For a long time, we have advised physical therapists regarding the benefits of organizing their practices as professional corporations. But as the result of the recent activity of the Physical Therapy Board of California (PTBC) and the Legislature regarding physical therapists practicing in a corporate environment, organizing your practice as Read more…
Out of state companies who distribute medical devices beware! If your device is a “dangerous medical device” under California law, and you distribute this device in California, you need a license from the California Board of Pharmacy to sell such a device in California. This requirement became effective in 2006. Read more…
California law requires administrative agencies to comply with the California Administrative Procedure Act (“APA”) (Government Code §§ 11340, et seq.) when adopting regulations. A regulation that does not go through this process is called an “underground regulation” and is subject to legal challenge in the courts. Further, a regulation that makes it through this process, but results from some deficiency in the process may also be invalid and subject to challenge in court.
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With a dire employment market, many former employees are getting paranoid about the information being provided by former employers and supervisors when the employee is trying to get hired elsewhere. If the employer provides untruthful information during the reference check process, it could result in a multitude of potential claims Read more…
The California Veterinary Medical Board is in the process of adopting a new regulation to “establish minimum standards” for a managing licensee of a veterinary hospital premise. Currently the Board’s regulations require the managing veterinarian to be responsible for the premises complying with minimum standards of veterinary practice. They do Read more…
Professional licensing board’s have the right to discipline (e.g. statement of reproval, fine, compel attendance at mandatory education courses, compel restitution, suspension, probation, revocation, etc.) licensees for any violation of their rules and regulations. The rules and regulations for the profession are typically found within the California Business & Professions Read more…
On October 9, 2011, Governor Jerry Brown signed SB 459 which adds section 226.8 to the Labor Code and provides courts, the Labor Commission and Workforce Development Agency (“state”) the authority to issue severe penalties to employers that engage in “willful misclassification” of an individual as an independent contractor. These Read more…
It’s been one year since DMV starting issuing the new Driver Licenses and ID cards with a vertical layout for persons under 21. This is an important identification tool for licensees and employees of cardrooms and bars or convenience stores. Strict age rules apply to sales of cigarettes, lottery tickets, Read more…
On October 11, 2009, California made advance fee bans for loan modification illegal. Pursuant to Senate Bill 94, it became illegal for any person, lawyer, real estate broker, real estate salesperson, real estate licensed-entity, corporation, company, partnership, or any other licensed or unlicensed person or party, to demand, charge, or Read more…
Our law firm’s founder, Steve Simas, is hosting an Employment Law Workshop at the 2011 annual conference of the American Agents Alliance this week (September 29-October 1, 2011) in Palm Springs, California. Part of his workshop includes a PowerPoint presentation concerning a variety of hot-button topics in California Employment Law. This Read more…