All Articles

The What, How, and Why of 998 Offers

February 16, 2022 |

You are exhausted.  For the last couple of weeks, you and your attorneys have been rapidly preparing for trial.  You have attended mandatory settlement conferences and have kept a close watch on your phone and email for any correspondence from your attorneys indicating that a settlement… Read More

Updated: Managing Emergency Paid Sick Leave in 2022

February 9, 2022 | ,

The 2022 Emergency Paid Sick Leave standards were signed into law on February 9, 2022, and are retroactive to January 1, 2022. The law creates new California Labor Code Section 248.6 and takes effect on February 19, 2022. Time Period Covered It applies to all employers with 26 or more employees and… Read More

2022 Estate Taxes & 2022 Gift Taxes

January 19, 2022 |

The Internal Revenue Service has announced the 2022 inflationary adjustments to the estate and gift tax applicable exclusion (from $11.7 million in 2021 to $12.06 million in 2022) and to the annual gift tax exclusion (from $15,000 in 2021 to $16,000 in 2022).[1] Currently (2022), the applicable… Read More

Supreme Court Ruling Does Not Exempt California Employers from California’s Emergency Temporary Standards

January 14, 2022 |

Employers everywhere relaxed on January 13, 2022 when the U.S. Supreme Court voted 6-3 that the Occupational Safety and Health Administration's Emergency Temporary Standard could not be enforced. The Court found among other things that although COVID–19 is a risk that occurs in many… Read More

Navigating the Super-Density Bonus

January 12, 2022 |

If you are a California affordable housing developer, this article is for you.  It is intended as a quick reference guide for understanding the so-called “super density bonus.”  Part I below describes the four general components of a density bonus in California under Government… Read More

Berliner Cohen Elects Four New Partners

January 5, 2022 |

Berliner Cohen, LLP is pleased to announce that Joshua Borger, Benjamin Johnson, Eileen Kennedy, and Stephen Scordelis were elected as new partners effective January 1, 2022. Mr. Borger, Ms. Kennedy, and Mr. Scordelis are based in San Jose, while Mr. Johnson is based in Modesto. “We’re… Read More

California Local Covid-19 Paid Sick Leave

January 5, 2022 |

The excessive number of individuals testing positive for COVID has employers scrambling to figure out what laws are in play and what they are to do. While the State’s mandate on mandatory COVID-19 Sick Pay ended, the State does still require employers to provide 24 hours of paid sick leave to… Read More

FTB Residency Audit: A Future Headache for California Taxpayers that Left the State During the Pandemic?

December 22, 2021 |

A recent study by the California Policy Lab has shown that far fewer people have been moving to California from other states, and more have been leaving. According to the study, exits out of California to other U.S. states are up 12% since the start of the pandemic. While the number of taxpayers… Read More

Reminder: 2022 California Minimum Wage Increases Impact Exempt and Nonexempt Employees

December 15, 2021 |

Berliner Cohen, LLP advises and represents employers on wage compliance within the state of California. California employers should note upcoming changes to state and local minimum wage laws—many of which take effect on January 1, 2022—that will impact both nonexempt and exempt… Read More

Complying with Corporate Law

December 8, 2021 |

One important attribute of a corporation is the limited liability of its shareholders.  Normally, creditors of the corporation cannot reach its shareholders to satisfy corporate debts and liabilities.  Nevertheless, there are circumstances under which courts will disregard the corporate… Read More

SB 8, 9, 10 New Housing Legislation: FAQ for Owners, Developers and Public Entities

December 1, 2021 |

It is rare that State legislation regarding city planning creates such a public furor as the Governor’s recent signing of three related bills, SB 8, 9, and 10, has caused. SB 9 has received the bulk of the attention, with some calling it the death of single-family zoning in California. While… Read More

Berliner Cohen Recognized as Top Corporate Philanthropist by the Silicon Valley Business Journal

November 17, 2021 |

Berliner Cohen is honored to have been recognized as one of the top 50 corporate philanthropists for our donations to non-profits for 2020, a difficult year for many in our community.  Our culture is dependent on giving back to our communities and we're proud to stand alongside so many… Read More

SB807 - Now California Employers Must Keep Personnel Records for 4 Years

November 17, 2021 |

Traditionally employers have had a duty to maintain records relating to interviewing and hiring employees for three years from the date of the interview (if not hired) or from termination. Under SB 807, which goes into effect January of 2022, employers must now preserve personnel records for… Read More

Berliner Cohen, LLP Ranked as Best Law Firm Regionally by the U.S. News - Best Lawyers® for 2022

November 10, 2021 |

We are proud to announce that Berliner Cohen, LLP has been regionally ranked as a The U.S. News -  Best Lawyers® "Best Law Firms" rankings for another year! Best Lawyers recognizes firms based entirely on peer review to accurately reflect the opinion of leading lawyers… Read More

3 Tips When You’re Sued

November 3, 2021 |

Navigating the waters of litigation is a daunting endeavor. If you find yourself named as a defendant in a civil lawsuit in California, big or small, it is imperative that you treat the event with the urgency and gravity it deserves. Here are 3 tips to ensure that your defense gets off on the right… Read More