Introducing Our New Associate Attorney |
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We are pleased to introduce our new associate attorney, Alyssa S. Yoshida. Ms. Yoshida is a member of the firm’s transactional team. Her developing practice includes estate planning, trust administration, and probate.
Ms. Yoshida earned her B.A. in Narrative Studies at the University of Southern California along with minors in Psychology & Law; Nonprofits, Philanthropy, & Volunteerism; and Photography & Social Change. She then graduated from the University of California, Hastings College of the Law, where she received the Community Public Interest Award, as well as the Leo Martinez ’78 Scholarship, which is awarded to a student whose community involvement demonstrates dedication to service.
During law school, Ms. Yoshida worked in the school’s Medical-Legal Partnership for Seniors Clinic, where she provided legal services to elderly UCSF patients. She also served as a Senior Production Editor on the Hastings Law Journal. Prior to joining the firm, Ms. Yoshida worked as an associate attorney at Laurie Shigekuni & Associates in San Francisco, where she focused on various estate planning issues.
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Labor & Employment Updates
CA Issues New COVID Rules for Employers and Employees
On June 17, 2021 Cal/OSHA passed new changes to the COVID-19 Prevention Emergency Temporary Standard (“ETS”). On the same day, Governor Newsom issued executive order N-09-21 that made the new rules effective immediately. The goal of the new changes was to limit the unnecessary burden on employers and employees and hasten the states recovery. Employers and employees both should take note of the new rules as it likely affects them.
The new changes include:
- Fully vaccinated employees do not need to wear masks indoors except for certain rare situations. Employers need to document vaccination status of employees if employees are not wearing masks indoors.
- Masks are not required at any time outdoors regardless of vaccination status unless an outbreak occurs.
- No more social distancing requirements of any kind.
- Employers must make available to their non-vaccinated employees at no cost both 1) covid testing and 2) a respirator upon request.
- Employers can document employees vaccination status by either having the employees furnish proof of vaccination or self-attesting to vaccination status with no proof.
- Employers must evaluate their ventilation systems to ensure adequate outside airflow.
If an employer’s workers are vaccinated and the employers have a record of vaccination status then there are no limitations of any kind. However, if there are non-vaccinated employees, an employer must ensure 1) the non-vaccinated employee wears a mask indoors, 2) COVID testing is made available; 3) a respirator is made available at no charge.
Federal Government Issues COVID-19 Guidance Regarding Disability
The Equal Employment Opportunity Commission (“EEOC) recently issued new guidance regarding COVID-19 and disability. The EEOC noted:
- Employers can require employees physically entering the workplace to be vaccinated for COVID-19.
- If an employee refuses to get vaccinated due to either 1) a sincerely held religious belief or 2) a disability covered by the American Disabilities Act (“ADA”) employers must offer a reasonable accommodations that does not cause the business undue hardship. An accommodation may include periodic testing, social distancing, modified scheduling, masks, etc.
- Employers must keep employee vaccination records confidential and must be stored separately from the employees personnel files.
The EEOC also posted guidance for job applicants and employees summarizing their COVID-19 rights including workplace harassment and reasonable accommodations.
The interactive process for accommodation can be a minefield for Human Resources and front-line staff that have been overwhelmed with changes in COVID-19 laws over the past year. Working with competent counsel can be a critical difference in protecting the Company from an audit or lawsuit down the road. We will continue to monitor new developments as they occur. As a reminder, the EEOC enforces federal laws against workplace discrimination. To ensure compliance with both federal and California state labor and employment laws, contact a member of our employment law team: Amanda L. Riddle, Steven M. Berki, Sumble Manzoor, Max Neiman and Daniel G. Pohoretsky.
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Why a Trust? "Why No a Will?”
Many of you may know of and relish the immortal movies of the Marx Brothers. “Why a duck? Why no a chicken?” is a line infamously uttered by Chico to Groucho, as Groucho futilely attempts to explain the purpose of a viaduct to Chico (The Cocoanuts, 1929). Hopefully, this short review of “why a trust” and “why NO a will” can assist those of you without an estate plan or “just” a will to reconsider and embrace the versatility and cost savings of a trust.
A will is a testamentary instrument that indicates how your property will be distributed at the time of your death. It must be probated through a statutorily mandated court process, which also becomes public record. This process includes statutory probate fees, which are based on the gross value of a decedent’s estate. The following chart sets forth these fees in the state of California:
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A trust or “living trust”, on the other hand, provides uses and has effect while you are living, as its name indicates. If you are serving as trustee of your own trust, the trust instrument will provide for a successor of your choosing upon your death or incapacity. Court intervention is rarely required; the costs of an uncontested trust administration are extremely low compared to the statutory probate fees discussed above, ranging from $3,000-$10,000 depending on the complexities of transferring assets. Thus, even if you have a more “modest” estate primarily consisting of a home valued between $1-1.5 million, you are already looking at a potential savings of tens of thousands of dollars.
While a trust may allow you to realize other objectives that a will cannot, what is right for one person may not be right for the next. At the end of the day, your estate plan should be prepared in a way that best meets the needs of you and your family. With a reputation dating back to 1966, our estate planning team brings a depth of experience and would be happy to assist you in this process, please do not hesitate to contact a member of our estate planning team, who would be happy to help you out: Stevan N. Luzaich, Edward A. Daniels, Andrea A. Nguyen, Dallas E. Dean, or Alyssa S. Yoshida.
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Community Partner Spotlight
We actively support many non-profit organizations in the Bay Area. This edition, we want to draw readers’ attention to The Legal Aid Society of San Mateo County. Founded in 1959, by a dedicated group of lawyers and community leaders who recognized an unmet need to help the less fortunate in San Mateo County. Thanks to these founders, in a small one-room office, the Legal Aid Society was born. Since then, the Legal Aid Society has grown to become one of California’s most respected public interest law firms. A vital voice for San Mateo County’s undeserved populations, the organization has received awards for excellence in the delivery of legal services.
Legal Aid continues to provide free, quality civil legal services to San Mateo County’s low-income residents. Their advocacy has evolved with the times. Today the Legal Aid Society of San Mateo County serves as legal advocates and representatives for disadvantaged people. They work closely with community organizations and county agencies to find solutions to their clients’ legal problems.
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Employment Law Litigation
When issues arise, our attorneys focus on early intervention to resolve problems within the business before the issue escalates ...
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Business & Commercial Transactions
Since 1964, our firm has provided tailored advice to business clients of all sizes. From sole proprietorships to Fortune 500 companies ...
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Probate & Trust Litigation
Along with the provision of estate planning legal services, we have extensive experience litigating matters resulting from estate disputes involving ...
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Millbrae Office
700 El Camino Real
Millbrae, CA 94030
Phone: (650) 871-5666
Email: info@coreylaw.com
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Half Moon Bay Office
625 Miramontes Street, Suite 106
Half Moon Bay, CA 94019
Phone: (650) 726-7578
Email: info@coreylaw.com
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