Freeman

Fair Value

by Robert M. Heller and Todd M. Lander A fair value appraisal of shares required under California Corporations Section 2000 in shareholder buyouts is quite different from a fair market value appraisal. The law of unintended consequences is a frequent companion to the legislative process. Such is the case concerning California Corporations Code Section 2000,…

ARPA: What Employers Need to Know Regarding Leaves of Absence

by Teresa R. Tracy The Federal Families First Coronavirus Act (FFCRA) expired December 31, 2020.[1]  This leave was extended through March 31, 2021 for employers who voluntarily decided to extend it under the COVID-related Tax Relief Act of 2020 (Tax Relief Act), which was enacted in December 2020.  The American Rescue Plan Act (ARPA) further…

California Imposes Employee Recall Obligations Upon Employers Who Laid Off Workers Due to The Pandemic

As California businesses resume their usual operations and see their staffing needs slowly expand to pre-pandemic levels, employers will now need to contend with the state’s newly enacted employee recall requirements.  On April 16, 2021 Governor Newsom enacted Senate Bill 93 which requires employers in certain industries to prioritize the rehiring of workers laid off…

Do You Want to Divorce Your Fellow LLC Member? | FFS Insights

by Robert M. Heller Discretion, we are told, is frequently the better part of valor, and nowhere is that cliché more apropos than in confronting the prospect of divorcing business partners.  The expense and contention of that separation can test both the limits of our patience and the depths of our determination, all of which…

Employer-Mandated COVID-19 Vaccinations | FFS Insights

Can California employers require their employees to be vaccinated against COVID-19?  Generally, the answer is yes. With increased availability of FDA-approved vaccines and companies contemplating re-opening of their worksites, many employers are wondering whether they can mandate that workers be vaccinated before they return to the workplace.  The federal Equal Employment Opportunity Commission (EEOC) previously…

California Just Made Meal Break Compliance Extremely Difficult | FFS Insights

by Teresa R. Tracy In late February, the California Supreme Court ruled that employers may not round time for meal breaks.[1]  This means that the large number of employers who still round clock in and out time cannot do so for meal breaks even if they continue to lawfully do it at the beginning and…

Newsom Enacts New Law Expanding Prior Sick Leave Benefits | FFS Insights

California’s COVID-19 supplemental paid sick leave law expired December 31, 2020.  On March 19, 2021 Governor Newsom enacted a new law which expands upon the prior sick leave benefits and imposes new workplace notice obligations upon employers.  The law goes into effect March 29, 2021 and is retroactive to January 1, 2021.  It is set…

LA County Extends Supplemental Paid Sick Leave Ordinance

In April 2020 Los Angeles County issued an interim urgency ordinance to establish supplemental paid sick leave for COVID-19-related reasons for employees of businesses with 500 or more employees nationally.  That ordinance expired on 12/31/20.  However, last week the County Board of Supervisors passed an ordinance to extend the sick leave benefits under the original…

Diving Deep For Documents Opens Even Deeper Pockets | FFS Insights

by Robert M. Heller If litigation is commonly a war of attrition, discovery is the battlefield where that war is often decided.  And that terrain is particularly perilous for plaintiffs in derivative litigation, because a minority shareholder demanding documents and information from the defending majority in a derivative dispute confronts a perpetual conundrum: the majority…

Employment Law Updates to Prepare You For the New Year | FFS Insights

We can all agree that 2021 can’t come soon enough.  However, before leaping into the new year, California employers should ensure that they are up to date on the latest modifications to the State’s ever-evolving employment laws. Expansion of Family Leave Rights The California Family Rights Act (CFRA) which has historically mirrored the federal Family…

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