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What You Should Know about the Private Attorneys General Act in 2017

What You Should Know about the Private Attorneys General Act in 2017

This article is a top-level summary of how California’s Private Attorneys General Act (“PAGA”) works. PAGA has been revised several times, and has been the subject of many appellate court decisions, since it was first introduced in 2004.

Is Your Worker an Employee or an Independent Contractor?

Is Your Worker an Employee or an Independent Contractor?

An employer is not immune from liability for misclassification simply because the worker signed a written contract agreeing to be treated as an independent contractor.

Independent Contractor or Employee? The Consequences of Getting it Wrong

Independent Contractor or Employee? The Consequences of Getting it Wrong

The Trust Fund Recovery Penalty, Internal Revenue Code (“IRC”) Section 6672, requires employers to withhold from the pay of employees properly calculated FICA, (i.e. Social Security) taxes, Medicare taxes, and income taxes. An employer must withhold taxes on behalf of its employees for payment to the government; the taxes are considered to be held in trust on behalf of the government. Employees are allowed a credit against their tax liability for the amount of taxes withheld from their wages, regardless of whether the employer actually pays the funds to the Feds.

New Workplace Poster Requirement about Employee Rights

New Workplace Poster Requirement about Employee Rights

IMPORTANT UPDATE: There has been a significant development about the NLRB’s union rights poster. The poster requirement rule has been challenged in lawsuits by the National Association of Manufacturers and others. So far there have been mixed results in these lawsuits, For the present, employers need not display this poster.

New Form Required of California Employers Effective January 1, 2012

2012 arrives with a new legal requirement with which employers need to become immediately familiar.