Employee Handbook Compliance Review for Employers & Business Owners
Please contact us to schedule an appointment to review your existing employment Handbook, and/or company policies & procedures to ensure your business is California labor law compliant.
Welcome to the Law Offices of Chauvel & Glatt, LLP!
We are based in San Mateo, California, and serve the Peninsula and surrounding communities, including San Francisco to San Jose, as well as clients throughout Los Angeles, San Diego and San Bernardino Counties and the State of California. We’ve been providing legal services for more than 3 decades and specialize in the fields of Business Law, Real Estate Law, Employment Law, Estate Planning/Probate, Transportation Law, and Intellectual Property Law. We bring a wide range of knowledge and experience, with members of our team speaking English, Spanish and Tagalog.
Practice Areas
Our Team
Our attorneys enjoy working collaboratively and strive to keep matters as simple as possible. We share a desire to give you unparalleled customer service by being proactive and responsive to all your needs.
April Glatt
April Glatt
Natalia Cañas
Natalia Cañas
Derek Myers
Derek Myers
Joe Newman
Joe Newman
Ken Weinfield
Ken Weinfield
Our Expertise
- We handle business formation and commercial transactions, as well as commercial litigation.
- We provide legal advice relative to the myriad of employment-related requirements and rules that apply to employers under California labor law.
- We guide our clients through the creation of individual and family trusts, wills, trust administration and the probate process.
- Our firm advises established companies as well sole proprietors, start-ups, and independent contractors in relation to protecting their rights.
- We are well-versed in a wide variety of commercial and residential real estate matters to provide you full-service representation for all your property needs.
- Our attorneys specialize in the transportation and logistics fields and have a thorough understanding of carrier regulations and compliance issues.
Chauvel & Glatt Brings You The Latest Updates.
- Employment Law
Posted in: News
PAGA (Private Attorneys General Act) has wreaked havoc on employers since 2004 when it was enacted in California. It is a commonly seen in legal Complaints filed against employers costing businesses hundreds of thousands of dollars to get rid of a lawsuit for the smallest of mistakes, often unintentionally made by an employer. Any award settled or won by the employee requires that 75% of these funds go straight to the California Workplace Development Agency known as the CLWDA. You may be wondering who the real winner is in a PAGA case? It’s employee’s attorneys who take usually up to 1/3 of their costs and fees right off the top of the award before anything is even factored into the money that goes to the employees—and those are not the only fees and costs that come off the top. Employees would take far more if they sued individually. But does an individual employee even understand what PAGA suits really are?
This year, there is a chance to finally change this California law on the ballot this November 2024. New legislation is on the ballot, after pro-employer/business owners obtained enough signatures to get it there. This bill, called the California Employee Civil Action Initiative, would repeal and replace the existing PAGA law.
This is not a full repeal but rather is a re-writing of the legislation which replaces how PAGA works. The new law would double the statutory and civil penalties for a willful state labor law violation(s), not simply because one exists. It would also require that the 100% of the money collected be awarded to the employees, rather than to the attorneys unless the labor code allows it. New resources are necessary to be put in place as well to help employers become compliant with the California Labor Laws as written. The catch? The DLSE (Dept. of Labor Standards Enforcement) would be a party to all labor complaints. With their involvement hopefully Plaintiffs attorneys won’t abuse the PAGA claims since the financial incentive won’t be as clear depending on the claims. As Chauvel & Glatt has seen up close, these claims can put companies out of business.
Over the past year or so, the legal arena, from the United States Supreme Court to the California Supreme Court, has considered the impact of PAGA on employers, but there is disagreement amongst the courts but no clear cut answer. The extreme amount of PAGA claims being filed is egregious so it is so important for businesses to have an experienced legal counsel who understands PAGA, to do an audit of your business from an employment perspective to ensure you are operating California compliant. Even a paycheck mistake as PAGA exists right now could be awful for a company. So if you get a letter written with the CLWDA, do not ignore it. Seek counsel from Chauvel & Glatt’s Employer Lawyers located in San Mateo, California. Our attorneys are available remotely via video conference or phone or in person. And get out and VOTE!
This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500 for legal assistance near you.
- Estate Planning
Posted in: News
Zappos.com is the largest shoe retailer in the world. In 2009, Amazon acquired the company for $1.2 billion which made Zappos’ visionary founder Tony Hsieh very wealthy. The entrepreneur, who grew up in the Bay Area and spent 21 years building Zappos to become a widely successful brand, retired in 2020. Only three months later, he tragically died in a house fire at the age of 46. When he passed away, the value of his estate was estimated to be approximately $840 million.
Hsieh’s untimely death was even more devastating as he never created an estate plan to manage his vast fortune. This caused tremendous chaos and uncertainty for his family, friends, and business partners. Without a properly executed and functioning estate plan, his affairs would be subject to the intestate laws of Nevada, his state of residence.
Hsieh never married, nor had children. So, there was also the possibility that with no heirs, the state law would dictate that the State of Nevada claims his property. Fortunately, his parents were alive and he had siblings. Hsieh’s estate eventually passed to his parents, but the process was painful, expensive, time-consuming, and embarrassing. Others close to Hsieh, who believed he would have channeled some assets to them, were left empty handed.
Nearly his entire estate was likely subject to the onerous federal estate tax of 40%, which would be hundreds of millions of dollars, but with proper planning could have been mitigated.
Whether his lack of planning is due to his feeling of invincibility, fear, or general procrastination, we’ll never know. However, Hsieh would certainly have preferred to have a say in the disposition of his assets, instead of being subjected to intestate laws.
While the financial consequences of Hsieh’s poor planning were significant, his situation is not unique. More than half of adults in the United States don’t have Estate Planning. They do not have a Will, Trust or Powers of Attorney.
Most people do not have an estate value comparable to Tony Hsieh’s, however the effects of poor planning can be as devastating to your family should you fail to adequately prepare. Contact the lawyers at Chauvel & Glatt to put a plan in place.
This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500 for legal assistance near you. (photo credit: Depositphotos.com)
- Employment Law
Posted in: News
Today, April 1, 2024, the minimum wage for employees working for National Fast Food Chains has increased to $20 per hour. Under this law (AB 1228), National Fast Food chains are defined as limited-service restaurants consisting of more than 60 establishments nationally, that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order, or select items, and pay before consuming, with limited or no table service.
This is not the last time we will see the minimum wage increase for fast food employees. The minimum wage for fast food employees will likely increase each year on January 1st moving forward by no more than 3.5%. Any minimum wage increase will be determined by the Fast Food Council. The Food Council is made up of 9 voting members, including representatives from various sectors of the fast food industry, fast food restaurant franchisees or restaurant owners, fast food restaurant employees, advocates for fast food restaurant employees, and a neutral chairperson. In addition to the increases to minimum wage, the Fast Food Council will also provide recommendations to the Department of Industrial Relations related to workplace standards.
While there are exceptions to this law, the question is why only fast food chains, like McDonalds? Why not a Panera (well they fall under one of the exemptions due to their classification as a “bakery”)? But really, how do you pick one employer over the over. This is just another reminder that the arbitrary and challenging employment laws in California make it difficult for Employers to run their businesses California Labor compliant. It also makes California companies breeding grounds for wage & hour lawsuits. As a result, it is crucial for employers who have National Fast Food Chains in California to stay up to date with minimum wage requirements and other workplace recommendations made by the Fast Food Council to ensure CA Labor Law Compliance. For more information, contact the Employer Lawyers at Chauvel & Glatt.
This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500 for legal assistance near you.
