All Articles

Employer Alert: What You Need to Know About AB 1221 and AB 1209

October 26, 2017 |

California Law Now Requires Alcohol Servers to Go Through Mandatory Trainings The sale and consumption of alcohol is for better or for worse an integral part of the hospitality industry.  While the morals of society change, there has been no indication that alcohol consumption, unlike tobacco… Read More

Employers Beware: Restricting Employees on Social Media Publications Can Create Liability

October 12, 2017 |

Social media policies have been under increasing scrutiny. The recent decision of ESPN to suspend anchor Jemele Hill over politically charged tweets has again put social media policies in the spotlight. Employers need to ensure that their social media policies don’t run afoul of either state… Read More

Two New San Francisco Ordinances Go Into Effect In 2018

October 4, 2017 |

For San Francisco employers, two new local ordinances relating to lactation accommodation and requests for salary history will go into effect in 2018.“Lactation in the Workplace Ordinance”Beginning January 1, 2018, San Francisco will increase existing protections for nursing mothers working… Read More

Every Estate That Elects Portability Needs a Closing Letter After Decision in Estate of Sower

September 27, 2017 |

A new Tax Court decision reveals the reason behind the apparent madness in the IRS announcing several years ago that it would not issue closing letters for estate tax returns unless a request is made. In Estate of Sower, 149 T.C. No. 11, issued September 11, 2017, the Tax Court ruled the IRS… Read More

A Tale of Three Cities (and one State)

September 24, 2017 |

California has struggled for nearly forty years to address the housing crisis, which the State Supreme Court recently described as reaching “epic proportions.” Since the late 1970s, the legislature has enacted increasingly strict laws designed in part to limit local discretion from the… Read More

FBAR Deadline for All U.S. Persons to File is October 16, 2017

September 21, 2017 |

Foreign Bank and Financial Accounts Report (“FBAR”) is an annual report that provides the U.S. government with information regarding certain foreign financial accounts held by a U.S. person. Typically, a U.S. person who has a financial interest in or signature authority over at least one… Read More

Employer Alert: San Francisco Limits New Hire Questions

August 2, 2017 |

In 2018, Employers have more restrictions on the interview process if they are hiring or conducting business in San Francisco. San Francisco just enacted a law that prohibits employers from asking applicants about their salary history. The law will become effective July 1, 2018.  The “Parity in… Read More

Employer Alert: Transgender Employee Rights

July 26, 2017 |

In February we alerted you on the California State Legislature passing of AB 1732 which requires that, as of March 1, 2017, all single-user toilet facilities in any California business be identified as “all-gender.”  As of July 1, 2017, the Fair Employment and Housing Council… Read More

Important Issues to Consider in Non-Disclosure Agreements (NDAs)

July 20, 2017 |

A well drafted Non-Disclosure Agreement (NDA) can be used to protect your business’s trade secrets and other confidential information in a variety of different business related contexts, ranging from a nascent stage of development (e.g., when products, inventions, or ideas are presented to… Read More

Employers Mandated to Disclose Domestic Violence Leave Rights

July 18, 2017 |

The California Labor Code provides protected time off to victims of domestic violence, sexual assault, or stalking.  However, according to a study by the Legal Aid Society Employment Law Center, nearly 40% of survivors in the state reported being fired or fearing termination due to intimate partner… Read More

A win for employers on the ‘Joint Employer’ Doctrine

July 12, 2017 |

The U.S. Department of Labor (“DOL”) announced on June 7, 2017 that it is withdrawing its 2015 and 2016 informal guidance on the “joint employer” doctrine.  The joint employer doctrine is used to determine whether a business can be said to effectively control the… Read More

New Addition to the State Density Bonus Law Extends Incentives to Commercial Developers

July 5, 2017 |

Throughout 2016, housing advocates, developers, and local municipalities closely monitored the progress and eventual demise of Jerry Brown’s ambitious proposal to streamline the local approval process for residential projects. The Governor’s proposal would have set aside $400 million for… Read More

Employer Alert: Some Local Minimum Wage Increases to Take Effect July 1, 2017

June 28, 2017 |

Currently the California state minimum wage is $10.00 for employers with 25 or fewer employees, and $10.50 for employers with 26 or more employees.  Although the next increase in the California minimum wage is still six months on January 1, 2018, a number of local minimum wage hikes are set to take… Read More

Promoting Gender Equality in Business Leadership

June 9, 2017 |

To help make equality in business leadership a reality,  Berliner Cohen proudly launches an innovative program that supports startups with women in senior executive roles. Read More

Planning for the Succession of Wealth under President Trump and a Republican Congress

June 6, 2017 |

The proposed tax reform plans of Congress and President Trump call for a repeal of the Federal Gift Tax, Estate Tax, and Generation Skipping Transfer Tax, but not all of these proposals are necessarily calling for the same laws to be repealed. House and Senate Republicans. A tax publication released… Read More