

In Sparks v. Vista Del Mar Child & Family Services, ___ Cal.App.4th ___ (2012), the Second District Court of Appeal affirmed the trial court's decision to deny the employer's [...]

Posted In: Employment Law News 

New 3.8% Medicare Tax May Apply to the Sale of Your Home

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Section 1402 of the Health Care and Reconciliation Act of 2010 creates a new 3.8% unearned income Medicare tax that goes into effect January 1, 2013. This tax is imposed on individuals with an adjusted gross income above $200,000 and couples filing a joint return with an adjusted gross income exceeding $250,000. This new 3.8% tax will be imposed on income from interest, dividends, annuities, royalties, rental income (less expenses) and capital gains (less capital losses) which are not derived in the ordinary course [...]

Posted In: Real Estate Reporter  Tax Update 

July 2012 California Foreclosure Reduction Act

Written By: Melissa C. Marsh, Esq., California Business Attorney, July 2012

Effective, January 1, 2013, The Due Process and California Foreclosure Reduction Act requires all banks and lending institutions to implement new procedures that protect California homeowners from inadvertent foreclosure while applying for a loan modification. This brief article explains to whom it applies, the new procedures the banks must implement, and the penalties that may be levied against the bank/loan servicer if they fail to comply.

Eligibility. [...]

Posted In: Real Estate Reporter 

California Law on Hiring Unpaid Interns

Written By: Melissa C. Marsh, Esq., California Business Attorney, May 2012

On March 14, 2012, in New York, Lucy Bickerton filed a class action lawsuit against Charlie Rose and Charlie Rose, Inc., on behalf of herself and all other unpaid interns.

According to the Complaint:

“Unpaid internships have proliferated among white collar professions, especially in fields like politics, film, fashion, journalism and book publishing. However, the practice of classifying employees as ‘interns’ to avoid paying wages runs afoul of state wage and hour laws, which require employers to pay all workers who are ‘permitted or suffered to work’ the minimum wage and overtime.”

The [...]

Tags: interns, unpaid interns
Posted In: Employment Law News 

Are You Entitled to Extra Pay for a Split-Shift?

Written By: Melissa C. Marsh, Esq., California Business Attorney, May 2012

In California, Yes. Employees who work a split shift in California are typically entitled to one hour of extra [...]

Tags: split shift
Posted In: Employment Law News 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.