A new federal overtime rule from the Department of Labor was set to take effect on December 1, 2016. The rule doubles the current federal salary that must be made by an employee before the employee can be classified as exempt from overtime—known as the executive, administrative and professional exemptions. The new rule requires a minimum salary of $913 per … Read More
California Passes Proposition 64
Last Tuesday, California passed Proposition 64 with fifty-six percent (56%) voting in favor of legalizing the recreational use of marijuana in California. Proposition 64 allows adults aged 21 years or older to possess and use marijuana for recreational purposes. The measure created two new taxes, one levied on cultivation and the other on retail sales. The cultivation tax is $9.25 … Read More
Notice: Post Your Notice!
If you’re a physician in California, you must post a Notice of Non-Discrimination for patients who receive “federal financial assistance.” Section 1557 of the Affordable Care Act provides that physicians’ offices are required to post notices of non-discrimination and taglines that alert patients with limited English proficiency about the availability of language assistance services. The better practice, of course, is … Read More
Humboldt County Nursing Home Closures
As you may know, three of the five Humboldt skilled nursing facilities (“SNFs”) owned by Brius and managed by Rockport have been given authority by the California Department of Public Health (“CDPH”) to close their doors and transfer residents. Janssen Malloy LLP requested copies of the transfer documentation filed with the CDPH on behalf of the SNFs. If you or … Read More
Trial Preference for Those Over 70
The California Code of Civil Procedure (CCP) provides for expedited trial setting for those over 70 if the court finds that 1) the party has a substantial interest in the action as a whole, and 2) the health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation (CCP Section 36 (a)). … Read More
Prop 64, the Adult Use of Marijuana Act, and (More) Criminal Justice Reform
In November 2014 California voters enacted a seismic shift in criminal penalties for nonviolent property and drug crimes, Proposition 47. In a few weeks (or already, if one casts her or his ballot by mail), California voters will again decide whether to change the state’s approach to drug policy in a way that realistically pales in comparison to Prop 47 … Read More
Farmworkers Now Entitled to Additional Overtime Pay
On September 12, California Governor Jerry Brown signed legislation granting farmworkers the right to overtime pay on par with other California workers. Assembly Bill 1066 provides for incremental overtime pay hour increases for farmworkers over a 4-year period beginning in 2019. Currently, farmworkers are paid overtime rates if they work more than 10 hours per day or 60 hours per … Read More
End of Life Option Act
Please note that the End of Life Option Act was recently passed by the California legislature took effect on June 9, 2016. Until January 1, 2026, this act authorizes an adult who meets certain qualifications and who has been determined by his or her attending physician to be suffering from a terminal disease as defined in the act, to request … Read More
City of Eureka Passes Medical Marijuana Land Use Ordinance
On September 20th, the Eureka City Council voted 3-2 to allow medical marijuana businesses to operate within the city limits. The California Coastal Commission must still approve the planned changes to the municipal code and the local coastal plan, with implementation expected by the middle of next year assuming it is approved. The provisions will allow a variety of new business … Read More
Volunteer Fire Fighters
The lawyers at Janssen Malloy LLP do much more than represent our clients and practice law. Our attorneys serve out in our community in a variety of ways. Janssen Malloy LLP partner Michael Crowley serves as a Captain and firefighter with the Kneeland Volunteer Fire Department. The Kneeland Fire Department had a “Meet and Greet” your firefighters recruiting event on September 17, … Read More