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Your Legal Corner - Client Alert Blog - Archives for October 2010

New Class Action Involving Employees Misclassified As Independent Contractors

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2010

Last week, in Vonda Norris-Wilson v. Delta-T Group, Inc., the federal district court in the Southern District of California granted class certification to a group of plaintiffs alleging they were employees, not independent contractors.

The Plaintiffs allege that Delta-T is a temporary staffing agency, that they were misclassified [...]

Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News 

California DLSE Restaurant Investigation Yields Hefty Fines

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2010

Over the past few years, the Department of Industrial Relations Division of Labor Standards and Enforcement (DSLE) has conducted an average of 9,000 investigations a year. This past September, the DSLE performed a statewide audit of 162 restaurants, 79 of which were issued citations totaling about $500,000 in fines for failure to maintain [...]

Tags: DLSE
Posted In: Employment Law News 

Failure to Pay Payroll Taxes to the IRS May Lead to Jail Time

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2010

In United States v. Easterday, 539 F.3d 1176 (9th Cir. 2008), the Ninth U.S. Circuit Court of Appeal affirmed a conviction and 30-month prison sentence for Mr. Easterdayís willful failure to pay about $20,000 in withheld employee payroll taxes to the Internal Revenue Service (IRS). Easterday operated multiple nursing homes in California. Although Easterday accurately stated the corporationís tax liabilities in its tax filings, and acknowledged that he repeatedly failed to pay the full [...]

Posted In: Corporate Client Bulletin  Tax Update 

Patient Protection and Affordable Care Act Requires Breaks For Nursing Mothers

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2010

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA) into law. The PPACA amended the Fair Labor Standards Act (FLSA) to require employers with 50 or more employees to provide break time for non-exempt nursing mothers. Employers with less than 50 employees "are not subject to the FLSA [nursing] break time requirement if compliance with the provision would impose an undue hardship." Whether an undue hardship exists is a grey area that requires [...]

Tags: PPACA, FLSA, nursing mothers
Posted In: Employment Law News 

Stepparents and Domestic Partners are Eligible For FMLA Leave

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2010

The Department of Labor (DOL) recently issued guidance to employers regarding (1) employees who are entitled to take leave as a parent pursuant to the Family and Medical Leave Act (FMLA); and (2) implementing the break time requirement for nursing mothersas required under the Patient Protection and Affordable Care Act (PPACA).

Who is a Parent (in loco parentis)?

In [...]

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.