If you are a physician in Humboldt County with an active California Medical license and a federal DEA registration certificate for Schedule II, III, and IV controlled substances you must be registered with the Controlled Substance Utilization Review and Evaluation System database. According to the Medical Board of California, it will investigate instances of physicians failing to register. It is … Read More
EEOC – Retaliation Complaints Enforcement Guidelines
If you’re an employer in Humboldt County, you’re familiar with your obligations with respect to harassment and discrimination. But, according to the federal governmental agency that oversees such claims, the Equal Employment Opportunity Commission (EEOC), the number one complaint against employers today is retaliation. Retaliation complaints make up almost half of all complaints received by the EEOC. In response to … Read More
Avoid the Affordable Care Act’s (Rising) Tax Penalty – Be Insured!
A key – and controversial – provision of the 2010 Affordable Care Act is the “individual mandate,” which requires that unless you qualify within one of a few, limited exemptions(link is external), you must obtain qualifying health insurance coverage or face paying a fee. In 2016, that fee is the higher of either a) 2.5% of household income or the total … Read More
Court Hands Major Victory to the Medical Marijuana Industry
In a major victory for those distributing and cultivating medical marijuana, the Ninth Circuit Court of Appeals, in United States v McIntosh, et. al. (August 16, 2016) has held that, at least for the time being, those who comply with the medical marijuana laws of their state cannot be prosecuted by the Department of Justice for federal crimes. In the McIntosh case, five co-defendants allegedly … Read More
Humboldt Cannabis Permit Deadline Approaching
Janssen Malloy LLP would like to remind everyone that the deadline to submit a Commercial Cannabis Activity Registration form for existing cultivation sites is August 23, 2016. Janssen Malloy LLP is assisting persons with correctly filling out these forms and the Humboldt County Planning Department is also holding a workshop this Sunday to assist people in filling out the forms. The Humboldt … Read More
The Times are A Changing
Centers for Medicaid and Medicare Services have reminded all states of its commitment to the privacy of nursing home residents. In the wake of recent publicity about nursing home employees posting degrading pictures of residents on social media, the federal entity has added a requirement that nursing homes have and enforce social media policies. In a letter sent this week … Read More
Social Security Benefits vs. Retirement Benefits
If you are divorcing in Humboldt County and have a retirement plan, please remember that federal law bars a “set-off” from your spouse’s interest in Social Security benefits from your spouse’s community property interest in your retirement plan. Pension/retirement benefits are community property under California Law. However, Social Security is deemed separate property under federal law. Since federal law preempts state … Read More
Prescription Against A Public Entity: You Just Can’t Do It.
Janssen Malloy LLP represents clients involved in real property disputes. These disputes generally involve private landholders who are claiming rights in each other’s respective properties. But what happens when the litigant who a prescriptive easement is claimed against is a public entity? The short answer is it is impossible to claim a prescriptive easement over the lands of a public … Read More
Marijuana Tax on Local Ballots This November
Earlier this week, the Humboldt County Board of Supervisors voted 4-1 in favor of placing a proposed marijuana tax measure on local ballots this November. The measure, if approved, would add ordinances to the Humboldt County Code effectuating a tax on commercial marijuana cultivation operations. The proposed tax due for each cultivation operation depends on the size of the grow … Read More
Loss of Household Services: An Overlooked Element of Damages
When we ask our clients questions about the “loss of household services,” they usually don’t realize that they should be compensated for this element of damages. In a personal injury action, common items of damage include economic damages, such as medical expenses (past and future), lost wages, and lost earning capacity, and non-economic damages, such as pain and suffering,etc. But … Read More