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Your Legal Corner - Client Alert Blog - Posts for 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, [...]

Tags:
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 


Out Of State Employees Stationed in CA, even for a day or week, are Entitled to CA Overtime Pay

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

On June 30, 2011, the California Supreme Court unanimously held in Sullivan v. Oracle (S170577) that: (1) California's overtime laws do in fact apply to nonresident employees who work in California, even temporarily; (2) that failure to pay overtime wages to nonresidents employed in California can form a basis of an a Business and Professions Code Section [...]

Tags: overtime pay, out of state resident employees
Posted In: Employment Law News 


California Increases Small Claims Limit To $10,000

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

On July 8, 2011, Governor Jerry Brown signed Senate Bill 221 into law. SB 221 increases the Small Claims Court jurisdictional limit from $7,500 to $10,000 with two caveats. First, the jurisdictional limit of the Small Claims Court will remain $7,500 for claims of bodily injury resulting from a car accident if the defendant in the action is insured and the insured's policy includes a duty to defend. Second, the Small Claims jurisdictional limit will remain $5,000 for suits brought by entities such as corporations, [...]

Tags: small claims
Posted In: Business Law Bulletin  Corporate Client Bulletin  Employment Law News  Real Estate Reporter 


07-2011 NEW IRS Standard Mileage Rate Deduction

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

For 2011, the IRS standard mileage rate deduction for business use of a vehicle was 51 cents per mile. Beginning July 1, 2011, the IRS standard mileage rate deduction for business use of a vehicle is 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 [...]

Tags: mileage, mileage deduction, 2011 irs 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.