CALIFORNIA CHANGES LAW TO ALLOW CONTRACTORS TO OPERATE AS LLCs and ENGINEERS AND LAND SURVEYORS AS LLPS

On September 30, 2010, Governor Schwarzenegger signed SB 392, which will permit the California State Contractors License Board to issue contractors licenses to limited liability companies no later than January 1, 2012.  As with other professionals who organize as LLCs or limited liability partnerships (“LLPs”), an LLC holding a contractors license will be required to maintain a minimal level of security for consumer claims.  Security (Insurance) Requirements.  The security can be satisfied through insurance, as set forth below: 1.         For LLCs with five or fewer persons listed on the “members... Read The Rest →

EMPLOYEE E-MAIL PRIVACY ISSUES

            E-mail has become the preferred method of communication for millions of individuals.  Because of the relative ease in accessing personal e-mail accounts at work, many employees routinely check their personal e-mails and respond to them from the workplace.  Many employees assume that the e-mails they send and receive are protected from review by their employer and, in certain limited circumstances they may be right.  Employees may also assume that when they hit the “delete” key on their keyboard, that an e-mail is removed from their computer.  However, many systems... Read The Rest →

UNPAID INTERNSHIPS

The U.S. Department of Labor has recently announced that it is stepping up enforcement efforts against employers who offer unpaid internships.  The Department – which formerly had a more flexible approach is assessing unpaid internships – is now prohibiting unpaid internships in the vast majority of circumstances.  Nancy J. Leppink, a former Minnesota Assistant Attorney General and the current Director of the Department of Labor’s Wage and Hour Division, has stated, “If you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t going... Read The Rest →

CORPORATIONS vs. LLCs

How do you know whether a corporation or LLC is right for your business?             Let’s assume that you’ve concluded it would be advantageous to operate your small business through an entity that limits the personal liability of all the owners – even if following this strategy involves a bit more paperwork, complexity and possible expense.  You have two main choices – either a corporation or a limited liability company (LLC).  Which is better?  There’s no answer to this question that applies to every business.  Nevertheless, some general principals may... Read The Rest →