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
You've decided to start a new business, so the next decision is whether to proceed as a "limited liability" entity, such as a corporation or limited liability company (an "LLC"). If limiting liability is less of a concern, and keeping costs low is a critical factor, an individual can proceed as… Read More
As the restaurant industry looks towards easing COVID-19 restrictions and a hopeful return to “business as usual”, the following is a refresher on California rules related to tips and tip pooling. The employee owns the tip. A tip is money a customer leaves for an employee… Read More
Berliner Cohen, LLP would like to welcome Eric D. Capron, Of Counsel to our Modesto office. Eric’s practice focuses on estate planning, business succession, real property matters, business transactional work, and agricultural law tailored to business owners and family farmers. Eric values… Read More
A recent case, Austin v. City of Burbank (2021) ___Cal.App.5th ___, highlights that serial litigants under California’s Public Records Act (PRA) who wish to challenge a trial court decision under the PRA must strictly follow the PRA’s procedural requirements. If they do not, they… Read More
On Monday, September 13, 2021, the "Responsibly Funding Our Priorities" Bill was introduced and proposes to raise taxes to help pay for the Biden Administration’s “Build Back Better Act.” The Bill is not yet law. It has not yet been passed or even directly debated in the… Read More
Based on the current forecasts and drought conditions, California may be set for another difficult wildfire season in Fall 2021. Employers who were already tapped on complying with employment laws need to also deal with wildfire compliance. In 2019, California passed an emergency regulation, which… Read More
Litigation partner Joshua Borger recently achieved a major victory for his client in a highly contentious arbitration involving the purchase of a home healthcare business gone awry. Josh’s client, the seller of the business, initially contracted to sell the business to one person, who… Read More
Before a lawsuit is ever filed, an employer often receives a letter from its employee’s attorney laying out a laundry list of employment law violations and the threat that if a substantial monetary demand is not paid, a lawsuit will ensue. This type of “demand letter” is… Read More
Berliner Cohen, LLP proudly congratulates our attorneys named as the top attorneys in the 2022 Best Lawyers in America®. We would like to recognize Andrew Faber and Jonathan Wolf in Litigation, Samuel Farb, Steven Hallgrimson, and Peggy… Read More
On July 15, 2021, the California Supreme Court made it even more difficult for employers to do business in California by issuing a decision that will dramatically increase potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC, the Court… Read More
While 2021 may have presented challenges, our attorneys have continued to work diligently for our clients, and have deservedly been recognized for their efforts. We are proud to announce the Berliner Cohen, LLP attorneys who have been recognized by Thomson Reuters’… Read More
On June 21, the Santa Clara County Director of Public Health issued a new Order phasing out the last local Health Order. With new Cal/OSHA regulations that went in place on June 18, the county believes their last Health Order issued on May 18 does not need to be in place, except in limited… Read More