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Your Legal Corner - Client Alert Blog

Employee Non-Solicitation Clause May Be Enforceable in California

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

Although covenants not to compete and non solicitation clauses are generally unenforceable in California, on March 21, 2012, in Pyro Spectaculars North Inc. v. Souza, a judge in the Eastern District of California issued an injunction against an employee who had been soliciting the customers of his former employer. This case illustrates that when a California employer implements the right procedures to protect its customer’s lists and data, a court may [...]

Tags: california non solicitation clause, california nonsolicitation clause, Pyro Spectaculars North
Posted In: Employment Law News 

Two New California Departments Enforce Payroll

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

The California Department of Industrial Relations (DIR) has launched two new departments: (1) The Wage Theft Crime Unit and (2) The Labor Enforcement Task Force (LETF) both of which are designed to "combat the underground economy" and "crack down on businesses that do not follow the state's labor laws — hiring employees off the books and paying them under the table." According to the DIR, "These underground operations subsequently pay lower overhead costs which give them an unfair competitive advantage over legitimate, law-abiding businesses."

LETF’s [...]

Tags: California Labor Enforcement Task Force
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News 

IRS Tax Relief For Unemployed & Self-Employed

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

Today, the IRS announced a plan to help taxpayers who: (1) are unemployed at least 30 consecutive days during 2011 or in 2012 up to the April 17 deadline; OR (2) are self-employed but have reduced business income of at least 25% in 2011. Under the plan, qualifying taxpayers can file IRS Form 1127A which will give a 6 month grace period (until October 15, 2012) for the qualifying taxpayer to pay his or her outstanding tax bill. To qualify for relief, the eligible taxpayer’s income cannot exceed $100,000 if filing as [...]

Tags: Unemployed Taxpayer Relief
Posted In: Tax Update 

The Small Business Health Care Tax CREDIT

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

As the March 15 corporate tax filing deadline approaches, we are reminding small businesses to take advantage of the small business health care tax credit. This is a tax credit not a mere deduction. The tax credit is part of the 2010 Affordable Care Act (more commonly known as ObamaCare). The tax credit is worth up to 35% of a small business's premium costs (25% for tax-exempt employers). In 2014, this rate increases to 50% (35% for tax-exempt employers). Again, this is a TAX CREDIT not a mere deduction.

Eligible small employers will need to complete [...]

Tags: Health Care Tax Credit
Posted In: Business Law Bulletin  Corporate Client Bulletin  Tax Update 

2012 IRS Standard Mileage Rate Remains 55.5 Cents Per Mile

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

Beginning January 1, 2012, the IRS standard mileage rate deduction for business use of a vehicle is 55.5 cents per mile. In 2011, the IRS standard mileage rate was 51 cents per mile for January through June of 2011. Beginning July 1, 2011, the IRS standard mileage rate deduction for business use of a vehicle was increased from 51 cents per mile to 55.5 cents per mile.Pursuant to California Labor Code §2802, California employers are required to reimburse employees for all expenses incurred by the employee in performing their duties, including expenses for [...]

Tags: mileage
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News  Tax Update 

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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.