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, Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
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 Read more…
In Sacramento, a county employee suffered a disability on the job that continued to worsen during employment, until the individual could no longer work. The retirement board did not agree on the cause of the disability, threatening the worker’s retirement. On the eve of a two-day hearing, The attorney met Read more…
Nurse on probation missed a check-in for controlled substance testing. It was due to a malfunctioning alarm clock. Nevertheless, missing such a check-in was immediate grounds for revocation of probationary discipline on the Nurse’s license. Simas & Associates, Ltd. was able to spring into action by immediately informing the Probation Read more…
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 Read more…
A food vendor in the Sacramento area received notice that they were permanently disqualified from the SNAP program, on charges of trafficking. A team of Simas & Associates, Ltd., staff and a private investigator collected months of receipts, invoices, and testimonies to demonstrate the misunderstanding. SNAP weighed the evidence and, Read more…