Tag: law

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.


An Alameda Immigration Lawyer to Help You with Complex Californian Immigration Laws

An Alameda Immigration Lawyer to Help You with Complex Californian Immigration Laws

The clash between California and the federal government over immigration laws is not hidden from the public anymore. As California continues to disharmonize with the federal government on undocumented immigrants, understanding the law becomes more difficult for employers, law enforcement departments, educational institutes, etc. It won’t be wrong to say that even the immigrants face some tough situation as they attempt to wrap their heads around the law when interacting and transacting with various local institutions as customers, students, and citizens.

Here is a basic snapshot of what Californian immigration laws look like and how having an Alameda immigration lawyer on your side can help you out of an unfriendly situation.

Employers and Immigrant Workers

Employers are faced with the biggest dilemma they ever have while employing undocumented immigrants and complying with federal law when it comes to immigration agents visiting their business for investigation. State law will penalize employers that let immigration agents interrogate their workers or go into their records without a legal warrant. If they allow investigations without warrants, employers can face penalties ranging from $2,000 to $10,000. On the other hand, ICE (US Immigration and Customs Enforcement) plans to increase the pace of its investigations to capture illegal immigrants in California since the state has become a Sanctuary State.

The Sanctuary State Law

That’s where the state and the federal governments have come head to head. California has become a sanctuary after the enactment of California Value Act that protects investigations and detaining of undocumented immigrants by federal agencies. With this law, federal agents cannot keep an individual detained until they have a federal warrant or proof of that individual’s felony. The law also prevents the state law enforcement officers from handing over undocumented immigrants to federal agencies unless that individual is a sex offender or has committed a crime in the last 15 years.

The crimes for which an individual can be given into federal custody have to be one of those that appear on California’s Trust Act.

Law Pertaining to E-Verify

E-verify, an internet-based system for validating an individual’s eligibility to work as a legal employee is commonly used in many other states whereas California has restrictions on its use. Californian counties and municipalities are not to make private employers follow ordinances pertaining to e-verify. Private employers, however, have the liberty to use or not use the system while hiring employees.

Educational Benefits

California’s DREAM act goes against the laws that many other states follow. Those states have higher rates of tuition for undocumented immigrants and lower tuition rates for their legal residents. The DREAM act allows undocumented immigrants to pay the same tuition fees that any legally residing students of the state pay. These same undocumented immigrant students can take advantage of various grants and aids available from the institutions too.

The Immigration law in California can be extremely confusing, especially when the state and the government are up in arms about each other’s take on undocumented immigrants. If you are an individual, educational institute, employer, etc. from California and the immigration law is confusing you, get in touch with Earl Jiang at 866-263-7866 for immediate assistance.