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  1. California Labor Commissioner Fines Cheesecake Factory and Its Janitorial Contractor

    By: Philip A. Toomey, Esq. The California Labor Commissioner announced yesterday that it was fining Cheesecake Factory, and its janitorial contractor, Americlean Janitorial Services, and Magic Touch Commercial Cleaning (Americlean’s subcontractor) $4,206,351. A copy of the fines are available here. Rather than onboarding employees to perform all …Read More

  2. IRS to End Offshore Voluntary Disclosure Program in September 2018; Taxpayers’ Next Steps Regarding Offshore Compliance

    By: Matthew S. Sutphen, Esq. and William A. Buck, Esq.  The Internal Revenue Service (“IRS”) recently announced that its Offshore Voluntary Disclosure Program (“OVDP”) will be ending on September 28, 2018. The program, which commenced in 2009, is designed to allow taxpayers with unreported offshore assets to voluntarily resolve past tax an…Read More

  3. A General Liability Insurer’s Duty to Defend in California

    By: Philip A. Toomey, Esq. On Monday, June 4, the Supreme Court of California ("SCOCAL") ruled that under certain circumstances, a general liability insurer has an obligation to defend an insured who has been sued for negligent hiring and retention. This is a major ruling, since most general liability carriers have, in the past, declined such clai…Read More

  4. Status of Bills in the California Legislature that may Affect California Employers

    By: Philip A. Toomey, Esq. Bills held in Committee: the general consensus is that bills that have been held in committee will not be acted upon by the legislature prior to the expiration of this legislative session. The bills being held are: AB1902- Personal Service Contracts: this bill involved personal service contracts, and required the Depart…Read More

  5. USCIS Completes Data Entry of Fiscal Year 2019 for all H-1B Cap Subject Petitions

    By: Cristina Perez, Esq. On May 15, 2018, U.S. Citizenship and Immigration Services (“USCIS”) announced it completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in a computer-generated random lottery election process. USCIS will begin returning all H-1B cap-subject petitions that were not selected directly to employ…Read More

  6. Securities and Exchange Commission Proposes a New Rule: Regulation Best Interest

    By: Frederick C. Leech, Esq. On April 18, 2018, the Securities and Exchange Commission (“SEC”) proposed a new rule (the “Proposed Rule” or “Regulation Best Interest”)[1] under the Securities Exchange Act of 1934 (“Exchange Act”) establishing a standard of conduct for broker-dealers and natural persons who are associated persons o…Read More

  7. Assembly Bill 2770 Unanimously Passes California State Assembly

    By: Philip A. Toomey, Esq. On May 7, 2018, Assembly Bill 2770 ("AB 2770") unanimously passed the California State Assembly. AB 2770, the full text of which can be found here, would permit an employer to state on a reference check that the employee was not eligible for rehire based upon the “employer’s determination that the former employer eng…Read More

  8. West Virginia Cotenancy Modernization and Majority Protection Act

    By: Shana M. Smith, Esq. and Catherine C. Sakla, Esq. On March 5, 2018, the West Virginia legislature passed the Cotenancy Modernization and Majority Protection Act (“the Act”) to promote oil and gas development and production while also protecting the rights of mineral owners (WV Code Chapter 37B Mineral Development). The Act, which comes in…Read More

  9. California Increases General Contractor Wage and Benefit Exposure

    By: William F. Bresee, Esq. and Philip A. Toomey, Esq. Effective with respect to development and construction contracts entered into on January 1, 2018 or after, California has implemented new legislation aimed at subjecting construction contractors to potential liability for wage claims of employees of subcontractors and all down-tier subcontract…Read More

  10. A Primer on The Displaced Janitors Opportunity Act and the Property Service Workers Protection Act: Two Acts Protecting California-Based Janitorial Workers

    By: Philip A. Toomey, Esq. California-based janitorial workers are entitled to certain rights under California law. Specifically, there are two important Acts designed to protect the rights of these workers: The Displaced Janitors Opportunity Act (“DJOA”) and the Property Service Workers Protection Act (“PSWPA”). PSWPA was modified in 2017 …Read More

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