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 Read more…
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 Read more…
Many Americans have nightmares around April 15th, which is of course our unforgiving tax deadline. For US-based online poker players, April 15th, 2011, also known as “Black Friday,” was dreadful for a different reason. Without warning, US players woke up to find themselves barred from logging on to any of Read more…
Mr. Simas is hosting another Health Care workshop in Sacramento, California. This time it is to discuss “Medical Records as a Defense to Your License to Practice”. The workshop will examine the California Medical Board’s standards for recordkeeping and how all licensing agencies – including the Medical Board – build Read more…
Our law firm receives dozens of inquiries a week from current and former employees who suffered some form of discrimination at the hands of their employer, supervisor, co-worker, or vendor. As unbelievable and depressing as that sounds, it is the truth – many people still face discrimination, harassment, intimidation, and Read more…
A fast-growing state licensing area is the Special Supplemental Nutrition Program for Women, Infants and Children (“WIC”). In 2011 alone, the California WIC Program trained 2,970 new vendors. As with any new license area comes the potential for abuse. However, given the subject-matter, WIC is prone to overzealous prosecution of licensees. Read more…
California Veterinary Medical Board Investigation Process The California Veterinary Medical Board (“Board”) receives from 500 to 600 consumer complaints per year. While many of these complaints do not necessarily constitute violations of the Veterinary Practice Act, the Board aggressively investigates complaints, including against the clients of Simas & Associates, Ltd. Read more…
Starting July 1, 2012, nearly all licensed professionals in the State of California are subject to losing their licenses to practice their professions if they make the list of the top 500 largest tax delinquencies issued by the Board of Equalization (“BOE”) or the Franchise Tax Board (“FTB”) (AB1424). This Read more…
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…