Griffen Thorne

PAGA Reform Deal Tentatively Reached The California Private Attorneys General Act (PAGA) has done many things. Since its passage in 2016, it has resulted in an explosion of lawsuits, shuttered small businesses, put well over $100 million into the state’s coffers, and built substantial wealth for a huge band of gunslinging lawyers. What PAGA has not done is ensure uniform compliance with our state’s strict wage-hour laws. As a lawyer who frequently represents smaller employers, this is particularly disheartening. Last week, Governor Newsom, working with state lawmakers and labor and pro-business groups, hammered out a deal to reform key aspects of PAGA. The reforms, if passed by the California Legislature and signed by the Governor by June 27th, will result in removal of a pending PAGA reform measure from the November ballot. The reforms are calculated to: ·      Encourage prompt compliance with wage-hour laws by capping penalties for employers who act quickly to fix policies and practices, and make workers whole, after receiving a PAGA notice. ·      Create new, higher penalties for employers who act maliciously, fraudulently, or oppressively in violating labor laws. ·      Increase percentage of penalties that go to employees from 25% to 35%. ·      Expand the number of Labor Code sections that can be cured to reduce the need for litigation. ·      Help to reduce the impact on small employers by providing a more robust right-to-cure process. ·      Allow courts to provide injunctive relief to compel businesses to implement changes in the workplace to remedy labor law violations. ·      Require employee(s) who sue to personally experience the alleged violations brought in a claim. We will continue to monitor these developments. Regardless of reforms, it is clear PAGA is not going anywhere. The very best way to avoid these potentially disastrous lawsuits is to ensure full compliance with California’s wage-hour laws. We encourage employers to audit their timekeeping, overtime, meal and rest break and reimbursement practices, as these are the most common PAGA violations. Additionally, if the reforms become law, on receiving notice of a PAGA claim, in the form of a letter to the Labor Workforce Development Agency (LWDA), employers should immediately act to “cure” violations to reduce penalties. We can assist with each of these efforts. Please contact us for help.

1

🚨 JURY VERDICT ALERT 🚨 When is an adverse jury verdict actually a victory? When the plaintiff recovers less than 10% of the amount that they requested from the jury, and less than half of their final settlement demand. This is the extraordinary result that F+B’s civil litigation team achieved last week in San Diego Superior Court. As experienced litigators know, not every case will result in a finding of no liability. Sometimes defense counsel is faced with a high probability of a liability finding. In those cases, the name of the game is to minimize the jury's award to the plaintiff. Thank you to the members of the jury who truly served their community throughout 7 days of testimony, arguments, and deliberations. Kudos to F+B’s entire civil litigation team, led by our firm’s Founder and Managing Partner Heywood G. Friedman, Esq., co-second chairs Arman Shirinian, Esq., and Deborah Park, Esq., and supported by our exceptional team of paralegals, law clerks and professional staff. Thanks also to our clients, who refused to compromise their principles! If you want to learn more about F+B's cutting-edge trial defense strategies, reach out to our firm’s Founder and Managing Partner, Heywood G. Friedman at [email protected] Niranand Raum | Caroline Hoyt #FriedmanBartoumian #ForTheBestDefense #AlwaysBeClosing #TheBestDefense #DefenseAttorneys #RiskManagement #Insurance #InsuranceLaw #Attorneys #Attorney #Lawyers #Lawyer #Law #Legal #LawFirm #California #CaliforniaLaw #CaliforniaLawyers #CaliforniaLawyer #CivilLitigation #Litigation #Trial #SanDiego 

23

💸 Probate in California? It’s Expensive! 💸 Got a $1,000,000 estate (psst - it's NOT that difficult to hit $1M in CA)? Probate could cost you: $46,000 in Statutory Fees: That’s a lot of cash! Time & Stress: Probate can take months, causing delays and headaches. Court Involvement: The court will oversee the process, making it public and cumbersome. Avoid probate and keep more of your money! 💰 Want to find out how much your estate will cost your loved ones if you don't plan? Head over to our website (https://buff.ly/45kFpeP) and check out the free probate fee calculator. #yourhomelegal #probate #probatelawyer #familyfinances #financialfreedom #estateplanning #probaterealestate #probatecosts #estateplanning #california #savemoney

2

California passes Freelancer Worker Protection Act. What does this mean to freelancers and companies? Attorney Breakdown Governor Gavin Newsom signed SB 988 into law on September 28, taking effect on January 1, 2025. The law covers any "hiring party" based in California and requires: * Written Contracts for any project more than $250 * Timely payment (30 days or less unless outlined differently in the contract) * No retaliation for enforcing any of the rights in the law * No payment ultimatums (can't demand a discount or bonus services for the original payment amount to be paid on time) Freelancers can use the law to enforce their rights and can get: *$1,000 + normal rate if a freelancer asked for a written contract and the hiring party refused to comply * double the unpaid compensation if payment was late *damages equal to the value of the contract or the work performend (whichever is greater) if any other violations of the law. 𝗙𝗼𝗿 𝗙𝗿𝗲𝗲𝗹𝗮𝗻𝗰𝗲𝗿𝘀 (especially creative service providers like editors, VAs, social media managers, copywriters, photographers, videographers, etc): If you are based in CA or get contracted out in CA, make sure you understand your rights and 1) use a solid written contract to outline your services and 2)follow the correct billing procedure, including sending an invoice to the right department for timely payment. If you're not based in CA -- you can add these rights to your existing contract (or if you need a good Client Service Agreement, grab it at the link below) 𝗙𝗼𝗿 𝗖𝗼𝗺𝗽𝗮𝗻𝗶𝗲𝘀: If you are based in CA and hire independent contractors, make sure you 1)update your contracts and can meet the payment timelines 2)train any managers on compliance with this new law and 3)work with your billing department to make sure you can pay within the contract deadline, or at most net/30 days of when the services were completed. #freelancers #freelancertips #compliance #independentcontractors #gigeconomy Follow me news, tips, and tricks to get your brand legally legit!

5

1 Comment

Lara Shortz shared with Law360 her take on the recent Supreme Court of California decision regarding Proposition 22, which permits app-based companies to classify their drivers as independent contractors rather than employees. Lara noted that while Proposition 22 specifically targets app-based drivers, its framework might inspire similar legal carveouts for other industries and open doors for broader applications, potentially influencing independent contractor classifications in other sectors. Read Lara's insights here: https://lnkd.in/gaintuFH required) #LegalInsights #LaborLaw #Prop22 #MichelmanAndRobinson

24

1 Comment

Probate in California is long and expensive. You can expect a relatively uncomplicated probate estate to take anywhere from 8-12 months or more. Here is a basic timeline of what to expect. 1️⃣ Filing the Petition: The process typically begins by filing a petition with the probate court. This kicks off the legal proceedings and initiates the probate timeline. Your first hearing is usually a couple of months after you file the petition. 2️⃣ Notification to Creditors and Beneficiaries: After filing, creditors and beneficiaries are notified, allowing them to make claims against the estate if necessary. This period usually lasts a few months. 3️⃣ Inventory and Appraisal: The executor or administrator is responsible for taking inventory and appraising the estate's assets. This step helps determine the estate's overall value. 4️⃣ Debts and Taxes: Debts and taxes owed by the estate must be paid off using estate funds. This can take several months, depending on the complexity of the estate. 5️⃣ Distribution of Assets: Once debts and taxes are settled, remaining assets can be distributed to beneficiaries according to the will or California intestacy laws. There is A LOT that goes into making sure the probate is handled correctly and timely. If you have questions or need support, send us a DM.

5

1 Comment

How to Mediate Changes After Divorce without needing to hire lawyers or go to Court? I explain the California Divorce Modification Mediation alternative and how it helps my clients.... Navigating life after #divorce can be a bumpy road, but understanding how you can #modifydivorce decrees without a big fight can make all the difference! 🚗💨 Knowing the ins and outs of the #California #divorce #modification process and the #amicable #mediation alternative to court battles is a key to maintaining positive #coparenting relationships in the best interests of your children. Learn more about Divorce Modification services I offer San Diego Divorce Mediation & Family Law - San Diego Divorce Attorneys & Divorce Mediators and let's help families navigate changes to ensure a smoother transition. https://lnkd.in/g7YEAjCh

13

1 Comment

Important for the future of mediation

2

The new era of depositions is here. Legal Recorder has quickly gained recognition among California attorneys for its ability to simplify Zoom depositions. Read our tips here - https://lnkd.in/d8S52KEk

1

CDF Partner Mark S. Spring recently authored an article for Law360 that delves into the recent California Supreme Court decision that upholds Prop 22, allowing app-based drivers to remain as independent contractors. This ruling holds significant implications for companies such as Uber, Lyft, DoorDash, and others operating in California and hiring app-based drivers. See the attached article to read more about the potential implications of this decision. #prop22 #caemplaws #gigeconomy

6

1 Comment

Activating a Trust? Give Notice! When someone dies with a California trust -- the trust needs to be administered/activated by the successor trustee -- the first order of business of the successor trustee is to prepare and serve a notice that meets with the requirements of the California Probate Code Section 16061.7. If you retain counsel, we will do this for you properly and quickly. Here's why: Informing Beneficiaries: It notifies all beneficiaries and interested parties about the deceased’s trust, so they know their rights and what they might be entitled to. Legal Compliance: It ensures that the trust administration process complies with California Probate Code that governs trusts. Preventing Disputes: By informing everyone involved, it helps prevent misunderstandings or disputes that might arise due to a lack of information. Lastly, it limits the time to contest the trust and related documents by 120 days where the trust and all amendments were served with the notice. The contest is limited to the terms of the trust itself not the death trust administration. A contest is often the contest of the TRUST TERMS ITSELF not the ADMINISTRATION OF THE TRUST. There's a difference. #TrustsAreBest #VestInYourTrust

30

13 Comments

UNDERSTANDING BONUS INCOME IN CALIFORNIA DIVORCE CASES: THE OSTLER-SMITH APPROACH TO SPOUSAL AND CHILD SUPPORT f you’re a Californian contemplating divorce or currently undergoing one, and you or your spouse has a variable bonus income, understanding how this income is accounted for in support payments is crucial. This is especially true if the party paying support has both W-2 income and variable bonus income. One of the seminal cases in California that addresses this issue is the Ostler-Smith case. This case has set a precedent for how bonus income is treated in the calculation of child and spousal support. In Ostler-Smith the court approved a method where a percentage of future bonus income is added to a support order. The court reasoned that since no future bonus is guaranteed, it would not be appropriate to base a support order on the payer’s bonus income and then require them to file motions to modify at such times as the bonus is reduced. Instead, it would be more fair to all parties to base the support order on the payer’s income from salary, and to allocate a portion of the future bonus income to the children and spouse by way of a percentage interest. This way, future litigation will not be necessary as the bonus income changes.  Under Ostler/Smith, the court calculates support based on base income, and then orders that an additional percentage of bonus income be paid when bonuses are received. What percentage can only be determined on a case-by-case basis, but a significant factor will be what percentage of base income is ordered as support under the normal support determinations. #spousalsupport #childsupport #californiadivorce

8

This quick-tip episode of the #CalAppLawPod will update your litigation toolkit with “snap removals” and “super-snap removals.” Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants. But don’t commit a “super snap” removal. That’s when you remove before the complaint is officially filed. The 9th Circuit just rejected those. We discuss Casola v. Dexcom, Inc., and how to learn about lawsuits before they are even filed. #AppellateLinkedIn

22

1 Comment