Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

There's No Such Thing as a Free....Intern

How to distinguish interns from employees in California A New York District Court recently held employers cannot use an internship program to avoid paying wages or paying less than minimum wage. The court separated and defined interns and employees and ...

Discrimination Claims Made at the Workplace: Employee Cooperation will be Expected in the Employer's Internal Investigation

An employee makes a claim to his or her employer of discrimination. The employer as rule of thumb needs to investigate the claim in order to address the claim and take appropriate action. However, what happens during the employer’s investigation ...

What to Expect When Your Employee Is Expecting: How One Woman's Pregnancy Changed the Face of Employment Discrimination Lawsuits in California

Federal and state lawmakers have kept employers on their toes lately. Issues affecting the U.S. workforce have taken center stage at the Capitol, sparking rumors of significant legislative overhaul in the employment arena. However, unbeknownst to many, while the debate ...

What does the Patient Protection and Affordable Care Act (PPACA) Mean for Small Business?

The Supreme Court’s decision last June confirmed the constitutionality of the Patient Protection and Affordable Care Act (PPACA), often called Obamacare, and the President’s re-election in November ensured the law will be implemented in stages through 2014. Nevertheless, despite all ...

Bonus Pay in California for Non-Exempt Employees: Make Sure You Do It Right

Employee bonuses sound like a great thing if your company can afford it.  The bonuses are given for a variety of reasons: motivating employees, showing appreciation, or trying to help boost company morale.  A bonus is something “extra” and an ...

Obamacare: A Brief Overview

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (ACA), colloquially referred to as “Obamacare.” ACA has numerous provisions, some of which are currently in effect and some of which will take effect ...

Changes to California Employment Law for 2012

The California legislature was as productive as ever in 2011, churning out a host of new employment-related regulations to take effect in 2012. Many of these regulations will have a negligible impact on the daily operations of local businesses, but there ...

2012: A Golden Opportunity for Estate Planning

The current state of our economy has left thousands reeling to find that next dollar and maybe more importantly how to keep what we already own. Estate planning is one of the best ways to accomplish this goal and there is ...

Estate Planning for the Small Business Owner

Benjamin Franklin once said, “Nothing can be said to be certain, except death and taxes.” While proper estate planning may not be able to prevent death, it can be used to prevent, or at least greatly reduce, death taxes. Many Americans when ...

Consumer and Employee Class-Actions after AT&T Mobility v. Concepcion

Earlier this year, the United States Supreme Court decided in AT&T Mobility Inc. v. Concepcion that companies can enforce a contract provision that requires customers to arbitrate their disputes individually. Many feared this decision could effectively end consumer class action lawsuits. This article discusses ...

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