Posts from December 2017.
Who Should Sign a Proof of Claim Form - Lawyer or Client?

Question: I represent a creditor who had sued an entity before it was put into receivership. The court has established a claims procedure, and the receiver has sent out claim forms. Can I sign the claim form on behalf of my client or is it better to have my client sign?

Answer: Receivership cases and bankruptcy cases often require creditors to file proofs of claim. Because it may be easier, quicker and cheaper, attorneys for creditors sometimes sign and file the proofs of claim. While this is explicitly allowed in bankruptcy cases under Bankruptcy Rule 3001(b), and there is no ...

New Law Phases In Overtime Increases for Agricultural Workers

Beginning on January 1, 2019,  Assembly Bill 1066 phases in overtime for agricultural workers over a four year period, ultimately making these workers eligible for overtime pay at one and one-half (1-½) times their regular rate after eight hours per day, rather than the current ten hours. Employers who employ 25 or fewer employees will have an additional three years to comply with the phasing-in of these overtime requirements and will be required to meet the same phased in standards mentioned below commencing on January 1, 2022.

More specifically, in 2019, employers with more than 25 ...

Senate Bill 621 Gives Part-Time Educators Their Proportional Share

Senate Bill 621 will become effective on January 1, 2018.  The bill amends Labor Code section 515.8 and is intended to address the ambiguities in Assembly Bill 2230 which was enacted last year.  AB 2230 had set a new earnings standards for designating private school teachers as exempt from overtime which were based on the employee earning a monthly salary equivalent to the greater of no less than the lowest salary offered by any school district or the equivalent of no less than 70% of the lowest schedule salary offered by the school district or county office of education in which the private ...


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