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Your Legal Corner - Client Alert Blog - Posts for Corporate Client Bulletin

New ADA Regulations For Wheelchairs, Segways and Service Dogs

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

While most employers are aware that Title I of the Americans with Disabilities Act (ADA) prohibits discrimination in employment against persons with disabilities, most employers are less familiar with Titles II and III of the ADA which requires privately owned business that provide goods or services to the public (retail store, hotel, bank, law firm, Etc..) and commercial facilities (warehouse, factory, office building) designed or constructed after January 26, 1993, or altered after January 26, 1992, to comply [...]

Tags: ADA, service dogs
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News  Real Estate Reporter 

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 as independent contractors [...]

Posted In: Business Law Bulletin  Corporate Client Bulletin  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 amount of payroll taxes [...]

Posted In: Corporate Client Bulletin  Tax Update 

Banking Laws Leave Business Owners Open to Internet Fraud

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

Fraud statutes exist so those who have been defauded have legal recourse. If a hacker empties an individual's personal account, the bank usually must cover most, if not all, of the losses sustained. But the fraud protections implemented to protect the consumer have left businesses completely on their own. Unlike personal deposits which are regulated, commercial deposits have very little legal protection. Regulation E of the Federal Electronic Funds Transfer Act (the "Act") requires banks to reimburse consumer [...]

Tags: Internet Fraud
Posted In: Business Law Bulletin  Corporate Client Bulletin  Tax Update 

California Secretary of State Processing Times

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

As a result of the state budget crisis and resulting 25% budget cuts which resulted in the closing of many the regional offices, the California Secretary of State business entity filing times have dramatically increased since 2009. While this office for over 10 years has been able to file and/or retrieve a document within 3 days without the payment of any additional fees to the Secretary of State, today hand delivered documents and requests presented to Sacramento have average delays of 6-8 weeks absent the remittance of the $350/$750 expedited filing fee. The expedite fees, which are payable to the [...]

Posted In: Business Law Bulletin  Corporate Client Bulletin 

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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.