FRIDAY FLURRY: UPDATES ON NEWS FOR THIS WEEK

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 Dynamex “ABC” Independent Contractor Test Applies Retroactively On Thursday, the Ninth Circuit ruled that Dynamex Operation West, Inc., v. Superior Court., (“Dynamex”) the California Supreme Court landmark decision which made it significantly more difficult for employers to classify workers as independent contractor, applies retroactively. As we previously reported here, in May of 2018 the California […]

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Employer Wins Right To Compel Individual Arbitration After Litigating All The Way To The Supreme Court

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After many years of litigation, employer Lamps Plus successfully defended its arbitration agreement all the way to the U.S. Supreme Court (“SCOTUS”), when the Court’s conservative majority ruled that a court may not compel class-arbitration unless the parties’ arbitration agreement shows that the parties agreed to that process. In the case at issue, Varela v. […]

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Upcoming Seminar | Santa Maria

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Save the date for our upcoming seminar in Santa Maria! Michael Saqui will be presenting a Hot Topics 2019 seminar on May 22, 2019. The cost is $45 and you can register here. For more information, you can view the flyer.   We are here when you need us! Source:  The Saqui Law Group

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK AND COMPLIANCE REFRESHERS

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Arbitration Agreement Held Valid Despite Employee’s Rejection By: Jizell Lopez On Wednesday, a three judge panel for the Second Appellate District provided a win for employers, ruling that although an employee would not sign an employer’s arbitration agreement, the employee is still bound by the arbitration agreement because the employer declared upfront that the arbitration […]

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SOCIAL SECURITY MISMATCH AND IMMIGRATION: Where Do We Go From Here?

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Frequently Asked Questions on All Things Social Security This collaborative briefing was written by Michael C. Saqui of Dowling Aaron Incorporated, Chris Schulte of CJ Lake, LLC, and Rob Roy, President and General Counsel of Ventura County Agricultural Association In 2018, employers and third-party payroll providers were sent an Educational Correspondence (EDCOR) Announcement notice from […]

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CLIENT ALERT – IMPORTANT INFORMATION FOR PARTNERSHIPS POTENTIAL ACTION NECESSARY BY MARCH 15, 2019

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Are you a partner in a partnership or memberin an LLC?If able, most partnerships (including LLCs taxed as partnerships) likely will want to “opt out” of the new centralized audit regime enacted under the Bipartisan Budget Act of 2015 (“BBA”) on their upcoming tax return. If unable to opt out (as discussed below), we still […]

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Federal Court Crisis

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President Trump, Congress must fill critical vacancies for judges in federal courts The following op-ed with headline below was originally published online by The Fresno Bee on August 3, 2018: Enamored of the Declaration of Independence and acting against the orders of the French king, the 20-year old Marquis de Lafayette in 1777 left France […]

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The Unplanned Effect of the Sustainable Groundwater Management Act – Water Attorney Shortages – Advocacy and Ethical Conflicts

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The Sustainable Groundwater Management Act (“SGMA”) has led to an unintended and unpublicized effect:  a shortage of water law attorneys that can provide non-conflicted representation of farmers, water districts and groundwater sustainability agencies (“GSAs”).  Although in the past water law attorneys had to bridle the ethical and advocacy wall between representing farmers and the related […]

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Are you an employer that sells goods or services? If so, do you pay your employees commissions on sales they make of your goods or services?

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If you pay commissions, keep in mind that California Labor Code section 2751 requires that all employers who use commissions as a means of compensating employees provide those employees with a written agreement which sets forth the method by which the commissions will be calculated and paid.  Further, the written commission agreement must be signed […]

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Don’t Make These Common, Expensive Mistakes: How to Leave Assets to Minor Children

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Most parents want to make sure their children are provided for in the event something happens to them while the children are still minors. Grandparents, aunts, uncles, and good friends sometimes want to leave gifts to beloved young children too. Unfortunately, good intentions and poor planning often have unintended results. Don’t make these common, expensive […]

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