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
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, 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
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
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
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
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
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 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
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
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
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
If you are contemplating the purchase of an existing business, due to newly enacted California labor codes, potential buyers must be even more circumspect of a business’ previous debts or previous judgments than ever before. Assembly Bill 3075, effective January 1, 2022, or upon certification… Read More
The California Family Rights Act (CFRA) is legislation that authorizes eligible employees to take a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period under qualifying circumstances. In 2021, CFRA underwent major changes, with more changes coming for 2022. … Read More
Berliner Cohen, LLP is pleased to welcome Lea Nemeth to our Labor & Employment Department, based out of our San Jose Office. Lea's practice includes general employment litigation. Lea also brings a diverse past to our Labor & Employment team. Prior to law school,… Read More