Many employers define different classes of employment within their organization. These classes – full-time, part-time, exempt etc. – are used to determine benefits which are offered to different types of employment given their skills, tasks, responsibilities, and hours worked. For purposes of these distinctions, full-time employment warrants the most benefits Read more…
In 1990, Congress amended the ADEA by adding the Older Workers Benefit Protection Act (OWBPA) to clarify the prohibitions against discrimination on the basis of age. OWBPA establishes specific requirements for a “knowing and voluntary” release of ADEA claims to guarantee that an employee has every opportunity to make an Read more…
The Los Angeles District Attorney is prosecuting a doctor for second degree murder in the deaths of three of her patients. Hsui-Ying “Lisa” Tseng, D.O. faces a total of 24 felony counts, including three second degree murder charges resulting from her alleged habitual practice of overprescribing drugs, often without the Read more…
Cleaning out client files can be a tedious and intimidating process for an attorney, particularly if he/she is not aware of the ethical responsibilities involved. An attorney has the duty to protect the client’s identity, as well as the identity of every third party involved with a case (California Rules Read more…
Attorneys know all-too-well the potential destructive nature depositions can have on their clients. They take up a lot of time, interfering with many clients’ business and profession. If used in an employment law setting, they often time kill morale and lead to a significant loss in productivity. Litigant’s attorneys also Read more…
Berman Hearings are administrative hearings conducted by the California Labor Commissioner to determine the legitimacy and extent of an employee wage claim against an employer. The Berman Hearing was named after Howard Berman, the member of the California State Assembly who instituted it. It is designed to provide a speedy, informal, Read more…
The California Physical Therapy Association will be having its 2012 annual conference next week Friday through Sunday (September 28-30) in Santa Clara, California, at the Santa Clara Convention Center and Hyatt Regency Hotel. According to James Syms, PT, DSc, ATC, SCS, six reasons for California physical therapists (PT) and PT Read more…
California law has a strong preference for lawsuit settlements, for public policy reasons (such as judicial efficiency). As such, the state legislature has declared that evidence of an offer to settle is inadmissible to prove liability (Evid. Code § 1152), and that all statements made during mediation are confidential (Evid. Code Read more…
At the beginning of 2012, California became the seventh state in the U.S. to permit two new subtypes of stock corporations. Flexible Purpose Corporation – This is ideal for those wanting to engage in more than one of the purposes outlined in California Corporations Code section 2602(b)(2) and the Articles of Read more…
Simas & Associates, Ltd. is now offering Counsel-of-Record Services for all of our working professional and business clients. This varied service area offers continued support to individuals in complying with their professional, legal, and business obligations in the state of California. More often than you think, businesses and working professionals Read more…