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ChauveL News Archive

Typically, a conservatorship is necessary when a Conservatee did not create a proper and complete estate plan. By failing to do so, a family member must then obtain a court order so he or she can manage the Conservatee’s financial affairs and take control over the Conservatee’s health and welfare.

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Cal/OSHA passes the Hotel Housekeeping Musculoskeletal Injury Prevention regulation that took effect on July 1, 2018. This new regulation requires affected employers to perform an initial worksite evaluation by October 1, 2018.

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As the summer heat intensifies, so does your obligation to protect your employees from heat-related illnesses. If you have employees who work outdoors, you are required to provide them with recovery periods of 10 minutes at least once every four hours. A ‘recovery period’ is a cool down period provided to prevent heat-related illness.

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Recently, a California Court of Appeal upheld an employer’s practice of rounding employee time entries to the nearest quarter hour. As you are aware from our news, employer wins in California are the exception not the rule. Here’s what happened:

In this appellate case, the employer had a company-wide system of rounding employee time entries to the nearest quarter hour. For example, if the employee clocked in between 6:53 and 7:07, he or she is paid as if he or she clocked in at 7:00. The appellate court found that this policy did not violate California labor laws because the result of the policy was neutral in application and did not result in a net underpayment of employee wages.

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Recently, high-risk funds such as XIV and SVXY dropped more than 80% overnight, causing many margin-trading investors to fall into substantial debt with their brokerages. Margin trading allows investors to borrow money from a financial brokerage to purchase stock. In order to trade on margin, an investor needs to open a margin account with a brokerage. 

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New employment policies went into effect on July 1, 2018, that “limit or prohibit the use of any language” in the workplace are presumed to be unlawful. This means that English-only policies are presumed to violate California law unless:

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We often encounter married clients who have revocable trusts prepared years ago which mandate creation of multiple trusts at the death of the first spouse (Decedent’s, Marital and Survivor’s Trusts). Prior to 2011, this set up was necessary to protect the deceased spouse’s federal estate tax exemption. However, since 2011 an individual’s federal estate tax exemption is portable or may be transferred at death to his or her spouse. Thus, it is no longer necessary to create multiple trusts at the first death.

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Yesterday, the California Court of Appeal found that an employer is not​ liable for injuries to third-parties that are caused by an employee driving their personal outside the scope of his/her employment, so long as there is no benefit to the employer. Employers can be held liable "for an employee's tortious conduct while driving to or from work, if at the time of the accident, the employee's use of a personal vehicle was required by the employer or otherwise a benefit to the employer." In this case, the employee was driving his vehicle on his usual route to work, but it was not a work day. The appellate court reversed the trial courts decision and held that the employer was not liable. 

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Digital assets as defined in the California Probate Code are “electronic record(s) in which an individual has a right or interest.” Cal. Probate Code §871(h) These accounts include your personal data stored in your computer or other digital devices, and your email accounts, blogs, or accounts with various social media portals such as Facebook, Twitter, Instagram, and/or LinkedIn. In addition, digital assets also include your assets of monetary value such as your online banking accounts, brokerage accounts, any domain name, PayPal or Venmo, and many more.

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Business, Employment:  May 24, 2018

An 'Epic' Win for Employers

On May 21, 2018, the United States Supreme Court decided Epic Sys. Corp. v. Lewis​, finding that employment arbitration agreements that contain class action waivers are enforceable. Prior to this case, best practices required an opt-out option for employees when contemplating waiver of rights to file a class or collective action.

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On May 8, 2018, the California Court of Appeal published its decision in Maldonado v. Epsilon Plastics, Inc. In this decision, the court found that claims for inaccurate wage statements, based on other wage and hour violations, did not give rise to a presumption of injury. 

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This week the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court, which makes it more difficult for companies to classify workers as independent contractors.  Under the Dynamex ruling, the Court adopted the “ABC” test in which a worker is presumed to be an employee of the hiring company unless the company can establish that:

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