All Articles

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

Behind Planning for the Transfer of Wealth

May 16, 2017 |

Even though it is possible that the Estate Tax and other wealth transfer taxes may soon be repealed, such repeal remains uncertain, and it is still important for some people to consider the potential effects of these taxes when planning for the transfer of their wealth during life and upon death.… Read More

Employers are Allowed to Have Fixed Work Weeks in Order to Avoid Overtime

May 11, 2017 |

Employers got a win in the case of Mendoza v. Nordstrom. The Supreme Court ruled that “a day of rest is guaranteed for each work week,” rather than on a 7-day rolling basis. In California, the law prohibited an employer from causing his or her employees to work more than “six… Read More

What to do if Immigration Officials Target Your Business

March 16, 2017 |

In the wake of the recent election, employers and employees alike are confused regarding how an employee’s immigration status may affect the terms and conditions of his or her employment and what employers’ rights and obligations are if immigration officials show up at their… Read More

Employer Alert: Effective March 1, California Businesses Must Gender-Neutralize Bathrooms

February 26, 2017 |

The laws affecting California businesses are ever changing and 2017 proves to be no different. Effective March 1, 2017, all California businesses will have to remove any labelling that designates a “single-user toilet facility” as either “male” or “female”.… Read More