Brennan & David Law Group

Monday, October 8 is a court holiday, in honor of Columbus Day. This will affect deadlines for filing paperwork with the court.

Estate Planning Checklist The following checklist should help you think about what to include in your estate plan. Cataloging what to include and organizing your thoughts about your estate is often helpful. Brennan & David Law Group insists that every estate plan be customized to the person and their preferences, concerns, and assets. An estate plan most commonly includes the following documents: ... -Last will and testament -A trust is beneficial for most -Financial power of attorney -Medical power of attorney, living will, or advanced healthcare directive For a list of common and uncommon assets not to forget to include in your plan: https://www.brennandavid.com//28/estate-planning-checklist/

Why is it important to have an estate plan? Combined, a living trust, last will and testament, and advanced healthcare directive can see that your wishes are carried out. An estate plan can give you peace of mind, but it has a larger impact on your family. An estate plan protects your wealth and saves your family from strife.... https://www.brennandavid.com//why-is-it-important-to-have/

Just a reminder that Monday, September 3rd is Labor Day and a court holiday! This will affect any paperwork filing deadlines.

This coming Sunday we celebrate Women's Equality Day! On August 26th, 1920, Congress adopted Amendment XIX of the Constitution, which prohibits state and federa...l governments from denying the right to vote based on gender! On August 16th, 1973, a Congressional Joint Resolution officially designated August 26th #WomensEqualityDay. #sdlaw https://sandiegolawlibrary.org/womens-equality-day-august-/ See more

For most class actions, most people choose an attorney, share their story, then the attorney takes it from there. For most of the case, plaintiffs can go about their day and wait for updates. Almost all of the process is handled by attorneys making legal arguments and filing motions. People harmed by a company, either as a consumer or as an employee, need only to have been harmed to have a case. You are not required to know the legal process. In short:... -Your attorney will research, prepare for filing, compose legal arguments, and draw up the initial paperwork -Your attorney will file the complaint -The court will have a certification process, verifying that there are grounds for a case -Settlement negotiations can happen at any time -The lead plaintiff is chosen -If no settlement is accepted, the case will go to trial https://www.brennandavid.com//the-process-for-class-actio/

Can an employer fire an employee for testing positive for marijuana? As of January 1, 2018, California law expanded individuals’ ability to purchase marijuana in the state. Since the passage of Proposition 64 in November 2016, California has allowed the possession of small amounts of marijuana for recreational purposes. California law now permits the sale of small amounts of marijuana, making it easier for individuals across that state to obtain the drug. With the change in t...he legal landscape, many employers are curious about how the new law will impact the workplace. The general answer to this question is specifically outlined in the text of the new law. The text of Proposition 64 expressly provides that it does not restrict the rights and obligations of public and private employers to maintain a drug and alcohol free workplace. It also states that the law does not require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace. California employers may also prohibit employees’ marijuana use even when marijuana is prescribed for a medical condition. Although California employers are not permitted to discriminate against employees with medical conditions under the California Fair Employment Housing Act, employers are not required to accommodate an employee’s medicinal marijuana use irrespective of whether the employee has been prescribed marijuana for a medical condition. More info available at: https://www.brennandavid.com//can-an-employer-fire-an-emp/ Written by Nathan Reese, Esq. Published January 11, 2018

Class action lawsuits are a tool for handling predatory or negligent business practices. This includes defective or dangerous products, false advertising, privacy violations, and illegal wage and hour practices. When a group of people are harmed by the same party, usually a business or corporation, they can all pursue damages in a single, combined case. Essentially, the court is handling the cases all at once rather than multiple lawsuits all with the same evidence and argum...ents for each case. An organized claim with multiple people asserting the same damages is more likely to evoke a significant response from a large company. If you are wondering if you have a case, are considering bringing a lawsuit, or have questions regarding class actions, contact an experienced class action attorney for more information. https://www.brennandavid.com//class-action-lawsuits-what-/

Many California employers mistakenly believe that they can avoid paying employees overtime, because their employees are paid a salary instead of an hourly wage. This misunderstanding may come from the fact that employees may be exempt from overtime if they meet two criteria: -The first requirement is that the employee must be paid a salary equal to or greater than twice the state minimum wage for a forty hour workweek. ... -The second requirement is that the employee must be primarily engaged in executive, administrative, or professional duties. If an employer contends that an employee qualifies under an exemption, it is the employer’s burden to prove that the employee is exempt. Therefore, employers should think twice before asserting that an employee is exempt from overtime. If the employer is unable to establish that the employee is exempt, the employee will be entitled to compensation for any overtime worked as well as any meal and rest break premiums owed. Employees who are owed overtime compensation may pursue legal action against an employer for unpaid overtime under California Labor Code Sec. 1194. Our firm represents both employees and management in matters related to employee misclassification. Please contact us to see how we can assist you. https://www.brennandavid.com//can-a-california-employer-a/

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How can an attorney help with probate? Lots of ways! Learn more here: https://www.brennandavid.com//do-i-need-a-probate-attorney/

California probate is a complex process, in part because it has a number of goals. Probate seeks to: -Determine if there is a valid will -Appoint an executor ... -Decide guardianship for any minors -Give notice to heirs and creditors -Catalog assets in the estate and their value -Account for debts and taxes owed -Distribute remaining assets Not all assets go through probate, such as any assets in a living trust or if a financial account has an heir listed. Bank accounts, life insurance accounts, and retirement accounts often have an heir named when the account is setup. The process begins with filing a petition, which consists mostly of filling out forms. After that, there are notices that must go out and hearings will be scheduled. The best way to speed up the process is to have an executor that is organized and able to carry out their duties in a timely manner. The executor has the biggest effect on how long the probate process takes because they have a lot of duties that take time. Disagreements, searching for lost family members, getting paperwork signed and returned, and rare assets can all add delays to the probate process. An experienced attorney can assist you with streamlining some of these tasks and preempt potential problems. Read more here: https://www.brennandavid.com/2018/07/11/the-probate-process/

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