Insights

July 23, 2012 by Jeffrey S. Sloan

SF Mayor Lee’s Business Tax Plan Gets Key Business Backing

Today, SF Mayor Ed Lee joined with his political rival to announce a grand compromise for overhauling San Francisco’s business tax that will result in a single measure going before voters in November. If approved, the ballot measure will change how the city levies its often-criticized business tax, which... READ MORE

July 16, 2012 by Jeffrey S. Sloan

If You Fire an Employee for Wrongdoing, Can You Successfully Challenge His Claim for Unemployment Benefits?

Whether a fired employee is eligible for unemployment in California depends on whether the employee’s conduct constituted “misconduct” within the meaning of Section 1256 of the California Unemployment Insurance Code. If the wrongful conduct rose to the level of “misconduct,” then the employer may be successful in challenging... READ MORE

July 10, 2012 by Jeffrey S. Sloan

Court Allows Chargebacks Against Advanced Commissions

In Deleon v. Verizon Wireless, LLC, the California Court of Appeal clarified when a commission advance may be “clawed back” by an employer. The answer depends on whether the advance payment was fully earned when advanced (which made the payment a wage which could not be clawed back)... READ MORE

June 28, 2012 by Jeffrey S. Sloan

U.S. Supreme Court Upholds Patient Protection and Affordable Care Act

The U.S. Supreme Court today upheld the Patient Protection and Affordable Care Act. By a vote of 5-4, the Court ruled that the part of the law that requires everyone to buy health insurance or pay a fine – the so-called “individual mandate” – is constitutional because it... READ MORE

June 28, 2012 by Jeffrey S. Sloan

JOBS Act Reverses Ban on General Solicitations — But SEC Not Ready to Implement

Many entrepreneurs (and their lawyers) are eagerly awaiting the new rule from the Securities and Exchange Commission (SEC) that will allow companies to engage in general solicitations, provided that securities are sold only to “accredited investors.” Originally, the SEC was directed to implement these rules by July 4,... READ MORE

June 25, 2012 by Jeffrey S. Sloan

IRS Announces Guidance on Withholding of Tips

The IRS today released Internal Revenue Bulletin 2012-26 providing guidance on how taxes are imposed on tips under the Federal Insurance Contributions Act (FICA). The bulletin is in question-and-answer format and includes an explanation of both the employer’s and employee’s obligations. The bulletin also addresses the following issues:... READ MORE

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