Posts from January 2014.

QUESTION: When I am appointed receiver is there anyone in particular that I need to notify?

ANSWER: There are a number of statutes which require a receiver to notify certain agencies of the receiver’s appointment. In particular, California Revenue & Taxation Code §18650 requires the receiver to notify the Franchise Tax Board of his or her appointment. Similarly, Internal Revenue Code §§6036 and 6903 require a receiver to notify the Internal Revenue Service of his or her appointment; as does California Unemployment Insurance Code §1090. IRS Form 56 may be used to provide such ...

Posted in Staff Infection

All California employers should by now be using the new minimum wage law poster released by the California Industrial Welfare Commission. The poster serves to notify all employees of the planned minimum wage increases that will apply to most employees. Specifically, the poster states that the current $8.00 minimum wage will increase to $9.00 on July 1, 2014, and again to $10.00 on January 1, 2016, a 25% increase over 18 months. The poster also provides information on increased meal and lodging credits against wages that are available when an employer and employee voluntarily ...

Posted in Staff Infection

A few months ago I posted a blog article that outlined the basic rules on when a terminated or resigning employee must be paid his or her final wages in the State of California (“Payments Upon Termination of Employment: Is Anyone Still Confused?”).  However, while an employer may now understand when an employee must be paid, where and how should the payment take place? Should the payment be mailed to the employee who has abandoned his or her job or is it permissible for the employer to hold the final paycheck until it is contacted by the former employee? Can the final paycheck be ...

QUESTION: My order of appointment states that I have the power to commence litigation. Do I need a separate order from the receivership court if I want to sue someone?

ANSWER: A receiver’s “order of appointment,” along with any applicable statutes, vests the receiver with his or her powers. The order of appointment can provide that a receiver has the power to file suit without the need for a specific court order which provides for the litigation to be filed. That permission can be relied upon. Harting v. Cebrain, 10 Cal. App. 2d. 10, 17 (1935) [“The order appointing the receiver ...

Posted in Staff Infection

Over the next few years, the Occupational Safety and Health Administration (OSHA) will be phasing in certain safety requirements designed to align its Hazard Communication Standard with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals. These include new labeling elements and a standardized format for Safety Data Sheets (SDS) (formerly known as “Material Safety Data Sheets”). The changes will improve worker understanding of the hazards associated with hazardous chemicals in the workplace.

The first compliance deadline ...

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