Insights

June 28, 2012 by Jeffrey S. Sloan

U.S. Supreme Court Upholds Patient Protection and Affordable Care Act

The U.S. Supreme Court today upheld the Patient Protection and Affordable Care Act. By a vote of 5-4, the Court ruled that the part of the law that requires everyone to buy health insurance or pay a fine – the so-called “individual mandate” – is constitutional because it... READ MORE

June 28, 2012 by Jeffrey S. Sloan

JOBS Act Reverses Ban on General Solicitations — But SEC Not Ready to Implement

Many entrepreneurs (and their lawyers) are eagerly awaiting the new rule from the Securities and Exchange Commission (SEC) that will allow companies to engage in general solicitations, provided that securities are sold only to “accredited investors.” Originally, the SEC was directed to implement these rules by July 4,... READ MORE

June 25, 2012 by Jeffrey S. Sloan

IRS Announces Guidance on Withholding of Tips

The IRS today released Internal Revenue Bulletin 2012-26 providing guidance on how taxes are imposed on tips under the Federal Insurance Contributions Act (FICA). The bulletin is in question-and-answer format and includes an explanation of both the employer’s and employee’s obligations. The bulletin also addresses the following issues:... READ MORE

June 15, 2012 by Jeffrey S. Sloan

U.S. Department of Homeland Security to Grant Work Permits to Undocumented Individuals

The U.S. Department of Homeland Security (DHS) announced that, beginning sometime in the next 60 days, certain undocumented individuals who have continuously resided in the United States for at least 5 years will be eligible for “deferred action” from deportation and will be given work permits for 2... READ MORE

June 14, 2012 by Jeffrey S. Sloan

Employee’s Refusal to Sign Discipline Form is “Misconduct” Warranting a Denial of Unemployment Insurance Benefits

When you present an employee with a performance review or disciplinary action form and ask that employee to sign it, his refusal constitutes “insubordination.” That is, by itself, grounds for firing the employee. But, is it also “misconduct” within the meaning of Section 1256 of the Unemployment Insurance... READ MORE

June 12, 2012 by Jeffrey S. Sloan

SF Mayor Ed Lee Presents New Business Tax Proposal

For the past several months, the S.F. Controller’s Office has been working with the S.F. Treasurer’s Office, the City Attorney’s Office, and local businesses on a redesign of the City’s business tax system. The current business tax system levies taxes based on a business’ total payroll, and many... READ MORE

June 3, 2012 by Jeffrey S. Sloan

Navigating Defamation Issues in Social Media

Many businesses are frustrated about what they believe are false and defamatory statements about their products/services on Yelp, Twitter, Facebook, Amazon customer reviews, and other social media. That frustration often intensifies when the business learns that, due to the federal law known as the Communications Decency Act, the... READ MORE

May 21, 2012 by Jeffrey S. Sloan

Medical Marijuana Use Not Protected by ADA

The Ninth Circuit Court of Appeals has ruled in James v. City of Costa Mesa that an individual who is discriminated against because of his use of medical marijuana – even if lawful in his home state – has no claim under the federal Americans with Disabilities Act... READ MORE

May 1, 2012 by Jeffrey S. Sloan

EEOC Issues Guidance on Employers’ Use of Criminal Records in Hiring

The Equal Employment Opportunity Commission (EEOC) recently published new guidelines for how employers should (1) handle inquiries into arrest and criminal conviction records of applicants and employees, and (b) make employment and hiring decisions when criminal backgrounds are part of the consideration. The full text of the EEOC’s... READ MORE

April 30, 2012 by Jeffrey S. Sloan

The Prevailing Party on a Labor Code §226.7 Claim for Unpaid Meal and/or Rest Breaks Does Not Get Attorneys’ Fees

The California Supreme Court held that attorneys’ fees are not awardable to the winners in cases involving meal and rest period claims under Labor Code §226.7. In Kirby v. Imoos Fire Protection, Inc., the Court held that a Labor Code §226.7 claim is not a claim for which... READ MORE

April 22, 2012 by Jeffrey S. Sloan

EEOC Says Transgender Applicants and Employees Protected Under Title VII

On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) ruled in Macy v. Holder that transgendered applicants and employees are protected from employment discrimination by Title VII of the Civil Rights Act of 1964. This landmark decision marks the first time that a federal court or agency... READ MORE

April 12, 2012 by Jeffrey S. Sloan

California Supreme Court Issues Long-Awaited Brinker Decision Clarifying Employers’ Meal and Rest Break Obligations

On April 12, 2012, a unanimous California Supreme Court ruled in Brinker Restaurant Corp. v. Superior Court that employers are not required to police their employees and ensure that employees actually take their 30-minute meal breaks. The Court also ruled that employers are not required to provide 10-minute... READ MORE

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