Category: Estate Planning

The California City of Salinas and Agricultural Labor Laws

The California City of Salinas and Agricultural Labor Laws

Salinas Valley is a productive agricultural region which is in the Central Coast Region of California. The valley produces vegetables, flowers, wines, and other edibles. The city of Salinas got popularity due to the production of most beautiful crops and Mediterranean climate.

The cultivation process and the quality of crops are what Salinas known for. This agricultural land is home to laborers as well and to protect their rights, the state had ruled out the Agricultural Labor Relations Act in 1975.

Agricultural Labor Laws

The act was introduced to ensure rights of the labors, better working conditions, and distribution of salaries if needed. Moreover, it wouldn’t be wrong to claim that the law allowed laborers to voice shortcomings, threats from employers, and choose union leaders. However, unions have certain limitations under the act as well to protect employers from grave consequences.

Moreover, the laborers can make a call to report any violation of rules to the Agricultural Labor Relations Board (ALRB) of California. That is an agency formed by the state to ensure the safety of laborers and to take a step against violation. Also, the ALRB can step it in and conduct an immediate action if an employer found guilty.

Despite that, the act contains several significant points including the right of employees and the responsibilities of employers. It also states legal nitty-gritty to deal with an employer when he violates rules and performs a prohibited action.

Rights of Laborers

The Agricultural Labor Relations Act of 1975 provides various rights to the laborers. The act has a crucial goal to measure safe working conditions. Plus, it protects laborers from working under dangerous circumstances. Some of the significant labor rights are:

  • They can form a union
  • They can recover lost wages
  • They can elect a board
  • They can go on strike
  • They have a right to picket

In case, laborers are not allowed to create a union or their right to go on strike seized; they can report it to ALRB to get further assistance.

Prohibitions for Employers

The California Agricultural Labor Relations Act makes employers responsible for the specific activities. The set of prohibitions was introduced to eliminate abuse of power and to promote a better working environment for both employee and employer. The illegal actions include:

  • Conducting surveillance or spying on employees
  • Raising a question about the labor union
  • Threatening employees to prevent their participation in union activities
  • Impeding access to the organizers of the union
  • Restricting contact to the ALRB
  • Prohibiting involvement in union activities during lunch or other breaks

Employers can land in unpleasant circumstances if found responsible for any of these activities. Despite that, they have right to file a complaint if unions begin working against the law.

Bottom Line

Comprehending the agricultural labor law is necessary to create a strong relationship between laborers and employers. So contact Earl Jiang at 866-263-7866 and get legal assistance immediately.

Incorporating a Company in California and Potential Tax Issues

Incorporating a Company in California and Potential Tax Issues

Setting up a business in California is nothing less than a dream. Not to mention, this large and wealthy state is a house to various industries such as technology, agriculture, and entertainment. Thereby, your business may get plenty of exposure once incorporated successfully in The Golden State.

Plus, you should consult with a certified attorney regarding legal formalities. This step will ensure smooth completion of pre and post business requirements. Building a business in the state requires a series of steps, and you must learn the following before beginning.

 Business Name

Investing time in picking a company name can save you from various business problems. The title should be unique whether you operate nationally or internationally. Make sure to keep it easy to pronounce/understand. You can even search your proposed name on Bing or Google to identify potential conflicts.

Moreover, searching US Patent and Trademark Office (USPTO) for trademark will clarify if selected name is acceptable or not. Don’t forget to search for plurals, spelling variations, and sound alike to double-check it’s not registered already. You should go through California Secretary of State’s Business entity database in this context as a minor similarity amongst names leads to rejection.

Also, you need to include a correct corporate identifier to your business name like incorporated, corporation, or at least an abbreviation. You should not opt for words such trust, trustee, insurer, or bank, etc.

 Business Structure

You can choose a structure from three basic options.

1.    A Corporation

This option provides liability protection to the owner. A corporation includes officers, shareholders, and directors. The structure is complicated, however, an ideal choice for great startups that plan to elevate funding in future.

2.    A DBA or “Doing Business As”

A DBA is also called a Fictitious Business Name or FBN. That isn’t a separate structure idea that partners or individual can use as the business name.

3.    “Limited Liability Company” or an LLC

An LLC allows you to run a business without a hassle of directors, officers, and taxation. This structure provides liability protection with less complexity and tax as compared to a corporation business option.

Register your Business

Incorporating a company in California requires:

  • Form or documents ARTS-GS filing with the California Secretary of State Corporation Division
  • Conduct an organizational meeting to take note of ownership of each shareholder along with to-do tasks such as payback pre-incorporation expenses, open an official bank account, and elect S-Corporation status

Tax Issues

Taxation problems occur due to inappropriate record-keeping and underpayment of taxes. In most cases, a consumer pay sales tax but the business owner neglects to pass it to the state. The BOE can hold employees, business owners, and people associated with the company’s operation responsible in this context. You should pay personal income tax as the estimated quarterly tax isn’t optional.

You may encounter penalties and interest on the unpaid amount if you don’t pay tax on personal income – full, on time. Moreover, poor record-keeping may land you in trouble when you file tax and during the process of audit. You cannot defend your deductions if you don’t provide accurate receipts. Not every business owner has the expertise to deal with taxation. That is why you need a lawyer to get potential tax issues fixed for you.

Bottom Line

Call Earl Jiang at 866-263-7866 and seek legal help on incorporating a company in California.


Real Estate Tenants Rights

Real Estate Tenants Rights

Landlords and tenants are both involved in leasing processes whether it is for an apartment or a house. Each party is expected to follow specific rules and are responsible for their legal matters. As a result, the landlord is obliged to build a functional and safe facility as per the terms and conditions of the lease agreement. It is a legal right of a landlord to receive monthly rent by the due date. On the other hand, there are some local, federal, and state rules determined for a tenant.

These rights include not becoming a victim of discrimination, not to pay extra money than allowed by the state law regarding a security deposit, and his right to get a comfortable house. Tenants with limited incomes don’t have plenty of housing choices. That is why they are willing to compromise with certain hassles. It is worth noting that the rights of a tenant are non-negotiable.

In light of this, here is an overview of real estate tenant rights.

1.    Tenant Privacy Rights

As a tenant, you have a right to maintain a certain level of privacy. A landlord may need to visit your rental property for repairing and other purposes. In this case, they should send a notice beforehand.

2.    A Habitable Home

A comfortable home is usually a place that is free from unsafe conditions such as holes in the floor, bad wiring, and lack of running water, an infestation of rats or cockroaches, etc. These problems hinder habitability. You need legal advice here as most state laws impede landlords from incorporating language in the lease documents to keep a tenant unaware of this right.

3.    Anti-discrimination Laws

The federal Fair Housing Act prohibits a landlord from discrimination amongst the current or prospective tenants. A landlord cannot discriminate by tenant’s religion, ethnicity, race, gender, national origin, familial status, or disability.

4.    Security Deposit

Tenants are often required to pay some amount as a security deposit when signing the lease documents. This deposit will return to him on the completion of lease terms (landlord can minus any unpaid rent or money used for cleaning and repair). A tenant is expected to pay an extra deposit in case of pets and other liabilities.

Legal Advice for Tenants

Signing lease documents and getting keys to your new apartment may seem a simple procedure but you never know when this process needs a legal advisor. It often happens when you find out an infestation in your house or when a landlord demands an additional security deposit. It is suggested to get legal help as a certified lawyer can explain local laws and how they apply to a particular condition.

Dealing with a legal dispute can be the pain in the neck if as a tenant you are not aware of your constitutional rights. You should consult with an experienced attorney whether you are a defendant or plaintiff. A lawyer will review documents, interview witnesses, research the laws, plan legal strategy, and negotiate with the landlord to obtain the case result in your favor.

Bottom Line

Contact Earl Jiang at 866-263-7866, to learn about your legal rights and get advice as a tenant