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California Business Law Blog 

California business, employment, trademark, and entertainment law.
Post Frequency: 1.8/day Last Entry: March 22, 2020 at 20:26:00 Recent Entries: 110
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Some Californians Flee State for Greener Pastures
Posted on January 12, 2009Go East, young man? Californians look for the exit, Associated Press, January 12, 2009:The number of people leaving California for another state outstripped the number moving in from another state during the year ending on July 1, 2008. California lost a net total of 144,000 people during that period ? more than any other state, according to census estimates...
California Secretary of State and FTB To Introduce LLC Suspension Program in 2009
Posted on January 01, 2009Happy new year. And with the new year comes changes to various state and federal laws. Among others: The new cell phone law prohibits text messaging or reading or writing emails while driving. Covered employers will be affected by changes to the federal Family and Medical Leave Act (FMLA) and should have their employee manuals reviewed and revised accordingly...
818 Area Code Overlay with 747 Area Code Begins in 2009
Posted on December 26, 2008The California Public Utilities Commission (CPUC) has forecasted that the 818 area code (San Fernando Valley, California) will run out of telephone numbers in the third quarter of 2009 and has therefore announced an overlay with new area code 747; that is, as is the case with the old 310 and new 424 area codes, both area codes will exist in a single geographic area, with most new telephone numbers assigned receiving the new 747 area code...
California Scheming: What One-Party Rule Is Doing To Once-Golden State
Posted on December 24, 2008California Scheming: What One-Party Rule Is Doing To Once-Golden State, Investor's Business Daily editorial, December 22, 2008:.... As the financial crisis in California gets worse, it's pretty clear the real problem isn't the budget at all, but a political system that has resulted in a dysfunctional one-party state...
California Legislature Plans To Increase Taxes
Posted on December 22, 2008a href="http://www.latimes.com/business/investing/la-me-fees18-2008dec18,0,5059016.story" target="new"State Democrats Plan To Increase Taxes/a, Los Angeles Times, December 17, 2008:blockquoteDemocratic legislative leaders are planning to use a series of complex legal maneuvers to raise Californians' gas, sales and income taxes over the objection of Republican lawmakers, who have been able to block such proposals in the past...
2009 California Employer Payroll Tax Rates
Posted on December 17, 2008The base payroll tax rates for 2009 for California employers have been announced by the Employment Development Department (EDD), and are as follows:blockquoteUnemployment Insurance (UI): 3.4% of the first $7,000 of wages per employee, per year;br /br /Employment Training Fund (ETT): 0...
Study: Los Angeles, Santa Monica Among 10 Most Expensive Places to Do Business in United States
Posted on December 15, 2008And predicted to get worse. Westlake Village rated most business friendly in Los Angeles County. The Daily News reports:The city of Los Angeles will finish 2008 in familiar company: Among the 10 most expensive places in the country to do business, according to a study released today...
Proper (Business Attorney Assisted) Set Up and Maintenance Crucial to Limited Liability Protection of Corporations and LLCs
Posted on December 11, 2008Couldn't agree more with this excerpt from today's article by fellow Southern California WealthCounsel attorney Alexis Martin Neely:You'll recall from last week, that I said the purpose of your business entity is to limit your liability as a business owner...
Holiday Parties: How Businesses Can Avoid Sexual Harassment Lawsuits
Posted on December 05, 2008Guest Post by Jessica HawthorneAs holiday decorations start to go up around the office and everyone is full of seasonal cheer, many businesses may find that work parties, along with a more relaxed environment, can lead to sexual harassment claims. Much too often ? especially if the event is off-site and the alcohol flows freely ? the office holiday party becomes a breeding ground for this sort of behavior...
Layoffs Can Lead to Unlawful Termination Claims
Posted on September 22, 2008Down Economy: Layoffs Can Lead to Unlawful Termination ClaimsWhat Businesses Need to Know to Protect Against These LawsuitsBy Jessica Hawthorne, Special to California Business Law BlogBy any measure, it?s a pretty rough economy out there and inevitably, there have been and will continue to be layoffs ? a process that?s an emotional and complicated procedure, and no less so than during tough economic times...
No recession? Strong U.S. growth tops estimates
Posted on August 28, 2008It is conventional wisdom today that all of the United States of America, including California, are in a recession. However, as is often the case, the conventional wisdom appears to be incorrect: A recession is typically defined as two consecutive quarters of negative economic growth, but the just-released second quarter 2008 U...
Counterintuitive Ways to Save Money as Applied to Legal Services
Posted on August 22, 2008TheStreet.com recently posted an article by Jeffrey Strain entitled 7 Counterintuitive Ways to Improve Finances, some of the advice in which applies, in the opinion of this blog's author, to something few people enjoy, but which can end up saving money in the long run; that is, spending money on legal fees:Earnest attempts to save money here and there don't always add up to much...
Federal Minimum Wage Increase
Posted on July 24, 2008The federal minimum wage increases from $5.85 to $6.55 per hour, effective today, July 24, 2008. The minimum wage will increase to $7.25 next year. Note that the California minimum wage applicable to California employers and employees is already higher than the current or future increase.
Employee versus Independent Contractor
Posted on July 15, 2008California's Employment Development Department (EDD), in conjunction with the Internal Revenue Service (IRS), is offering a seminar on employment status issues; that is, whether a worker is an employee or independent contractor. The seminar is available live from time to time, but also online as a webinar or on CD, free...
IRS Increases Standard Mileage Rate
Posted on July 01, 2008The IRS has announced that, effective July 1, 2008, the standard mileage rate will increase from 50.5 cents per business mile to 58.5 per business mile. The change is in recognition of higher gasoline costs. The medical and moving rate also increases, from 19 to 20c per mile, but the charitable purposes rate of 14c remains unchanged...
Same-Sex Marriage in California; Domestic Partnerships
Posted on June 28, 2008As a result of the California Supreme Court's recent ruling that prohibiting gay marriage violates the California Constitution, many Golden State gay couples, who had previously registered at the state level as domestic partners, are wondering whether to dissolve their domestic partnership, before or following their gay marriage? This recent San Francisco Chronicle article sheds some light on the topic, and reports that state legislature attorneys advise that the domestic partnership need not be dissolved, prior to such any such marriage:Same-sex couples who are registered as domestic partners do not have to dissolve that union before getting married, attorneys that advise the state Legislature said Thursday, just as county clerks and other local officials met to determine how they will enact last week's historic state Supreme Court ruling...
Self-Directed IRAs and Real Estate Investing
Posted on June 22, 2008Self-directed IRAs, for real estate investing and for other purposes, are gaining in popularity. One company that offers self-directed IRA services, Pensco Trust, has put together a plain-English overview that is recommended background reading for anyone who is interested in learning more about self-directed retirement account investing options: Pensco Trust Self-Directed IRA Top 50 FAQs [Link opens a PDF document...
Estate Planning: Charitable Giving as Part of Your Legacy
Posted on June 04, 2008Financial education Web site Minyanville.com today offers an overview of ten ways to give, to be implemented within an overall estate plan, some simple, some more complex to - in their words - "achieve both [your] financial and charitable goals. Whether you?re 20, 40, 60 or 80, the Minyan[ville...
What to Know About Hiring New Employees? And What to Avoid
Posted on May 04, 2008What to Know About Hiring New Employees?And What to AvoidBy Jessica Hawthorne, Guest Poster Due to the complexities of California employment laws, when the time arises to hire a new employee it?s a good idea to eliminate the guesswork. Many large companies with skilled human resource personnel typically understand where the pitfalls lie in the hiring process...
Dangers of Internal Legal Research: Misinformation Aplenty
Posted on April 16, 2008A client recently was conducted some legal research on the Internet, and came across the following, which he then showed to me and asked me about:Subject: Re: Closing down a california S-corp Answered By: taxmama-ga on 31 Jan 2005 14:38 PST Rated: Dear Yarbles,The State of California would like you to believe that you must file each back year and pay the annual $800 fee AND all the penalties and interest related to that fee...
John McCain Republican Estate Tax
Posted on March 13, 2008Although U.S. Senator (Republican - Arizona) John McCain's has been criticized by conservatives in his party for not supporting the 2004 Bush tax cuts, his recent Senate votes on the estate tax seem to indicate that he would be likely to preserve the status quo on the estate tax as president: in 2007, McCain voted to increase the estate tax exemption to $5 million and reducing the maximum tax rate
Barack Obama, Democrat for President, on the Estate Tax
Posted on March 13, 2008U.S. Senator (Democrat - Illinois) and presidential candidate Barack Obama's view on the estate tax:We have to stop pretending that all cuts are equivalent or that all tax increases are the same. Ending corporate subsidies is one thing; reducing health-care benefits to poor children is something else...
"George W. Bush" on Estate Planning
Posted on February 12, 2008Because "between 100 and 200% of Americans don't have a will or an old testament"....
Interview Questions Employers Shouldn't Ask Job Applicants
Posted on January 28, 2008SAN FRANCISCO (MarketWatch) -- "Why aren't you married yet?" "Would you join a church to get a job?" Those are just two examples of questions job seekers said hiring managers asked them in a job interview, according to a new survey of more than 3,000 job seekers and 1,000 hiring managers worldwide by Development Dimensions International and Monster, the career-resource arm of Monster Worldwide...
California Minimum Wage for 2008 Increases to $8.00 Per Hour
Posted on January 05, 2008As mentioned here last year, California's minimum wage increased to $8.00 per hour, effective January 1st, 2008. The 2008 rate represents a 6.7% increase over the old (2007) minimum wage, which was $7.50 per hour. Some employees are exempt from the minimum wage law...
City of Los Angeles Business License Tax Returns
Posted on January 05, 2008City of Los Angeles Business License Tax Returns are due by the end of February of the year following the subject tax year. There are several exemptions, the most important of which being, that for businesses that register and file their tax returns on time, there is no tax...
2008 Standard Mileage Rate
Posted on January 03, 2008The IRS' standard mileage rate for calendar year 2008 business miles has been increased to 50.5 cents per mile driven, up from 48.5 cents per mile in 2007. See below for more complete information:WASHINGTON ? The Internal Revenue Service today issued the 2008 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes...
New 2008 California Notary Block
Posted on January 01, 2008Effective today, January 1, 2008, all legal documents to be notarized in California must use the following notary block:State of CaliforniaCounty of ___________On ______________________ before me, (here insert name and title of the officer), personally appeared __________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument...
California EDD Free Tax Compliance Seminars for Employers
Posted on November 24, 2007The California Employment Development Department (CA EDD), offers free seminars for California employers, to assist them in complying with payroll, unemployment insurance, and disability reporting and deductions for their employees. For many, your business attorney, accountant, and payroll service will handle these issues for you; for those without such assistance, these seminars may be a good place to learn the basic of complying with the numerous laws applicable to any employer...
Bankrate.com Survey: 76% Believe Everyone Should Have a Will, But 57% Don't Have One
Posted on November 19, 2007Even though three-quarters of our poll respondents (76 percent) believe that everyone should have a will, a whopping 57 percent of Americans don't have one themselves. Parents of kids younger than 18 make an even poorer showing: 67 percent don't have a will, despite the fact that 88 percent of parents believe wills are an important way to appoint guardians...
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California's Proposed Student Civil Rights Act Gives Broad Definition to "Religion"
On Tuesday, the California Senate Judiciary Committee approved by ...
California mother held in custody breach case
I am posting this to draw attention to what should be simply routi...
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Northern California Farmers Worry Fruit Will Rot On Trees
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California divorce is often a time-consuming process
California divorce is often a time-consuming process By Ron Sokol,...
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Selection of State Supreme Court Judges
How State Court Judges are Selected
Dumb California Laws
Stupid Laws in the Sunshine State
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
How to tell if I have been subject to gender discrimination in hiring practices?
You didn't apply for the job. so that's a tough one. Seemingly your Bo...
Is it legal for a company to overwork their employees?
Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
Can I sue my employer for being unethical, undue stress, and making false promises to get me to stay at my job?
You can sue him personally for it. It's can fall under harassment and possi...

Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How can i sue for a straw purchase?
Anyone can co-sign. A straw purchase would be if you has someone buy the car for...
How to tell if I have been subject to gender discrimination in hiring practices?
You didn't apply for the job. so that's a tough one. Seemingly your Bo...
Is it legal for a company to overwork their employees?
Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
Can I sue my employer for being unethical, undue stress, and making false promises to get me to stay at my job?
You can sue him personally for it. It's can fall under harassment and possi...








