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Your Legal Corner - Client Alert Blog - Archives for October 2012

Written Employment Contracts Required For California Employees Paid Commissions

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Effective January 1, 2012, California Labor Code sections 2751 and 2752 require all employers (in-state and out-of-state) who pay their California employees a commission to provide said employees with a written employment contract or plan that specifies the method by which the commissions will be computed and paid. Employees must acknowledge that they received the contract and/or plan.

California [...]

Tags: written commision agreements required
Posted In: Employment Law News 

California Women Granted Enumerated Protections for Breastfeeding

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Under the California Fair Employment and Housing Act (FEHA), it is unlawful to engage in specified discriminatory practices in both the employment setting and in housing accommodations on the basis of sex.

Under existing law, “sex” is specifically defined under the FEHA to include gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth.

Effective [...]

Tags: breastfeeding, discrimination
Posted In: Employment Law News  Real Estate Reporter 

California FEHA Amended to Prohibit Discrimination For Religious Dress and Grooming Practices

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

The California Fair Employment and Housing Act (FEHA) prohibits discrimination (except in the case of undue hardship) in employment and housing based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation. Assembly Bill 1964, signed by Governor Brown, codifies existing interpretations of religious discrimination under the FEHA into the [...]

Tags: religious discrimination
Posted In: Employment Law News 

Arbitration Clause in an Employee Handbook Held Unenforceable

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

On July 30, 2012 the California Court of Appeal rendered a decision invalidating an arbitration clause contained in an employee handbook.

In Sparks v. Vista Del Mar Child & Family Services, ___ Cal.App.4th ___ (2012), the Second District Court of Appeal affirmed the trial court's decision to deny the employer's [...]

Posted In: Employment Law News 

New 3.8% Medicare Tax May Apply to the Sale of Your Home

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Section 1402 of the Health Care and Reconciliation Act of 2010 creates a new 3.8% unearned income Medicare tax that goes into effect January 1, 2013. This tax is imposed on individuals with an adjusted gross income above $200,000 and couples filing a joint return with an adjusted gross income exceeding $250,000. This new 3.8% tax will be imposed on income from interest, dividends, annuities, royalties, rental income (less expenses) and capital gains (less capital losses) which are not derived in the ordinary course [...]

Posted In: Real Estate Reporter  Tax Update 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.