Posts from July 2016.
Posted in Staff Infection

Buried in an appropriations bill designed to address no fewer than 42 separate issues is a small, but important item for California employers. In  response to requests for legislative restrictions on the Private Attorneys General Act of 2004 (PAGA), the legislature passed State Bill 836, the Governor’s budget bill.  SB 836 includes an amendment to PAGA which provides the Labor Workforce Development Agency (LWDA) with increased oversight of PAGA actions by allowing the LWDA additional time to review and investigate PAGA claims.  There are new requirements for online filing ...

Question: Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?

Answer: In a recent unpublished bankruptcy appellate panel decision (In Re Domum Locis, LLC, 2015 WL 4697747 (9th Cir. BAP 2015)), the BAP reversed the bankruptcy court’s published decision in which the bankruptcy court held that a transfer of property in receivership by the defendant without permission of the receivership court, was void. In Re Domum Locis, LLC, 521 B.R. 661 (Bankr. C.D. Cal. 2014). The bankruptcy court’s decision was discussed in the Winter/Spring 2015

Question: I have seen various instances where receivers have requested that funds from returned or uncashed checks from a distribution be redistributed to other claimants or used to pay administrative fees or costs. Is this proper? Can the receiver get in trouble for not simply escheating the funds?

Answer: In California, what a receiver is to do with unclaimed funds is specifically governed by California Code of Civil Procedure § 570. It provides: “A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall ...

Posted in Staff Infection

Like the City of Los Angeles, Los Angeles County raised the minimum wage for employers with 26 or more employees to $10.50 starting July 1, 2016. The rule will apply to all workers who work at least 2 hours in the unincorporated areas of Los Angeles County in a given week.

The Los Angeles County website provides a method to determine if a business is in an unincorporated area of the county.

The Los Angeles County poster can be found here.

 

This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article ...

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