2018 Annual Employment Law Update: The Year in Review and Preview

By Hoge Fenton | 01.17.2017 | Speaking Engagements & Firm Events

  Date January 17th, 2018 January 18th, 2018 January 24th, 2018 Time 7:45 a.m. – 10:45 a.m. 7:45 a.m. – 10:45 a.m. 7:45 a.m. – 10:45 a.m. Location Hoge Fenton San Jose Office 60 S. Market St. 2nd Floor San Jose, CA 95113 Four Points Sheraton 5115 Hopyard Rd. Pleasanton, CA 94588 The SVO Office 101 West Santa Clara St. San Jose, CA 95113 The new year brings several changes to the world of California employment law that surely will impact companies and their HR practices. We will provide an engaging and informative presentation on the state of the law, new legislative and case law changes, and our valuable insights to help employers stay in compliance in 2018. Topics will include:​ State-wide Ban the Box law Sexual harassment prevention training requirements and guidance on effective investigations Ban on compensation history inquiries Expansion of California’s baby bonding eligibility Contractor liability for the unpaid wages of its subcontractors’ employees This is a great chance to review what happened in 2017 and become aware of new requirements for 2018. Start off the new year on the right foot! Who Should Attend Business owners and managers, CEOs, CFOs, COOs, in-house legal counsel, human resource professionals, trusted advisors, and others responsible for personnel matters.   Sarju A. Naran Chair – Employment Law 408.947.2456 Jennifer M. Protas Shareholder 408.947.2435 Laura Riparbelli Associate 408.947.2440 RSVP Program Time: 7:45 am – 10:30 am Location: Hoge Fenton San Jose Office 60 S. Market St 2nd Floor San Jose, CA 95113 […]

Business Litigation Associate Alexander H. Ramon Joins Hoge Fenton

By Hoge Fenton | 02.16.2018 | Firm Post

Hoge Fenton is pleased to announce that attorney Alexander H. Ramon has joined the firm as a member of our Business Litigation practice group. Alex brings several years of broad litigation experience, representing clients in all facets of litigation and trial. Alex is a member of the Honorable William A. Ingram American Inn of Court and the Santa Clara County Bar Association. He is also a Leadership San Jose alumnus and currently serves on the Executive Board of Directors for Movimiento de Arte y Cultura Latino Americana. Alex received his J.D. at Loyola Law School, and his undergraduate degree in History at Occidental College. As an undergraduate, Alex ran track and cross-country for the Tigers. As a two-time all-American and school record holder, Alex was inducted into Occidental’s Track and Field Hall of Fame. “We are excited to add Alex to our business litigation practice. His wealth of litigation experience perfectly aligns with Hoge Fenton’s rich litigation and trial history.” said Alison Buchanan, Chair of the firm’s Business Litigation practice group. “Helping our clients achieve their business goals is our first priority. Having deep bench strength helps us do that.” Please join us in welcoming Alex.

Shareholder Denise Chambliss and Attorney Jim Cummins to Speak at Tri-Valley Estate Planning Council

By Hoge Fenton | 02.13.2018 | Speaking Engagements & Firm Events

Topic Undue Influence in Will and Trust Contests Under Probate Code §86 Date March 1st, 2018 Time 6:00 p.m. – 8:00 p.m. Location Marriott Pleasanton 11950 Dublin Canyon Rd. Pleasanton, CA 94588 Presentation Summary: Undue influence attacks on a will or trust are extremely difficult to prevail. Roughly only one of twenty cases is successful in voiding a testamentary instrument due to undue influence. Of interest to trust and estate professionals are two recent potential game changers – First, the addition of Probate Code §86, which provides a statutory definition of undue influence by incorporation of the Welfare and Institutions Code statute on financial elder abuse § 15610.70, and second, the application of Family Code §721 in cases involving surviving spousal beneficiaries to shift the party with the initial burden of proof from that of the contestant (plaintiff) to that of the surviving spouse (defendant). Seasoned trial attorneys Denise Chambliss and James Cummins of Hoge Fenton will explore the trust and estate litigation issues of lack of capacity, undue influence, and financial abuse with a broader discussion about these common, but rarely successful, challenges to testamentary documents. Learning Objectives: Update on changes in the California Probate Code Update on judicial treatment of evidentiary issues in undue influence challenges Understand signs of potential undue influence when drafting testamentary instruments REGISTER NOW to Join Us March 1st at the Pleasanton Marriott from 6pm – 8pm.

Recap of 2018 Employment Law Update Seminar

By Hoge Fenton | 01.29.2018 | Firm Post

For a printable version of this article, click here. HIRE “Ban the Box” (AB 1008; Gov. Code, § 12952): This law makes it generally illegal for employers with five or more employees to ask about criminal history on job applications or consider an applicant’s criminal history until after the employer has made a conditional offer of employment to the applicant. This law is in addition to San Francisco and Los Angeles’ pre-existing “Ban the Box” ordinances. Employers must comply with both state and local laws. Salary History (AB 168; Labor Code, § 432.3) and San Francisco’s Parity in Pay Act (San Francisco Police Code § 3300J): Employers cannot ask about an applicant’s compensation history and cannot rely on compensation history when determining whether to offer employment and/or in determining what compensation to offer an applicant. (Note that pursuant to Labor Code § 432.3, when an applicant voluntarily discloses compensation history, an employer may consider or rely on that information in determining the applicant’s salary). COMPENSATE Minimum Wage Updates Statewide minimum wage as of January 1, 2018: $10.50 per hour (25 employees or fewer)/$11.00 per hour (26 employees or more) Municipal ordinance-based minimum wage as of January 1, 2018 (unless otherwise noted): Berkeley: January 1, 2018: $13.75 October 1, 2018: $15.00 Cupertino: $13.50 El Cerrito: $13.60 Emeryville: January 1, 2018: $14.00 (55 or fewer employees)/$15.20 (56 or more employees) July 1, 2018: $15.00 (55 or fewer employees)/$15.60 (estimated) (56 or more employees) Los Altos: $13.50 Los Angeles: January 1, 2018: $10.50 […]

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