Back in September 2022, Governor Newsom signed into law Assembly Bill 2188 which amended California’s Fair Employment and Housing Act to make it unlawful for an employer to discriminate against an applicant or employee based on that person’s use of cannabis while off-the-job and away… Read More
The Private Attorney General Act (“PAGA”) is a California statute that authorizes employees to commence lawsuits against their employers for violations of the California Labor Code. PAGA permits employees to act as a private attorney general to pursue civil penalties as if they were… Read More
By Susan Bishop and Alec Barcelos California requires employers to reimburse employees for expenses taken on to perform their regular work duties. Aside from the various tools, equipment, or travel-related expenses employees may face as a reality of the job, the reimbursement rule also applies to… Read More
A federal law recently went into effect that requires certain employers to provide reasonable accommodations to pregnant employees and applicants. The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “reasonable accommodations” to a… Read More
We are proud to announce the Berliner Cohen attorneys who have been recognized by Thomson Reuters’ 2023 Northern California Super Lawyers and Rising Stars programs. Our attorneys work diligently for our clients and have deservedly been recognized for their efforts! Super Lawyers rates… Read More
Financial planning for disabled children and adults can be especially complicated when considering the high costs of medical coverage and services. A prudent planner will be able to take advantage of public assistance programs designed to support disabled individuals. A disabled… Read More
Divorcing spouses are adding third parties to the divorce based on allegations of aiding and abetting one of the parties in filtering away community property. The inevitable question is whether these newly added parties are entitled to a jury trial on issues that would traditionally allow for… Read More
California has put increasing obligations on California Employers. As a reminder, State law now requires private employers of 100 or more employees to annually report pay, demographic, and other workforce data to the Civil Rights Department (CRD), which has a website employers should use when… Read More
The Equitable Easement is, simply put, a legal doctrine that permits the use of another’s property in the form of justified trespass or encroachment. Unlike an easement created by contract or one that is adversely acquired through an open and uninterrupted use (learn more about Prescriptive… Read More
Contractors are navigating the challenging problem of an increase in costs due to the supply chain. The costs of contracts have increased and problems have arisen due to the contractor’s inability to obtain items or their ability to pass on any increase in costs. This results in inevitable… Read More
We are pleased to welcome Kathryn G. Spelman to Berliner Cohen’s Litigation department in our San Jose office. Kathryn is a trial attorney that specializes in complex litigation. She received her Bachelor’s degree in International Relations from Cal State University, Chico and then… Read More
While you shouldn’t be scared to transfer an interest in an entity, you should proceed with caution. If not done with careful analysis, huge increases in annual property taxes can result. Today, entities such as LLCs and partnerships often own California real property. The members or… Read More
The National Labor Relations Board (NLRB) recently ruled that employers may not offer employees severance agreements that contain broad confidentiality and non-disparagement provisions. In McLaren Macomb, the NLRB ruled that an employer violates the National Labor Relations Act (NLRA) when it offers… Read More
The Internal Revenue Service has announced the 2023 inflationary adjustments to the estate and gift tax applicable exclusion (from $12.06 million in 2022 to $12.92 million in 2023) and to the annual gift tax exclusion (from $16,000 in 2022 to $17,000 in 2023).[1] Currently (2023), the applicable… Read More
On February 15, 2023, a federal appeals court for the Ninth Circuit ruled that the Federal Arbitration Act preempts California State Assembly Bill 51, a bill that limited the use of employment arbitration agreements. With this decision, California employers can require employees to sign arbitration… Read More