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Gianelli Nielsen News Blog

Monday, January 25, 2016

At-will Employment: Does it Apply to You?


It may seem unfair, but an employer can fire an “at-will” employee at any time, without good cause – or even without any cause at all. It is a bitter pill, and one that many American workers must swallow. Under the law, you are generally deemed to be employed at-will, unless you can prove otherwise.

Workers who are employed at-will can be fired for no reason, but they cannot be fired for a bad reason. Some reasons are illegal under federal or state law, exceptions to the general doctrine of at-will employment.
Read more . . .


Monday, January 11, 2016

Retirement Accounts and Estate Planning


For many Americans, retirement accounts comprise a substantial portion of their wealth. When planning your estate, it is important to consider the ramifications of tax-deferred retirement accounts, such as 401(k) and 403(b) accounts and traditional IRAs. (Roth IRAs are not tax-deferred accounts and are therefore treated differently). One of the primary goals of any estate plan is to pass your assets to your beneficiaries in a way that enables them to pay the lowest possible tax.

Generally, receiving inherited property is not a transaction that is subject to income tax.
Read more . . .


Monday, November 23, 2015

Borrowing from your retirement accounts: Issues to consider


So you have credit card debt, overdue mortgage payments, or suddenly need to buy a new car. We’ve all been there. You need money now, and your retirement accounts continue to climb. Fortunately, many employers allow you to take out loans on these accounts, but should you really begin spending that money before you retire?

On one hand, there are benefits to borrowing from your retirement accounts. You are essentially borrowing your own money, so the payments you make, plus interest, go back into your account.
Read more . . .


Monday, November 9, 2015

What is a Surety Bond?


 

A "surety bond" is a legal tool used to guarantee that a promise will be kept.  It ensures that contractual requirements will be met and work will be done according to specifications.  If they are not, the bond will cover some or all of the damages that result.

The "surety bond" commits three parties to a binding contract. 

First, there is the "principal," the contractor, business or individual purchasing the "surety bond" as a way to assure others that work will be done as agreed.
Read more . . .


Monday, November 2, 2015

Jerry Brown Signs Legislation That Protects Temp Industry Workers


New law hailed as a victory for organized labor but CalChamber calls it a “job killer”

California governor Jerry Brown announced on September 28, 2014 the signing of Assembly Bill (AB) 1897, which adds section 2810.3 to the Labor Code and targets businesses that use workers provided by temp agencies. AB 1897 takes effect January 1, 2015.

According to Read more . . .


Monday, November 2, 2015

Changes in Overtime for Caregivers


As the relationship of a caregiver and client is unique and valuable, prior law allowed for an overtime exemption to give families flexibility when scheduling caregivers in accordance with their needs. Now, a law effective January 1, 2014 has expanded overtime pay requirements under the Fair Labor Standards Act (FLSA) to include in-home caregivers.

The bill creates the Domestic Worker Bill of Rights to regulate the work hours and provide an overtime compensation rate for domestic work employees. These new requirements affect domestic workers as well as personal attendants. There is an important distinction between the two which needs attention in order to best understand how the new bill changes the law.


Read more . . .


Monday, November 2, 2015

The New Farm Law Gives and Takes Away

Signed by President Obama's on February 7, the Agricultural Act of 2014 (or the Farm Law) expands crop insurance for farmers, but cuts funding and makes other changes to the nation's food stamp program (officially called the Supplemental Nutrition Assistance Program or SNAP).


Read more . . .


Monday, November 2, 2015

College Aged Children


Many parents assume that because their college-age child still lives with them, they would be able to assume guardianship in case of an accident. This couldn’t be further from the truth — college students are adults, and as such have privacy rights that can prevent parents from making important medical decisions or even talking to doctors. Here’s what you need to know.

Understanding Changes

Once a person turns 18, they are viewed as an adult under the eyes of the law. This is true even if they are still living with or financially dependent on their parents.
Read more . . .


Monday, November 2, 2015

Six Important Issues for Same-Sex Couples


The Windsor Supreme Court case was a landmark victory for same-sex couples. Now, they are eligible for many of the same retirement, employee benefits and tax breaks as traditional married couples. It's important for married same-sex couples to act quickly to take advantage of a host of new opportunities -- and potential pitfalls. This article explains.

The long-term repercussions of a landmark Supreme Court case (United States v.
Read more . . .


Monday, November 2, 2015

The Fine Print: A Quick History of Boilerplate


As a business owner, you know that terms of a contract are typically negotiated between you and the other parties to the contract. However, some contract terms are already established, usually by lawyers and are attached to your contracts. The term “boilerplate” may sound like it belongs in an equipment manual, but it is a legal term that refers to standardized, formal contract language that addresses the “what if” situations. In other words, it’s the fine print of a contract. 

A Quick History of Boilerplate 

There’s a good reason why the word “boilerplate” doesn’t sound like it belongs in law, it didn’t originate there.
Read more . . .


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