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Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

May I form a Professional LLC in California?

No. Unfortunately, you cannot. Section 17002 of the Beverly-Killea LLC Act (Corp Code Sections 17000-17666 or “LLC Statute”) states that subject to any limitations contained in the articles of organization and to compliance with any other applicable laws, a limited liability company (“LLC”) may engage in any lawful business activity, whether or not for profit, […]

May 20, 2016

Cannot Waive Licensing Board Complaints in Settlement

A recent settlement agreement Simas & Associates, Ltd. on behalf of  two licensed professionals inspired this blog. The parties – call them Doctor and CPA — had a business dispute and were settling the case.  The settlement agreement was presented for review and contained the standard provisions, including a release of all claims referencing Section […]

May 6, 2016

Time Clock Rounding

Time clock rounding is legal under federal and California law. Time clock rounding is the practice of adjusting raw employee punch-in and punch-out times to a standardized, nearest time increment. It is typically justified as a way to simplify payroll calculations or to provide a minimal amount of time warranted for completing recognizable work. Frankly, it is really […]

Digital Discovery

Rules 26b and 34 of the Federal Rules of the Federal Rules of Civil Procedure instruct that information stored on computers is discoverable under the same rules that apply to tangible, written materials.[1] According to Principle 12 of The Sedona Principles:[2] Absent party agreement or court order specifying the form or forms of production, production should […]

April 26, 2016

Risk of Alcohol Abuse after Gastric Bypass Surgery

Obesity is no longer considered just a case of over-eating and lack of self-control. It is acknowledged as a “chronic progressive disease resulting from multiple environmental and genetic factors” by various International and National scientific organizations, including the World Health Organization. The National Institute of Health recommends bariatric surgery as an effective treatment for weight-loss […]

Overtime Pyramiding in California

Overtime pyramiding is the (often mistaken) practice of counting the same hours against two different overtime limits. The most common example of overtime pyramiding is using hours that have been counted against daily overtime to calculate a weekly overtime limit. This is especially common because daily overtime is usually a state level requirement (i.e. California […]

April 19, 2016

Agency as Affirmative Defense

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency rests on the one affirming […]

April 8, 2016

Protections for Transgender Employees in Workplace

Transgender people are employed in every industry and profession throughout the country, and deserve a safe and inclusive workplace. Transgender coworkers do not expect any special treatment. They simply want to be respected. Although employment discrimination based on gender identity is illegal almost everywhere, many transgender people still face harassment and unfair treatment on the job. Helping to ensure that your workplace is free of […]

March 24, 2016

Attorneys and Alcohol

A lawyer walks into a bar… While that is the title of a 2007 independent film about lawyers, law school, and the California Bar exam, it also relates to a very serious problem that has been brought to light. Attorneys are more likely to abuse drugs and alcohol than any other profession or even the […]

March 16, 2016

Five Reasons to Look up Own License

In the age of the Internet, it is imperative that any professional licensed by the State of California, from an accountant or contractor to a physician or physical therapist, look himself or herself up on the licensing board’s website on an occasional and frequent basis. The Department of Consumer Affairs–which oversees the vast majority of […]

March 12, 2016

Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments. 

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