Archive for July, 2009

This month a number of former Home Depot assistant managers filed a class-action lawsuit against Home Depot for failing to pay overtime wages at its Illinois stores. The lawsuit alleges that Home Depot wrongly classified the assistant managers as exempt employees in order to require them to work more hours. The lawsuit seeks compensation for unpaid wages in addition to punitive damages.

Simply classifying an employee as an assistant manager does not mean that the employee is exempt from overtime pay. If you have questions regarding the current law on overtime exemptions, please contact the Janssen Law Firm to consult with one of our employment law attorneys. The Janssen Law Firm has handled multiple class-action and wage and hour lawsuits in Humboldt County and throughout California for employers and employees and has been recognized by California Lawyer Magazine for its work in the employment law area.

Alexandria Sage, Reuters 07/21/2009
Read Article: Reuters

WHAT WILL THE FEDERAL ESTATE TAX EXEMPTION END UP BEING?

Estate planners (and their clients) would like to know what Congress is going to do with the Federal estate tax exemption.   For 2009, the estate tax applicable exclusion is $3.5 million ($7 million per married couple).   The estate tax rate is 45%.

As we near the end of a 10-year piece of legislation, if Congress does not act, there will be no estate tax in 2010 and the Federal estate tax exemption will be $1 million ($2 million per married couple) in 2011.

A recent budget proposal of President Obama and the House of Representatives would extend the current $3.5 million exemption and 45% estate tax rate.   In a narrow vote, the Senate passed an amendment to its version of the budget resolution that would increase the estate tax applicable exclusion amount to $5 million ($10 million per married couple).   It’s believed the Senate version of the budget resolution is not likely to be successful because it is not supported by the Democratic leadership.   Also, it is estimated that it would increase deficits by $91 billion in the first 10 years when compared with the cost of the President’s proposal. Tax Policy Center Table.

If you have questions regarding planning your estate to minimize the effect of estate taxes,  please contact our estate planning department.

While the federal Minimum Wage will increase to $7.25 on July 24, 2009, employers here in Humboldt County must still pay the higher California state minimum wage of $8.00 per hour.  Employers also must post both the federal minimum wage poster, entitled “Employee Rights Under the Fair Labor Standards Act,” and the California Minimum Wage Official Notice, called “California Minimum Wage MW-2007″.

California Minimum Wage Official Notice

Federal Minimum Wage Official Notice

If you have any questions about this or any other aspect of law affecting employers here in Humboldt County, California, please call our office and ask to speak with one of our attorneys.

As more members of our community bicycle to work, school, and for exercise, there’s been an unfortunate increase in fatalities and serious injuries to bicyclists.  Many motorists do not realize that bicyclists have the same rights under the California Vehicle Code to occupy the roadway as does a motor vehicle.  Further, many motorists are inattentive and even unaware of the presence of bicyclists on the roadway.

A recent bicycle injury case handled by Michael Crowley of the Janssen Law Firm illustrates the problem.  Mr. Crowley represented a 46-year old apartment complex maintenance worker who was riding her bicycle home from work on Union Street between Henderson and Harris Streets in Eureka when she was struck by a flatbed-semi driven by a trucker employed by a commercial trucking company.  The driver left the scene of the accident, and was later found by the police, stating he was unaware that he had struck anyone.

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California Lawyer magazine announces Patrik Griego as the winner of the 2009 Clay Award in Employment Law.

California Lawyer magazine

After logging more than 600 hours, Griego secured a significant award to compensate a class of about 1,000 rural workers who had bunched and wrapped tulips for market but were misclassified as exempt from overtime pay. Other lawyers had turned down the case, citing the relatively small amount of money at stake in the claims for minimum wages—along with difficulties in representing the clients, most of whom were transient and did not speak English, and many of whom were undocumented. “Every hour of overtime represented $7 a day that they didn’t get,” says Griego. “To many people, that wouldn’t matter much. But for them, it made a big difference.”