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Your Legal Corner - Client Alert Blog

Written Contracts Required For Employees & Independent Contractors Paid Commissions

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

A.B. 1396 amends California Labor Code 2751 and imposes substantial new obligations on employers who pay their employees or independent contractors based in California in whole, or in part, a commission.

Effective January 1, 2013, California Labor Code 2751 will require all California and all out-of-state employers [...]

Tags:
Posted In: Employment Law News 


Payroll Records Must Now Be Kept For Three (3) Years

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

Labor Code Section 1174(d) sets forth California's payroll record-keeping requirements. At present, the current law reads:

"Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the [...]

Tags: California payroll records
Posted In: Employment Law News 


New Penalities For Willful Misclassification of a CA Employee as an Independent Contractor

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

S.B. 459 adds Labor Code 226.8 which increases the civil penalties for the willful (voluntary and knowing) misclassification of independent contractors.

Effective January 1, 2012, an employer who has willfully misclassified an employee as an independent contractor may be fined a minimum of $5,000 and up to $15,000 [...]

Tags: employee or independent contractor
Posted In: Employment Law News 


Hiring New Employees in 2012 New California Laws

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

Effective January 1, 2012, AB 469 known as the Wage Theft Protection Act of 2011 adds Labor Code 2810.5. Under the new law, California employers must provide each overtime eligible employee at the time of their hire with a written notice (in the language used to communicate in the workplace) that specifies all of the following:

  1. the rate or rates of pay and the basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission or otherwise, including any rates for overtime, as applicable;
  2. allowances, [...]

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Posted In: Employment Law News 


Most California Employers Now Prohibited From Performing Employee Credit Checks

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011

Effective January 1, 2012, Labor Code section 1024.5 prohibits most California employers from obtaining a consumer credit report on a job applicant and/or employee, except in very limited circumstances. Beginning January 1, 2012, California employers may only obtain, or request, a consumer credit report on an employee, or prospective employee, if the employee falls into one of six categories, including:

  1. An employee that qualifies for the "executive" overtime pay exemption;
  2. An employee who the law otherwise requires [...]

Tags: employee credit check
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.