Employee Archives - DAILY SAN FRANCISCO BAY NEWS

Is the handyman an worker? How AB5 might enhance HOA payrolls – Orange County Register

Daily SF News — Sat, 15 Apr 2023 13:08:16 +0000

If a plumber is called to fix a problem at an HOA, is he now an Assembly Bill 5 employee rather than a contractor? Not necessarily, but there are problems. (iStockphoto)

Traditionally, many companies hire part-time or casual workers and refer to them as “independent contractors.” The IRS and the State Franchise Tax Board had guidelines to determine who is an employee and who can fairly be called an independent contractor. There were many factors that played a role in this characterization.

HOAs often hire what they consider “independent contractors” to perform specific maintenance, repair, or other routine tasks. This avoided wage tax deductions and other legal obligations.

All that began to change in 2018 with a case called Dynamex in the California Supreme Court, which replaced the traditional test of employment versus the independent contractor with a simple three-part test, often referred to as the “ABC” test. That ruling was included in Assembly Bill 5, which Gov. Gavin Newsom signed into law after the passage of the legislature.

AB 5 creates a new Labor Code section 2750.3 and affects all hirers, including HOAs, who use “independent contractors” who may be reclassified as “employees”. This new law adopts the “ABC” test, which categorizes an employee as an independent contractor if: A) the hirer does not actually and contractually control or direct the individual in the course of their work; B) The work performed is outside the borrower’s normal business; and C) The worker also normally and independently performs that work for others.

If the hired person meets the three requirements, they can be treated as an independent contractor. As ever, the element of control over how the person does their work is key.

Some HOA service providers are specifically exempt from the law, such as lawyers, architects, engineers and accountants. The more relevant area for clubs are employed people who work on the HOA property and are paid by the HOA.

An example of an independent contractor would be the plumber called in to fix a leak. The plumber is not supervised or instructed on how to perform the repair. The plumber usually works for others as well, and HOA’s business is not plumbing.

On the other hand, a less clear answer might apply to maintenance or janitorial workers paid by the HOA. Such workers are often directed by the manager or board of directors. Since HOA’s job is to maintain the common area, isn’t general property maintenance and cleaning part of HOA’s “business”?

Conversion of employees to employee status may result in sick leave and other obligations for the HOA, including payroll withholding levies. An employee might try to challenge their termination or claim discrimination. In addition, employees are subject to fair employment and wage and hour laws. Associations should consult their insurance broker for workers’ compensation coverage.

There will be public resources to educate HOAs and managers on the difference between employee and independent contractor status. The California Department of Industrial Relations is developing a website, but it is not ready yet. The California Chamber of Commerce provides information at calchamber.com.

Managers and their boards should be aware of the simpler standard and avoid misrepresenting workers as “independent contractors” where the law does not support that status. Also remember that staff (employee) discussions are intended for closed sessions, while independent contractors are vendors and should be discussed in open sessions.

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a partner in Richardson|Ober|DeNichilo LLP, a California law firm known for advising community associations. Send questions to Kelly@rodllp.com.

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South San Francisco worker allegedly embezzles near $2 million | Native Information

Daily SF News — Wed, 22 Feb 2023 06:39:53 +0000

An employee of a South San Francisco wholesaler is said to have embezzled $1.9 million over a four-month period, the San Mateo County Attorney’s Office said Monday.

Kyle Loveness, a longtime associate with JC Cheyne & Co. who is in charge of finance, is accused of wiring the money into a private account in Mexico from June to October, the prosecutors’ office said.

Loveness, 61, of Foster City, began sending small amounts that grew in size, peaking at $529,000, the prosecutor’s office said. The 13 transactions went unnoticed until Loveness went on vacation and another employee noticed the irregularities and that the money wasn’t enough to cover expenses.

According to prosecutors, Loveness claimed the money was for a timeshare in Mexico. The money was not found, according to prosecutors. Loveness remains in custody and his next court date is November 10.

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South San Francisco worker allegedly embezzles near $2 million | Native Information

Tue, 20 Dec 2022 19:15:20 +0000

A South San Francisco produce wholesaler employee allegedly embezzled $1.9 million over four months, the San Mateo County District Attorney’s Office said Monday.

Kyle Loveness, a longtime employee of JC Cheyne & Co. in charge of finances, is accused of sending the money to a private account in Mexico through wire transfers from June to October, the DA’s Office said.

Loveness, 61, of Foster City, started sending small amounts that grew larger and reached $529,000 at its height, the DA’s Office said. The 13 transactions went unnoticed until Loveness went on vacation, and another employee noticed the irregularities and that there wasn’t enough money to cover expenses.

According to prosecutors, Loveness claimed the money was for a timeshare in Mexico. The money has not been found, according to prosecutors. Loveness remains in custody, and his next court date is Nov. 10.

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Manatt Welcomes Again Notable Tax and Worker Advantages Legal professional in San Francisco

Sat, 14 May 2022 08:53:43 +0000

SAN FRANCISCO–(BUSINESS WIRE)–Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today that John J. Heber has rejoined the Firm in San Francisco as a partner in its Tax, Employee Benefits and Executive Compensation practice. Previously at Manatt for over a decade, Heber regularly counsels both emerging and established companies on a wide range of complex tax, executive compensation and employee benefits-related matters in the context of business transactions and throughout their business life cycle.

“As today’s business, legal and policy landscapes continue to evolve, our clients are increasingly seeking guidance on how to navigate these regulatory environments, which is a key strength of our cross-industry and integrated legal and consulting model,” said Donna L. Wilson , Manatt’s CEO and Managing Partner. “The tax implications of these changes impact virtually every aspect of business activity, so we’re thrilled to welcome back John, who will deepen our ability to support all of our clients’ needs across our core industries.”

Heber represents public and private companies in a wide variety of tax, strategic and regulatory issues—including the tax structuring of business transactions, diligence and related corporate governance issues, executive compensation, and employee benefits matters. He regularly advises—at the board, board committee and executive officer levels—on business exit strategies, executive contract negotiations and related SEC reporting. He also has extensive experience with the Employee Retirement Income Securities Act (ERISA) as well as with federal and state securities laws with respect to executive compensation reporting.

“John is an excellent lawyer and adviser with a critical skill set that will deepen our tax, employee benefits and executive compensation offerings,” said Sharon B. Bauman, leader of Manatt’s Cross-Industry group, which includes professionals in the Firm’s Tax, Employee Benefits and executive compensation practice. “I enjoyed working with John while he was previously at Manatt, and I know that his return will be a boon to our clients because of his focus on collaboration and unparalleled client service.”

“John has spent decades as a trusted tax adviser for businesses ranging from startups to Fortune 50 companies across the industries in which Manatt is focused, including technology, financial services, health care and real estate,” said Jeffrey A. Mannisto, leader of the Firm’s Tax, Employee Benefits and Executive Compensation practice. “His experience throughout California as well as on a national and global scale has given him a rare understanding of the sophisticated tax laws and regulations that companies in all industries need to consider in order to minimize compliance risks.”

Heber also has significant experience in the design and implementation of cash-based and equity compensation plans for public and private companies and companies structured as C corporations, S corporations, partnerships, LLCs and joint ventures. His background in the design and administration of a wide array of employee benefit plans includes tax-qualified retirement plans and health and welfare plans. In addition to the design, implementation and administration of domestic and international compensation and benefits programs, Heber regularly advises on trends in compensation practices and tax-efficient pay strategies.

“I am excited to rejoin Manatt and collaborate once again with the Firm’s impressive bench of legal and consulting professionals as we serve as true partners to our clients and help them address the full scope of their legal and business needs,” said Heber. “The Firm’s work representing businesses, partnerships and individuals operating across the industries driving innovation in today’s new economy makes now the perfect time for me to return and continue growing my practice.”

Heber is the most recent addition to Manatt, closely following the arrival of Antitrust Partner David Reichenberg. Other recent hires include Manatt Health Senior Advisors Tara R. Straw and Zoe Barnard, Entertainment Litigation Partner Nathaniel L. Bach, experienced FDA regulatory leader Rachel L. Sher, Manatt Health National Advisor Dr. Christina Jenkins and Senior Advisor Claudia Page, distinguished entertainment lawyer Christopher Chatham, Technology and Intellectual Property Litigation Partner Timothy Lohse, Digital and Technology Transactions Partner Michel C. Narganes, full-time Pro Bono Attorney Alexandra S. McCown, Manatt Health Senior Advisor Amy Salerno , health care and civil litigation partner Megan Thibert-Ind, notable Antitrust partner Stephen D. Libowsky and former New York State Department of Health Director Tracy F. Raleigh.

Heber is an adjunct professor at Loyola Law School of Los Angeles and Golden Gate University in San Francisco. He received his JD from Chicago-Kent College of Law at Illinois Institute of Technology and his LL.M. in tax law and taxation from the Golden Gate University School of Law.

About Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP, is a leading professional services firm, providing integrated legal and consulting services to a global client base. With offices strategically located in California (Los Angeles, Orange County, Silicon Valley, San Francisco and Sacramento), New York (New York City and Albany), Chicago, Washington, DC, and Boston, the Firm represents sophisticated clients — including Fortune 500 , middle-market and emerging companies — across a range of industry sectors such as health care; financial services; entertainment; digital and technology; and energy, environmental and real estate. For more information, visit www.manatt.com.

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Manatt Welcomes Again Notable Tax and Worker Advantages Legal professional in San Francisco | Nationwide Enterprise

Mon, 18 Apr 2022 20:12:39 +0000

SAN FRANCISCO–(BUSINESS WIRE)–Apr 18, 2022–

Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today that John J. Heber has rejoined the Firm in San Francisco as a partner in its Tax, Employee Benefits and Executive Compensation practice. Previously at Manatt for over a decade, Heber regularly counsels both emerging and established companies on a wide range of complex tax, executive compensation and employee benefits-related matters in the context of business transactions and throughout their business life cycle.

About Manatt, Phelps & Phillips, LLP

View source version on businesswire.com:https://www.businesswire.com/news/home/20220418005175/en/

CONTACT: Samuel Eisele 212.704.1998

Manatt, Phelps & Phillips, LLP

KEYWORD: UNITED STATES NORTH AMERICA CALIFORNIA

INDUSTRY KEYWORD: CONSULTING ACCOUNTING PROFESSIONAL SERVICES FINANCE

SOURCE: Manatt, Phelps & Phillips, LLP

PUB: 04/18/2022 09:00 AM / DISC: 04/18/2022 09:02 AM

http://www.businesswire.com/news/home/20220418005175/en

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VTA Worker Who Witnessed Mass Capturing Dies By Obvious Suicide – CBS San Francisco

Wed, 18 Aug 2021 21:50:00 +0000

SAN JOSE (BCN) – A member of the Santa Clara Valley Transportation Authority who witnessed the San Jose mass shootings at a city train station in May allegedly died in suicide, authorities confirmed Tuesday.

Henry Gonzales, who worked as a painter and coachbuilder at the VTA’s Guadalupe Light Rail Yard for 10 years, was found dead in his home at 7:00 a.m. on Monday.

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There is no suspected foul play and his death is being investigated as a suicide by the San Jose police.

“It is heartbreaking to acknowledge that Henry Gonzales tragically committed suicide when he was traumatized by the shooting on April 26th.

Gonzales’s death was “a deep shock to all of us at VTA,” the statement said.

The sad news came the same day the Santa Clara County Sheriff’s deputies arrested a VTA employee in San Jose after witnesses said the man threatened the transit agency with gun violence for the second time in two weeks.

The father of four was also a board member of Amalgamated Transit Union Local 265.

ATU President John Costa said Gonzales’s death was a devastating reminder that mental health must be a priority in all workplaces, particularly at VTA after nine employees were tragically killed.

The VTA said it reached out to its co-workers and families on a daily basis for multiple counseling and trauma resources and reminders to seek help or to rely on other colleagues and friends in times of need.

“Those who feel they cannot return are offered options that do not include a return to the location of the shooting,” the VTA said. “The returners receive an additional mandatory trauma recovery consultation.”

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However, Costa said VTA’s response to the shooting was “shameful” and VTA had “taken no action to combat the grief, mental health and safety of its employees who were under unfathomable, extreme stress after that massive shooting.” stood. ”

He said staff should have access to the full range of mental health services, including inpatient care.

“We vow to continue to do what the VTA failed to do in memory of Brother Gonzales and our nine brothers killed that day,” said Costa.

The VTA denied the allegations, saying the health and well-being of the agency’s staff was a priority and “any allegation that it is less is completely unfounded”.

“We ask our union partners to respect what we have achieved together, difficult as each step has been, and that we continue to focus on healing rather than looking for opportunities to blame,” VTA officials said.

The Santa Clara County coroner has not yet made the cause of death public.

Those in need of assistance are encouraged to call the National Suicide Prevention Hotline at (800) 273-8255.

ATU also provides advice and support services to VTA employees and their families at the ATU Local 265 Union Hall at 1590 La Pradera Drive in Campbell from 8 a.m. to 6 p.m. daily through Friday. Employees and family members seeking help do not need to be an ATU member to receive services.

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Gascón Seeks Worker Standing For Dwelling Companies Gig Staff

Thu, 20 May 2021 23:03:22 +0000

Share this article:Los Angeles District Attorney George Gascon. Campaign photo

Los Angeles District Attorney George Gascón announced Monday that he had filed a motion with San Francisco District Attorney Chesa Boudin to prevent Handy, an on-demand household services company, from using its workers as a classify independent contractors.

Gascón and Boudin filed the motion in the San Francisco Supreme Court on Friday in a civil lawsuit filed in March alleging unfair business practices by Handy Technologies, Inc.

Prosecutors say Californians who work on cell phones must be treated as employees rather than independent contractors under state law.

“This illegal and shameful practice must come to an end,” said Gascón. “Employees deserve protection in terms of occupational health and safety, especially in these precarious pandemic times. In addition, competing companies who abide by the law deserve a level playing field. “

Gascón said workers treated as independent contractors are not entitled to a minimum wage, access to paid sick leave, family leave, business reimbursement, disability and unemployment insurance.

Under AB 5, which passed in 2019, it is more difficult for companies to treat California residents as independent contractors. However, the primary targets of that legislation were Uber and Lyft, and last November California voters passed Proposition 22, exempting hailer shipping companies from reclassifying their drivers as employees.

Uber and Lyft, which reportedly spent $ 205 million in support of Prop 22, argued that drivers prefer the flexibility to work independently and that hiring drivers as employees would mean laying off hundreds of thousands of drivers around the world Maintain a viable, inexpensive transportation service.

Handy is a New York-based company that sells housekeeping services, including pre-arranged housekeeping and manual labor. According to Gascón, the company employs around 17,500 people in California.

The civil lawsuit seeks a nationwide reimbursement for cell phone workers to permanently halt the ongoing illegal misclassification and civil sanctions.

Gascón is aiming for employee status for home services gig workers was last changed: May 17, 2021 by Contributing Editor

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Gascon Seeks Worker Standing For Dwelling Providers Gig Staff

Mon, 17 May 2021 23:44:35 +0000

LOS ANGELES (CNS) – Los Angeles District Attorney George Gascon announced today that he has joined with San Francisco District Attorney Chesa Boudin to admit Handy, an on-demand household services company, to it prevent its employees from being classified as independent contractors.

Gascon and Boudin filed the motion in the San Francisco Supreme Court on Friday in a civil lawsuit filed in March alleging unfair business practices by Handy Technologies, Inc.

Prosecutors say Californians who work on cell phones must be treated as employees rather than independent contractors under state law.

“This illegal and shameful practice must come to an end,” said Gascon. “Employees deserve protection in terms of occupational health and safety, especially in these precarious pandemic times. In addition, competing companies who abide by the law deserve a level playing field. ”

According to Gascon, workers treated as independent contractors are not eligible for minimum wage, access to paid sick leave, family leave, business reimbursement, disability and unemployment insurance.

Handy is a New York-based company that sells housekeeping services, including pre-arranged housekeeping and manual labor. According to Gascon, the company employs around 17,500 people in California.

The civil lawsuit seeks a nationwide reimbursement for cell phone workers to permanently halt the ongoing illegal misclassification and civil sanctions.

Photo: Getty Images

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