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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.

Registered Veterinary Technicians are Non-Exempt Employees

Registered Veterinary Technicians (RVTs) are a paraprofessional class of employee that assist veterinarians in the health care of animals and the analysis of animal disease.  To be a RVT, one must have completed a Veterinary Medical Board (VMB)-approved education and training program and passed a State of California licensing examination.  RVTs also must work under the direction […]

On the Frontier of an Incorporation Crackdown?

An article in the most recent issue of The Economist highlights concerns facing the incorporation-services industry and discusses potential regulatory changes some states may soon enact. Unlike many countries, in the United States, company incorporation is regulated by the states. In California, the Secretary of State’s office is the responsible agency. There is no federal […]

Seeking Clarity on Rest and Meal Periods

It’s a predicament that every employer and business owner has found themselves in; ensuring that they are compliant with the Industrial Welfare Commission’s (“IWC”) orders on Rest and Meal periods while simultaneously maintaining a desired level of client service and operational efficiency.  The general rule in California is that non-exempt employees are entitled to one […]

May 10 – Look Both Ways – Intersection of Criminal and Administrative Law

The Administrative Law Section of the Sacramento County Bar Association has a monthly luncheon at Blue Prynt Restaurant and Bar (815 11th Street, Sacramento, California).  Its luncheon next month will be on Thursday, May 10, 2012 at Noon.  A copy of the flyer is attached. May Luncheon Invitation The monthly luncheons feature a guest speaker. […]

Unlicensed Assistants to Real Estate Licensees

The designated officer of a corporation is responsible for the supervision and control of the activities conducted on behalf of a corporate broker by all of its officers and employees.  This responsibility is essential to securing full compliance with the Real Estate Law.  If this responsibility is not taken seriously, the corporation could inadvertently permit […]

Should Mandatory Peer Review Reporting Apply to Physician Assistants?

Recently, three U.S. Senators have asked federal health officials to review the way state medical boards regulate our nation’s physicians. This request was prompted by recent reports from a citizen’s watchdog group and three newspapers, including the Star Tribune, that “highlighted disturbing failures of state medical boards to discipline physicians,” the senators said. The letter […]

National Association of Alcoholic Beverage Licensing Attorneys

Simas & Associates, Ltd. was recently added as a sustaining member of the National Association of Alcoholic Beverage Licensing Attorneys (NAABLA). Formed in 2003, NAABLA serves as a resource for licensees and attorneys, nationally, to identify and provide contact information for experienced, competent professional licensing attorneys with experience representing liquor licensees (e.g. bars, liquor stores, […]

Ensure Your ADA Compliance and Avoid the “Shakedown”

ADA lawsuits were in the news again this week, due to a letter that Senator Dianne Feinstein (D-Calif.) wrote to state Senate President Pro Tem Darrell Steinberg (D-Sacramento) calling on state legislators to act to reform the ADA litigation process.  As reported by the Los Angeles Times, [1] Senator Feinstein decried the filing of “abusive […]

Exceptions to At Will Employment in California

At-will employment is the default doctrine of California employment law. It defines the most common employment relationship where either party may mutually terminate the relationship without the fear of liability. Under this legal doctrine, any hiring by an employer is presumed to be at will, meaning that the employer is free to discharge the employee […]

The Dangers of Misclassifying Employees as Independent Contractors: Part I

There are many benefits to using independent contractors, including in a veterinary practice, but the risks and penalties are increasingly the subject of litigation, enforcement actions by government agencies, and the subject of other workplace claims. Part I of this two part article will discuss the dangers and risks of misclassifying independent contractors and Part […]

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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