The California Equal Pay Act of 1949 was enacted to eliminate gender discrimination in the workplace by providing "equal pay for equal work." As of January 1, 2016 the California Fair Play Act amended the EPA taking an even more aggressive approach. The amendment now...
Month: August 2017
Americans with Disabilities Act Compliance Update
Starting July 1, 2013 California Civil Code § 1938 requires commercial property owners to disclose in every lease whether or not the property has been inspected by a "Certified Access Specialist" ("CASp"). CASps are individuals certified by California as...
Ninth Circuit Applies California Supreme Court’s Holding in Carmack v. Reynolds, Holding That Spendthrift Trust Distributions Are Property of the Estate and Confirming the Types of Distributions Which Need to Be Turned Over
On August 16, 2017, the Ninth Circuit Court of Appeals, more than two years after it issued an order certifying a probate question to the California Supreme Court, held that a bankruptcy estate is entitled to the full amount of spendthrift trust distributions due to...
Contingent Interest in Commissions Earned Post-Petition Can Be Bankruptcy Estate Property
In re Anderson, BAP No. ID-16-13156-JuFB, filed on August 11, 2017, the Ninth Circuit Bankruptcy Appellate Panel upheld the Bankruptcy Court's finding that the debtors' contingent real estate commissions were estate property. The debtors were real estate agents. When...
On the Seventh Day Thou Shalt Rest – California Supreme Court Clarifies Labor Code’s “One Day’s Rest in Seven” Requirement
The California Supreme Court recently issued Mendoza v. Nordstrom, Inc., 2 Cal.5th 1074 (2017), clarifying California Labor Code §§ 551 and 552's requirements that an employee is entitled to one day of rest in seven and that an employer shall not cause an...
California Court of Appeal Signals Availability of Reverse Veil Piercing Doctrine Against LLCs
In the context of a creditor which had for five years sought enforcement remedies against an individual who had created an elaborate web of trusts, partnerships, and an LLC to evade payment, the California Court of Appeal distinguished prior case law in holding that,...
California Cities and Counties are Poised to Substantially Increase Assessment of Documentary Transfer Taxes on Stock Transfers in Corporate Entities
In an opinion handed down on June 29th, the California Supreme Court held that notwithstanding the legislature's decision against localities imposing excise taxes on transfers in ownership of stock, it did, however, intend for localities to impose documentary transfer...
Ban the Box Ordinances – What an Employer Needs to Know
Background on Ban the Box LegislationAttempting to end existing discrimination towards job applicants, many cities have enacted the Fair Chance Initiative for Hiring or "Ban the Box" ordinances that aim to protect job applicants from being discriminated against by...
Statutory Tax Lien Can Be Set Aside as Against a Bona Fide Purchaser
In In re Mainline Equipment, Inc., Case No. 15-60069, the Ninth Circuit Court of Appeals held that the County of Los Angeles ("County") could not enforce its tax liens on personal property against a bona fide purchaser when the County had failed to perfect its liens....
Attorneys at Borders – What to Do to Protect Confidential Client Information
Every California attorney knows that he/she owes a duty of confidentiality to the attorney's client. According to Rule 3-100(A) of the California Rules of Professional Conduct, an attorney cannot reveal client information, and the attorney has a duty to "maintain...