Business, Legal and Law, Petrova Law PLLC, tax resolution law firm, Taxes and Accounting

Tax attorney to millionaires, Allie Petrova, warns about new IRS tactics against taxpayers

GREENSBORO, N.C. -- It is official now: The Internal Revenue Service is going after high-income taxpayers who need to be filing returns, reporting income, and coming to terms with overdue taxes, penalties, and interest, cautions renowned tax attorney and national speaker Allie Petrova, founder of Petrova Law PLLC, a premier tax resolution law firm.

In its effort to improve tax compliance in the high-income categories, the IRS has started mailing out compliance letters to more than 25,000 individuals and families with more than $1 million in income earned during tax years 2017 through 2021. IRS compliance letters have also gone out to over 100,000 high-income earners with incomes between $400,000 and $1 million for the same period.

"Clients typically feel overwhelmed in these situations. It is important to not delay and to consult with a specialized tax attorney right away because deadlines are tight. The last thing you want is to miss an IRS deadline," cautions attorney Petrova, who guides taxpayers with high-stakes tax debt in the six and seven digits. Attorney Petrova works with clients from all over the country.

Curiously enough, this is all low-hanging fruit for the IRS because these cases were flagged based on Forms W-2 and 1099 received by the IRS from third parties. The IRS was unable to match this income data with corresponding returns, which indicated that these high-income earners received income, but did not file tax returns.

What does that mean to you? Make sure you open your incoming mail, particularly from the IRS and the state tax authorities. Muster some courage and open it right away, do not let it linger on your desk or the kitchen counter.

In some cases, the IRS can file on behalf of taxpayers what is called a substitute for return based on income reported on Forms W-2 and 1099s. That leads to exorbitantly high taxable income because the IRS does not take into account all applicable deductions. Then, the taxpayer has the daunting task to prove that this taxable income should be lower.

If a taxpayer hasn't filed tax returns for any of the immediately preceding couple of years, the first action to take would be having these returns prepared and filed after a consultation with a tax attorney.

"When a client came to my office recently, we discovered that her family - she and her husband - owed the IRS a balance of over $600,000. While she expected some balance due to non-routine transactions, the magnitude was a bit of a surprise. IRS balances can snowball with the added interest and penalties," shares tax attorney Allie Petrova.

The IRS has been strengthening its enforcement efforts for a while now. Thanks to Inflation Reduction Act funds, it finally has the budget and funding to be impactful.

Many of Ms. Petrova's clients are high net worth individuals who value privacy, peace of mind, and reliable solutions. "We look at tax issues from every angle and do everything possible to discover the best solution for each client and minimize the tax impact," remarks attorney Petrova.

For more information about tax attorney Allie Petrova, visit: https://www.petrovalaw.com/who-we-are/galina-allie-petrova/

About Petrova Law PLLC:

Petrova Law is a national tax law firm which exclusively represents high-income taxpayers and businesses with high-stakes, high-value tax debt before the IRS and state tax authorities.

For more information about Patrova Law, visit: http://petrovalaw.com/.

Related link: https://www.petrovalaw.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, Legal and Law, Petrova Law PLLC, tax resolution law firm, Taxes and Accounting

Tax attorney to millionaires, Allie Petrova, warns about new IRS tactics against taxpayers

GREENSBORO, N.C. -- It is official now: The Internal Revenue Service is going after high-income taxpayers who need to be filing returns, reporting income, and coming to terms with overdue taxes, penalties, and interest, cautions renowned tax attorney and national speaker Allie Petrova, founder of Petrova Law PLLC, a premier tax resolution law firm.

In its effort to improve tax compliance in the high-income categories, the IRS has started mailing out compliance letters to more than 25,000 individuals and families with more than $1 million in income earned during tax years 2017 through 2021. IRS compliance letters have also gone out to over 100,000 high-income earners with incomes between $400,000 and $1 million for the same period.

"Clients typically feel overwhelmed in these situations. It is important to not delay and to consult with a specialized tax attorney right away because deadlines are tight. The last thing you want is to miss an IRS deadline," cautions attorney Petrova, who guides taxpayers with high-stakes tax debt in the six and seven digits. Attorney Petrova works with clients from all over the country.

Curiously enough, this is all low-hanging fruit for the IRS because these cases were flagged based on Forms W-2 and 1099 received by the IRS from third parties. The IRS was unable to match this income data with corresponding returns, which indicated that these high-income earners received income, but did not file tax returns.

What does that mean to you? Make sure you open your incoming mail, particularly from the IRS and the state tax authorities. Muster some courage and open it right away, do not let it linger on your desk or the kitchen counter.

In some cases, the IRS can file on behalf of taxpayers what is called a substitute for return based on income reported on Forms W-2 and 1099s. That leads to exorbitantly high taxable income because the IRS does not take into account all applicable deductions. Then, the taxpayer has the daunting task to prove that this taxable income should be lower.

If a taxpayer hasn't filed tax returns for any of the immediately preceding couple of years, the first action to take would be having these returns prepared and filed after a consultation with a tax attorney.

"When a client came to my office recently, we discovered that her family - she and her husband - owed the IRS a balance of over $600,000. While she expected some balance due to non-routine transactions, the magnitude was a bit of a surprise. IRS balances can snowball with the added interest and penalties," shares tax attorney Allie Petrova.

The IRS has been strengthening its enforcement efforts for a while now. Thanks to Inflation Reduction Act funds, it finally has the budget and funding to be impactful.

Many of Ms. Petrova's clients are high net worth individuals who value privacy, peace of mind, and reliable solutions. "We look at tax issues from every angle and do everything possible to discover the best solution for each client and minimize the tax impact," remarks attorney Petrova.

For more information about tax attorney Allie Petrova, visit: https://www.petrovalaw.com/who-we-are/galina-allie-petrova/

About Petrova Law PLLC:

Petrova Law is a national tax law firm which exclusively represents high-income taxpayers and businesses with high-stakes, high-value tax debt before the IRS and state tax authorities.

For more information about Patrova Law, visit: http://petrovalaw.com/.

Related link: https://www.petrovalaw.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, Legal and Law

Secured Signing Unveils Cutting-Edge Features and Enhancements in Latest Announcement

MOUNTAIN VIEW, Calif. -- Secure Signing, a leading provider of digital signature solutions, today announced the release of its latest version, featuring a range of innovative features and enhancements designed to make the signing process smoother and more efficient than ever. These updates benefit users of the We Sign, Form Filler templates, and Remote Online Notarization (RON) platforms.

New Features:

* Enhanced Admin Visibility: The new Admin User Audit Trail report provides detailed insights of Enterprise accounts / plan into admin activities, including: logins, setting changes, and user management, ensuring greater transparency, control and monitoring.

* Edit Signing Process: Users can now Edit The Signing Workflow even after sending documents for signature, correcting mistakes without starting the signing process again . This feature creates flexibility and reduces rework.

* Invitee-focused Portal: The new Invitee Monitoring Portal offers a centralized location for invitees to access and manage all documents requiring their signatures, boosting completion rates and improving their experience.

Key Enhancements:

* Admin Template Management: Admin users with full permissions can now view and Edit Any User's Templates, facilitating collaboration and template optimization within organizations.

* Meeting Scheduling Clarity: The new Meeting Date column in "In Progress" documents displays scheduled RON or video signing sessions, enhancing the meeting management.

* Canadian RON Support: Secure Signing now officially supports Canadian Notaries in its RON platform, expanding its reach and providing Canadian users with a secure and convenient digital signing solution.

"These latest enhancements demonstrate our commitment to delivering a best-in-class signing experience," said Mike Eyal, Founder and Director at Secured Signing. "By continuously innovating and incorporating user feedback, we ensure Secure Signing remains the trusted choice for efficient and secure digital signatures."

More Information:

To learn more about Secure Signing and its latest release, visit https://www.securedsigning.com/ or contact heldesk@securedsigning.com.

About Secure Signing:

Secured Signing is a leading provider of secure and compliant digital signature solutions. With a focus on user experience and advanced technology, Secure Signing helps organizations streamline their signing and approval processes while maintaining the highest level of security. Trusted by businesses worldwide, Secure Signing is the go-to choice for efficient and legally binding digital signatures.

Secured Signing, 800 W. EI Camino Real, Suite 180, Mountain View, CA 94040.

Related link: https://www.securedsigning.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, Legal and Law

Secured Signing Unveils Cutting-Edge Features and Enhancements in Latest Announcement

MOUNTAIN VIEW, Calif. -- Secure Signing, a leading provider of digital signature solutions, today announced the release of its latest version, featuring a range of innovative features and enhancements designed to make the signing process smoother and more efficient than ever. These updates benefit users of the We Sign, Form Filler templates, and Remote Online Notarization (RON) platforms.

New Features:

* Enhanced Admin Visibility: The new Admin User Audit Trail report provides detailed insights of Enterprise accounts / plan into admin activities, including: logins, setting changes, and user management, ensuring greater transparency, control and monitoring.

* Edit Signing Process: Users can now Edit The Signing Workflow even after sending documents for signature, correcting mistakes without starting the signing process again . This feature creates flexibility and reduces rework.

* Invitee-focused Portal: The new Invitee Monitoring Portal offers a centralized location for invitees to access and manage all documents requiring their signatures, boosting completion rates and improving their experience.

Key Enhancements:

* Admin Template Management: Admin users with full permissions can now view and Edit Any User's Templates, facilitating collaboration and template optimization within organizations.

* Meeting Scheduling Clarity: The new Meeting Date column in "In Progress" documents displays scheduled RON or video signing sessions, enhancing the meeting management.

* Canadian RON Support: Secure Signing now officially supports Canadian Notaries in its RON platform, expanding its reach and providing Canadian users with a secure and convenient digital signing solution.

"These latest enhancements demonstrate our commitment to delivering a best-in-class signing experience," said Mike Eyal, Founder and Director at Secured Signing. "By continuously innovating and incorporating user feedback, we ensure Secure Signing remains the trusted choice for efficient and secure digital signatures."

More Information:

To learn more about Secure Signing and its latest release, visit https://www.securedsigning.com/ or contact heldesk@securedsigning.com.

About Secure Signing:

Secured Signing is a leading provider of secure and compliant digital signature solutions. With a focus on user experience and advanced technology, Secure Signing helps organizations streamline their signing and approval processes while maintaining the highest level of security. Trusted by businesses worldwide, Secure Signing is the go-to choice for efficient and legally binding digital signatures.

Secured Signing, 800 W. EI Camino Real, Suite 180, Mountain View, CA 94040.

Related link: https://www.securedsigning.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, Legal and Law

CDF Labor Law LLP Expands Firm Leadership, Elevates Six Women

IRVINE, Calif. -- CDF Labor Law LLP is proud to announce the promotion of two attorneys to Partner and four to Senior Counsel, all of whom are talented women employment defense litigators. These promotions reflect our commitment to cultivating an inclusive environment that values and advances our team members' diverse skills and contributions. These individuals, part of our nearly 50-strong legal team, exemplify CDF's dedication to guiding and defending employers in California's complex labor and employment legal terrain.

"Each recently elevated attorney at CDF Labor Law LLP has consistently showcased exceptional legal acumen and an unwavering commitment to superior client service," stated Firm Managing Partner Marie DiSante. "In applauding these advancements, we reaffirm our firm's steadfast dedication to delivering top-tier talent to safeguard, defend and advocate for employers throughout California."

CDF New Partners (in alphabetical order by first name):

Desiree J. Ho (San Diego - Partner) has extensive experience across diverse industries and understands the vital role of tailored solutions for clients. She is well-versed in defending employers in wage and hour litigation, including PAGA and class actions, as well as single and multi-plaintiff lawsuits for discrimination, harassment, wrongful termination, and other employer-related claims. She advocates taking preemptive measures to best protect clients against wage and hour and other areas of exposure, works with clients to develop strong policies and practices, and guides businesses through difficult employment decisions. Desiree was named to the 2024 list of "Ones to Watch" by Best Lawyers in America(R). She received her J.D. from UCLA School of Law in 2016.

Erin A. Owen (San Diego - Partner) prioritizes personalized service, crafting strategies aligned with client goals in both employment and business litigation. She is deeply committed to her client's well-being and synthesizes a deep understanding of their business, culture, and risk tolerance to best address their legal needs. Erin's employment litigation expertise spans class and PAGA wage and hour disputes, single and multi-party wrongful termination, discrimination, harassment, and retaliation, among other claims, across diverse industries. In business litigation, she handles breach of contract, business torts, trade secret litigation, and shareholder / partner / principal disputes, showcasing knowledge of issues unique to businesses at different stages of their lifecycle. Her comprehensive experience includes counseling businesses planning for and in the transactions process, including managing litigation and its impact on a transaction critical to an organization. Erin graduated from Pepperdine University School of Law in 1996.

CDF New Senior Counsel (in alphabetical order by first name):

Candace R. DesBaillets (San Francisco - Senior Counsel) advises and defends employers, providing practical solutions to mitigate risks. With expertise in wage and hour compliance, termination risk assessment, family and medical leave, and disability accommodation, she handles litigation matters spanning discrimination, harassment, retaliation, contracts, and employment-related torts. Candace has a diverse client portfolio across industries, such as technology, retail, food and beverage, construction, healthcare, and aerospace. Her experience includes representing employers in state and federal courts and before agencies like the EEOC, CRD, and DLSE. With a background in critical gender studies, she offers unique insights to help employers navigate California's dynamic legal landscape. Candance was named to the 2023 and 2024 lists of "Ones to Watch" by Best Lawyers in America(R). She graduated from Berkeley School of Law in 2016.

Dalia Z. Khatib (Sacramento - Senior Counsel) defends California employers on a variety of issues, with a special emphasis on wage and hour class actions, as well as Private Attorney General Act (PAGA) litigation. She has successfully defended employers throughout all stages of litigation, including through trial. In addition to her legal acumen, Dalia's unique background includes helping manage a family-owned marketing and software development company. This hands-on experience managing a workforce has given her a unique perspective in her legal practice and a deep understanding of the challenges that businesses face, particularly in the dynamic landscape of California. This perspective allows Dalia to provide comprehensive guidance to employers on all employee-related issues, including termination, leaves of absence, wage and hour regulations, and compliance with California's privacy regulations impacting employers. Dalia was named to the 2024 list of "Ones to Watch" by Best Lawyers in America(R). She graduated from Davis School of Law in 2018.

Linda Wang (Los Angeles - Senior Counsel) represents clients in diverse industries, including healthcare, food and beverage, manufacturing, and retail. Her practices focus on single-plaintiff FEHA claims, wage and hour disputes, and PAGA and class actions. Wang has also assisted clients in navigating the new California privacy laws (CFRA), including drafting workplace privacy policies. She has successfully defeated wage and hour class action, including obtaining a complete denial of class certification motion in favor of employer. Beyond litigation, she advises on workplace disputes, wage compliance, and privacy laws, showcasing a comprehensive approach to client needs. Fluent in Mandarin, Linda provides legal advice in Mandarin and offers pro bono support, demonstrating her commitment to accessibility and client well-being in the complex landscape of California labor law. Linda was named to the 2024 list of "Ones to Watch" by Best Lawyers in America(R). She graduated from Irvine School of Law in 2017.

Tashayla "Shay" Billington (Sacramento - Senior Counsel) defends California companies against wage and hour class actions and single-plaintiff claims involving discrimination, retaliation, harassment, wrongful termination, and employment-related torts. She also excels in strategic legal maneuvers, conducting thorough discovery processes, and handling motions, mediations, and arbitrations with a track record of success. She has notable experience in defending unfair labor practice charges and counseling both unionized and non-unionized employers on various aspects of labor relations. Committed to protecting businesses and ensuring compliance with California's dynamic employment laws, she also provides comprehensive legal representation with assertive and innovative strategies to navigate the complexities of the legal landscape. Shay was named to the 2023 and 2024 lists of "Ones to Watch" by Best Lawyers in America(R). She graduated Order of the Coif and Order of the Barristers from McGeorge School of Law in 2015.

About CDF Labor Law LLP

For 30 years, CDF Labor Law LLP has distinguished itself as one of the top labor, employment and business immigration law firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. The firm has five offices throughout California - in Sacramento, San Francisco, Los Angeles, Orange County and San Diego.

For more information, visit: https://www.cdflaborlaw.com/ and find CDF on LinkedIn to learn more about how the firm protects California employers.

For access to timely alerts on the latest California labor and employment law developments, sign up for the firm's blog by visiting: https://www.CalLaborLaw.com/.

RELATED LINKS:

https://www.cdflaborlaw.com/attorneys/bio/marie-disante

https://www.cdflaborlaw.com/attorneys/bio/desiree-j-ho

https://www.cdflaborlaw.com/attorneys/bio/erin-a.-owen

https://www.cdflaborlaw.com/attorneys/bio/candace-r.-desbaillets

https://www.cdflaborlaw.com/attorneys/bio/dalia-z-khatib

https://www.cdflaborlaw.com/attorneys/bio/linda-wang

https://www.cdflaborlaw.com/attorneys/bio/tashayla-shay-billington

https://www.linkedin.com/company/cdflaborlaw/

Related link: https://www.cdflaborlaw.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, California Labor and Workforce Development Agency, Hobby Lobby ruling, Legal and Law, Private Attorneys General Act

A PAGA Victory to Bring in the New Year: Trial Court Holds LWDA Responsible for Prevailing Employer’s Costs

SAN FRANCISCO, Calif. -- Last week a trial court in Alameda County entered an order permitting Hobby Lobby Stores, Inc. to recover nearly $125,000 in costs from the California Labor and Workforce Development Agency (LWDA). Hobby Lobby incurred these costs during six years of hard-fought litigation involving claims brought under California's Private Attorneys General Act (PAGA), CDF Labor Law LLP announced today.

The lawsuit was based on allegations that Hobby Lobby failed to allow retail store workers to use suitable seats while they were working. Since the outset of the case in 2017, Hobby Lobby maintained that the placement of seats in retail stores and the use of seats by working employees would create a risk of injury. The lawsuit culminated in a three-week bench trial in February and March of 2023, which resulted in a complete victory for Hobby Lobby. The trial court filed its order requiring the LWDA to pay for Hobby Lobby's costs after several rounds of briefing related to the matter in which both the plaintiff and the State of California attempted to avoid any accountability for the failed PAGA claim.

CDF Labor LLP partners Brent M. Giddens and Corey J. Cabral, Chair of CDF's PAGA Litigation Practice, represented Hobby Lobby in this lawsuit since the time it was filed in 2017, at trial, and through the present.

Plaintiff's Effort to Avoid Liability for Costs

After judgment was entered in Hobby Lobby's favor, the company sought to recover its costs as the prevailing party. California's general cost shifting rule, set forth in Code of Civil Procedure (CCP) section 1032, provides that prevailing parties are entitled to recover their costs as a matter of right unless "otherwise expressly provided by statute." Recoverable costs are determined by statute. A prevailing party can only recover attorney fees as a recoverable cost if authorized by statute that "refers to the award of 'costs and attorney's fees.'" (CCP §§ 1033.5(a)(10)(B) and 1033.5(c)(5).)

Plaintiff responded to Hobby Lobby's effort to recover of costs by filing a motion to tax. Therein, she argued that the PAGA's attorney fee and cost provision, Labor Code section 2699(g)(1), serves as an exception to California's general cost shifting rule. The PAGA's fee and cost provision states, "Any employee who prevails in any action shall be entitled to an award of reasonable attorney's fees and costs." Plaintiff also argued that public policy prohibits the recovery of costs by defendant-employers that successfully defend PAGA claims. She claimed that making PAGA plaintiffs liable for an employer's costs would have a "chilling effect" on PAGA litigation and undermine its purpose.

Hobby Lobby's Request to Recover Costs from the LWDA

Hobby Lobby opposed Plaintiff's motion to tax, demonstrating that PAGA's fee and cost provision is not an express exception to the general cost shifting rule. It merely establishes that attorney fees are a recoverable cost for prevailing employees; it does not foreclose a prevailing employer from recovering its costs. As for Plaintiff's public policy arguments, Hobby Lobby made the novel argument that the LWDA is responsible for an employer's costs resulting from an unsuccessful PAGA lawsuit. The company's argument was predicated on the unique relationship between a PAGA plaintiff and the LWDA. Specifically, in any PAGA lawsuit, the LWDA is the "real party in interest," the plaintiff serves as a "proxy" or "agent" of the LWDA, and the plaintiff has no personal right or interest at stake. And the LWDA retains "primacy over private enforcement efforts." Moreover, the California Supreme Court and Courts of Appeal have held that PAGA does not violate constitutional separation of powers requirements because the LWDA retains sufficient control over PAGA litigation to render it a constitutional delegation of authority.

Just three days after Hobby Lobby filed its opposition-before the matter was fully briefed-the trial court weighed in on the matter. The court entered an order continuing the hearing date for plaintiff's motion to tax, inviting the LWDA to file an amicus brief, and setting a schedule for supplemental briefing. The trial court requested that the LWDA and the parties address several topics, including the reciprocity of benefit and burden as it applies to the LWDA and factual information about the dollar value of civil penalties the LWDA collected through PAGA cases.

The LWDA's Response to the Trial Court's Order

The LWDA declined to file an amicus brief and, instead, enlisted the Department of Labor Standards Enforcement (DLSE) to intervene on its behalf. The DLSE argued that it had a right to intervene on behalf of the LWDA because it was authorized to administer the PAGA pursuant to delegations from the LWDA and the Department of Industrial Relations, and because the LWDA had a material interest in the outcome of the trial court's decision of allocation of liability for Hobby Lobby's costs. However, as discussed further below, the DLSE parroted Plaintiff's arguments that no employer may recover costs resulting from a failed PAGA action.

Hobby Lobby opposed the DLSE's intervention, arguing that it was an unnecessary procedural tactic aimed at precluding the LWDA's liability for "pre-intervention costs." The trial court ultimately granted the DLSE's request to intervene but noted that the intervention-status "will not determine the substantive issue of whether the LWDA is responsible for the costs."

The DLSE then filed a brief in support of Plaintiff's motion to tax costs and agreeing with Plaintiff's argument that employers have no right to recover costs as a prevailing party in a PAGA lawsuit. The DLSE claimed that the trial court should interpret the PAGA's fee and cost provision as a "one-way cost shifting" provision akin to that in California's minimum wage laws. The DLSE did not address the value of civil penalties the LWDA collected through PAGA cases. Nonetheless, the DLSE's argument relied on the oft-cited legislative purpose of the PAGA-to supplement and increase enforcement of the Labor Code by public agencies which lack adequate resources. Moreover, the DLSE disavowed the LWDA's control over PAGA litigation. The DLSE went as far as to claim the "LWDA cannot prevent an aggrieved employee from pursuing a PAGA claim that it would not otherwise prosecute."

CDF's Public Records Requests

When the trial court invited the LWDA's amicus brief and requested financial information about PAGA civil penalties, Hobby Lobby's counsel doubted the DLSE would provide the information. Accordingly, soon after the trial court invited the LWDA's amicus brief, the firm submitted Public Record Act requests to the LWDA seeking financial information related to PAGA litigation, including the amount of civil penalties the LWDA recovered in recent years. In doing so, the firm obtained evidence that undermines the oft-cited and out-of-date findings that the LWDA has "scarce" or "limited" resources.

As anticipated, the evidence established that the LWDA has received a staggering amount of civil penalties from PAGA litigation. In just the last three fiscal years, the LWDA has received approximately $375 million in civil penalties. The evidence also demonstrated the funds were not being used as required under PAGA. Specifically, Labor Code section 2699(i) states that the civil penalties received by the LWDA are "for enforcement of labor laws, including the administration of this part, and for education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes." The LWDA's records indicate the PAGA funds have been used to make a $107,000,000 "loan" to the General Fund, to supplant funding to the agency's various departments, and other non-enforcement uses. However, many of the funds are simply not allocated to any use and remain in the Labor and Workforce Development Fund.

Hobby Lobby's Supplemental Briefing

In its supplemental briefing, Hobby Lobby buttressed its arguments that the PAGA's fee and cost shifting provision can only be interpreted as authorizing prevailing employees to recover attorney's fees as a cost under CCP sections 1032, 1033.5(a)(10)(B), and 1033.5(c)(5). The PAGA's fee and cost provision does not displace California's general cost shifting rule, and it is not a "one-way cost shifting" provision, as claimed by Plaintiff and the DLSE. Further, Hobby Lobby established that although the LWDA is not a formal party to PAGA litigation, it is the only "real party in interest" to a PAGA claim, and it has control over PAGA litigation. Hobby Lobby cited to the Legislature's delegation of authority to the LWDA to promulgate regulations under PAGA, the PAGA's notice provisions, and the LWDA's efforts to intervene in and control the resolution of other PAGA cases. Moreover, it is well established that if the LWDA directly enforced the Labor Code by filing an action and the employer prevailed, the LWDA would be liable for the employer's costs.

Hobby Lobby argued that the LWDA's failure to exercise control over PAGA litigation does not render it powerless to do so-the LWDA has both available methods and the means to control PAGA claims and prevent wasteful litigation. To that point, Hobby Lobby maintained that "the significant amount of money the LWDA has received as a result of PAGA settlements and judgments in just the last few years should preclude the DLSE (and, frankly, all California courts) from continuing to rely on the oft-repeated notion that PAGA should be construed and applied with the understanding that the 'LWDA lacks adequate staffing and resources...' " Furthermore, Hobby Lobby demonstrated the if the LWDA did lack the ability to exercise such control over PAGA litigation, the statute would be subject to constitutional challenges based on a complete delegation of the LWDA's enforcement discretion to private attorneys.

The Trial Court's Order and Anticipated Appeals

The trial court agreed with Hobby Lobby at every turn and, on December 28th, it issued a 35-page, full-throated order roundly rejecting the DLSE's arguments. You can find a copy of the order here - https://www.callaborlaw.com/_images/blog_files/2023.12.28_Order_Granting_in_Part_Motion_of_Plaintiff_to_Strike_.pdf.

This appears to be the first occasion on which the LWDA has been found liable for the costs of a prevailing employer in a PAGA case.

Although the LWDA will undoubtedly appeal the decision-just as plaintiff appealed the trial court's judgment on the merits-we are confident that the trial court's analysis and decision will withstand scrutiny. While the effect of this order is yet to be seen, we believe it is a significant victory for California employers. One can reasonably suspect that the LWDA will begin taking a more active role in the PAGA notice process and any subsequent litigation to prevent, or put a stop to, the more frivolous and wasteful PAGA lawsuits that have been burdening employers and causing economic waste across the state.

Employers faced with PAGA claims can now implement strategies during the PAGA's notice period that may increase the chances of preventing a lawsuit and litigation strategies that will increase the likelihood of an earlier and more favorable resolution. But, if forced to defend unwarranted PAGA claims, employers should be able to hang their hat on actually recovering their litigation costs because the LWDA clearly has the funds to pay for them, unlike a judgment-proof plaintiff.

About CDF Labor Law LLP

For close to 30 years, CDF Labor Law LLP has distinguished itself as one of the top labor and employment defense firms in California, representing employers in single-plaintiff and class action lawsuits, and advising employers on related legal compliance and risk avoidance. The firm has five offices throughout California - in Sacramento, San Francisco, Los Angeles, Orange County and San Diego.

For more information, visit: https://www.cdflaborlaw.com/ and find CDF on LinkedIn or Twitter to learn more about how the firm protects California employers.

Related link: https://www.cdflaborlaw.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, CA Senate Bill 696, Legal and Law, Real Estate

NotaryCam to Provide Remote Online Notarization Services for California Transactions in 2024

NEWPORT BEACH, Calif. -- NotaryCam®, a Stewart-owned company and leading remote online notarization (RON) provider for real estate and legal transactions, announced today it will support remote online notarial acts in California beginning in 2024 following the passage of CA Senate Bill 696, which was signed into law by California Governor Gavin Newsom on September 30, 2023. Stage 1 of the bill takes effect on January 1, 2024, and allows the use of remote online notarization (RON) by notaries commissioned outside the state for transactions such as title and escrow transaction documents in connection with California real property.

"California embracing remote online notarization is an effort that has taken years and is a critical next step toward nationwide acceptance of RON and eNotary services," said NotaryCam president Brian Webster. "While real estate isn't the only industry that can benefit from RON, the passage of this bill is a boon for this sector of the economy, as California represented roughly 18%* [*see note 1] of all real estate transactions nationally in 2022. NotaryCam is looking forward to providing our services to California residents and eagerly anticipates the day when we can do the same for notaries commissioned in the state."

Other provisions of the bill are slated to take effect in phases starting January 1, 2025, by which time RON technology providers must certify that they meet the specified requirements to perform RON transactions in the state. The final phase, which is expected to commence by January 1, 2030, authorizes the commissioning of California notaries to perform remote online notarial acts, following the completion of technology updates by the California Secretary of State office to allow for such actions. This bill puts California with 44 other states that have enacted laws providing permanent access to remote online notarization, according to the American Land Title Association (ALTA).

Updates and additional information on RON in California can be found on the California Notary Public website at https://www.sos.ca.gov/notary.

About NotaryCam, a Stewart Company:

NotaryCam, a Stewart-owned company, is the leader in online notarization and mortgage eClosing solutions, having notarized documents worldwide for more than a million customers in all 50 states and more than 146 countries. The company's eClose360® platform delivers the "perfect" online mortgage closing in every jurisdiction and supports all eClosing scenarios with a flexible workflow for document recording and unparalleled identity verification, security and customer convenience. In addition to real estate transactions, NotaryCam provides RON services to many Fortune 500 companies as well as small and midsize businesses. The company also proudly maintains an industry-leading 99.8 percent customer satisfaction rating and the highest Net Promoter Score (NPS) amongst the best global tech brands.

Visit https://www.notarycam.com for additional information or to get a document notarized today.

CITATIONS:

*NOTE 1 - SOURCE: NMLS Forward Loans Closed and Funded by Type

Related link: https://www.notarycam.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Business, Free News Articles, Legal and Law

Secured Signing Approved to Provide Remote Online Notarization (RON) Platform for Delaware Notaries

WILMINGTON, Del. -- Secured Signing, a leading provider of Remote Online Notarization (RON) solutions for Real Estate, Legal, Generic Notary transactions, is delighted to announce its official Approved Technology Providers as a RON solution for Delaware Notaries. With this approval, notaries can seamlessly utilize Secured Signing to notarize documents for their clients online, all from the convenience of their homes or offices.

RON, short for Remote Online Notarization, is a contemporary, secure, and highly efficient method for notarizing documents. At Secured Signing, we harness innovative technology to confirm the identities of all signers, ensuring the utmost accuracy in the notarization process. Our user-friendly and intuitive process guarantees a seamless experience for signers of all backgrounds and preferences.

Key Features of Secured Signing's RON Platform:

* Simultaneous Visual and Audio Transmission: Secured Signing's platform enables real-time visual and audio communication, ensuring a clear and efficient notarization process.

* Evidence of Document Integrity: Using X509 Digital Signatures, Secured Signing offers robust protection against any unauthorized changes or tampering with your documents.

* Live, Real-Time RON Sessions: The notarization process on the Secured Signing platform is live and conducted in real-time, ensuring a secure and efficient experience.

* Recorded RON Sessions: Every RON session is securely recorded, providing an added layer of protection and evidence.

"We are thrilled to be approved as a RON vendor for the state of Delaware," stated Mike Eyal, CTO and Founder at Secured Signing. "We are committed to providing notaries with a convenient, secure, and affordable solution for notarizing documents online. We are excited to offer the Secured Signing platform to the state of Delaware and contribute to modernizing the notarization process."

Secured Signing proudly holds membership with the National Notary Association (NNA) and actively participates in events hosted by organizations such as ALTA, MBA, and ABA.

Secured Signing's latest approval in Delaware is yet another significant milestone in our mission to deliver efficient RON solutions to notaries and their clients. This achievement further underscores our unwavering dedication to extending the reach of our services. Secured Signing's Remote Online Notarizations platform is approved in 39 States.

About Secured Signing:

Secured Signing is a trusted provider of Remote Online Notarization (RON) services, dedicated to simplifying the notarization process while ensuring the highest standards of security and authenticity. As an industry leader, Secured Signing offers state-of-the-art technology solutions for notaries, clients, and customers alike.

To learn more about Secured Signing and explore their RON services, please visit the company's website at https://www.securedsigning.com/.

For inquiries, please contact:

800 W. EI Camino Real, Suite 180 Mountain View, CA 94040. +1 408-769-6018

RELATED LINKS:

https://www.securedsigning.com/ron-software/

https://www.securedsigning.com/notary-software/core-features/ron-remote-online-notarization/

Related link: https://www.securedsigning.com/

This news story was published by the Neotrope® News Network - all rights reserved. ID:NEO2022

Awards and Honors, Business, Free News Articles, Legal and Law

Attorney David L. Goldman Recognized by Florida Trend’s Magazine As A 2023 Legal Elite

SARASOTA, Fla. -- Attorney David L. Goldman, from the Sarasota Florida law firm of Goldman, Babboni, Fernandez, Murphy & Walsh, has been recognized as a Florida Trend Magazine's 2023 Legal Elite.

Florida Trend Magazine, a respected news source in Florida for over 65 years, has been providing in-depth analysis and perspectives on issues, people, and ideas that shape the Sunshine State, including the legal industry and justice system.

Florida Trend's July issue features the 2023 Legal Elite Managing Partners and showcases exceptional attorneys at law firms. Just under 1% of Florida attorneys are considered each year as a candidate to be selected as a Legal Elite. Candidates must be nominated by their peers to qualify for consideration. After voting has concluded candidates are further reviewed by a panel of past Legal Elite Winners to be considered for selection.

Factors reviewed by the panel include the candidate's expertise, ethics, and dedication to the Florida justice system and their local communities, ensuring those named as Legal Elite truly represent the pinnacle of their profession.

Attorney Stephen Fernandez had this to say about David Goldman's inclusion into the 2023 Legal Elite, "It's no surprise to the other partners, that David has been recognized as a 2023 Legal Elite. It's great to see the acknowledgment of what all of us at the firm have already known over the years; that David represents a benchmark of excellence and professionalism in the legal community. David's dedication to the legal profession, his clients, and our local community is unparalleled. David consistently goes above and beyond for his clients, not just in the courtroom but in every aspect of our practice."

About Attorney David L. Goldman:

Attorney David L. Goldman has been representing clients in injury law cases for more than 30 years. Mr. Goldman is a member of the American Association of Justice, the Association of Trial Lawyers of America, and the Southern Trial Lawyers Association. Mr. Goldman is an Eagle Member of the Florida Justice Association and the Academy of Florida Trial Lawyers where he received the prestigious Legislative Leadership Award.

To Learn More About Attorney David L. Goldman visit his law firm website at https://www.justicepays.com/

Related link: https://www.justicepays.com/

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Free News Articles, Government, Legal and Law, Police, Fire and Rescue

Obeidy and Associates, P.A. Wins Discrimination Lawsuit Against Broward County Sherrif’s Office

FORT LAUDERDALE, Fla. -- Obeidy and Associates, P.A. (OBD Legal) announces that it recently represented Scott Thomas, Plaintiff, against the Broward County Sherrif's Office (BCSD), Defendant, and won the initial case as well as follow-up appeals.

Thomas, a military-trained helicopter pilot, initially retained OBD Legal to represent him in an employment dispute with the BCSD. The Plaintiff's primary complaint was discrimination that fell under the Uniformed Services Employment and Reemployment Rights Act. A jury determined that BCSD was in violation of this act and awarded Thomas $240,000 in lost wages. The verdict form also asked whether the BCSD "willfully violated the law," and the jury answered, "Yes." Based on a statutory provision that awards double damages for willful violations, Thomas moved to alter the judgment.

The district judge decided that the jury finding on willfulness was "advisory" and denied Thomas's motion. The Eleventh Circuit also affirmed the denial of the sheriff's office's motion for judgment as a matter of law or a new trial and reversed the denial of Plaintiff's motion for an altered judgment.

The court held that there was sufficient evidence supporting the verdict against the sheriff's office. But the Court of Appeals reversed the denial of Plaintiff's motion to alter the judgment because the parties consented to have the jury decide the issue of willfulness. As a result, Thomas was awarded double damages.

The Defendant was represented by the law offices of Carmen Rodriguez, P.A., a management labor and employment law firm.

A. Andrew Obeidy, Esq., senior litigator, who represented Thomas in Federal District Court said that it was "the highlight of my career to represent this patriot who wore the cloth of our country."

For more information about the case, visit: https://media.ca11.uscourts.gov/opinions/pub/files/202211322.pdf

About Obeidy and Associates, P.A.

Obeidy and Associates, P.A, focuses on employment law and brand protection. It handles a variety of civil litigation cases that involve unfair labor practices against employees and their attorneys have the knowledge, dedication and experience required to represent workers in a wide range of labor disputes.

For more information: https://www.obdlegal.com/

Related link: https://www.obdlegal.com/

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