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securecheck360 · 5 years ago

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2020 Labor and Law Update for California State Employers

It is time to take a significant look at some of the most important new laws that have been passed and also which will affect California employers in 2020 and beyond. As usual, employers should review their policies and practices to ensure ongoing legal compliance and to limit potential exposure. Be sure to counsel with lawful guidance as to any inquiries.

Contractor or Employee? How AB 5 will Impact California Employers

The statute fundamentally changes the test used to determine whether workers in California are employees or independent contractors. This monumental change to California employment law will require businesses operating in California to understand the intricacies of AB 5, and its numerous exemptions, and be aware of how their worker’s fit into the new classification scheme. Failure to reclassify workers where appropriate will expose California employers to significant risk, including the collection of unpaid wages and back taxes, civil penalties, and civil litigation.

The bill will be codified as section 2750.3 in the Labor Code and will be effective from 1st January 2020. The bill portrays that all workers are employees unless the hiring business can rebut this presumption. The new statute does not permit an employer to reclassify an individual who was an employee on 1st January 2020, to an independent contractor due to the bill’s enactment.

While the content of AB 5 is extensive and complex, generally it can be broken down into three different parts:

1. It adopts and codifies the “ABC” test established in Dynamex, to determine whether a worker is an employee or an independent contractor;

2. It expands the reach of the “ABC” test to include the California Labor Code and Unemployment Insurance Code, as opposed to only the Industrial Welfare Commission’s Wage Orders; and

3. It specifically exempts certain occupations, industries, and contractual relationships from the “ABC” test, and instead permits the use of the less-stringent, Pre-Dynamex test established in G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, in certain specific circumstances.

Where a worker is not exempt, the “ABC” test applies. The “ABC” test presumes that all workers are employees and places the burden on the hiring business to establish the following factors to classify a worker as an independent contractor: (A) the worker is free from the control and direction of the hirer in connection with the performance of the work; (B) the worker performs work that is outside the usual course of the hiring entity’s business, and (C) the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity. If the hiring business fails to establish any of these factors, the worker will be classified as an employee.

AB 5 lists several specific occupations to which the older Borello test will continue to apply, including insurance agents, surplus line brokers, analysts, physicians, surgeons, dentists, podiatrists, psychologists, veterinarians, lawyers, architects, engineers, private investigators, accountants, certain direct sales salespersons, securities broker-dealers, investment advisors, commercial fishermen, and certain newspaper carriers. AB 5 also provides that contracts for certain “professional services” are also exempt, under specific conditions. AB 5 defines “professional services” as the services provided by a human resources administrator, travel agent, graphic designer, grant writer, fine artist, payment processing agent, photographer, photojournalist, freelance writer, freelance editor, freelance newspaper cartoonist, esthetician, electrologist, manicurist, barber, or cosmetologist. In addition to falling into one of these categories of “professional services”, hiring businesses must also establish that the worker meets additional, very precise requirements, for an exemption to apply. AB 5 also contains several other miscellaneous exemptions, including for real estate licenses, repossession agencies, the construction industry, and relationships between referral agencies and service providers.

Since the statute has not yet gone into effect, the full scope of AB 5 and its various exemptions, which are complex and specific, remain to be fully explored and potentially litigated. AB 5 is still very much a fluid statute, and California hiring entities should obtain appropriate guidance to ensure compliance with the newly enacted law.

California Recognizes Discrimination Based on Race-Based Hairstyles

California became one of the first state to ban race-based hair discrimination by enacting SB 188, also known as the Creating a Respectful and Open workplace for Natural Hair (CROWN) Act. The CROWN Act expands the definition of “race” under the California Fair Employment and Housing Act (FEHA) to include traits historically associated with race, such as hair texture and protective hairstyles. “Protective hairstyles” include, but are not limited to, “braids, locks, and twists”. The new law goes into effect on the 1st of January 2020.

The CROWN Act acknowledges the disparate impact workplace dress code and grooming policies potentially could have on black individuals. Policies that prohibit natural hair, including afros, braids, twists, and locks, are more likely to deter black applicants and burden or punish black employees than any other group. The stated purpose of the CROWN Act is thus to enforce the “constitutional values of fairness, equity, and opportunity for all”.

California employers should review their dress codes, grooming policies, and general hiring and employment practices to ensure compliance with the new law. Employers operating nationally should monitor legislative developments – New York has enacted a similar law forbidding race-based hair discrimination, and New Jersey, Michigan, Wisconsin, Illinois, and Kentucky are also considering such legislation.

Additional Accommodations for Lactation Expression in the Workplace

SB 142 significantly changes existing law regarding an employer’s obligation to provide accommodations to an employee to express breast milk.

Existing law:

Ø Prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period;

Ø Requires an employer to pay the employee one additional hour of pay, at the employee’s regular rate of compensation, for each rest period not provided.

Ø Requires to employers to provide a reasonable amount of break time to employees desiring to express milk for the employee’s infant child;

Ø Requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a bathroom, close to the employee’s work area, for the employee to express milk in private;

Ø Exempts an employer from the break time requirement if the employer’s operations would be seriously disrupted by providing that time to employees desiring to express milk; and

Ø Subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations.

SB 142 amends Labor Code section 1030 by requiring a ‘reasonable amount of break time’ to express breast milk “each time the employee needs to express milk”. The bill would also amend Labor Code section 1031 by adding additional requirements for a lactation room. As a result, a lactation room or location.

Ø Must be private

Ø May include the place where the employee normally works if that space otherwise meets the requirements of the Labor Code;

Ø Shall not be a bathroom

Ø Shall be close to the employee’s work area;

Ø Must be shielded from view and free from intrusions while the employee is expressing milk;

Ø Must be safe, clean, and free of hazardous materials;

Ø Must contain a surface area to place a breast pump and personal items;

Ø Must have a place to sit; and

Ø Must have access to electricity, extension cords, or charging stations necessary to operate an electric or battery-powered breast pump.

The new law also requires that the employer provide access to a sink with running water and a refrigerator for storing milk close to the employee’s workplace.

Finally, Labor Code section 1034 has been amended to require an employer to develop and implement a policy regarding lactation accommodation that includes the following:

Ø A statement about an employee’s right to request lactation accommodation;

Ø The process by which the employee makes the request;

Ø An employer’s obligation to respond to the request; and

Ø A statement about an employee’s right to file a complaint with the Labor Commissioner for any violation of a right under this chapter.

The employer shall include the policy in an employee handbook or set of policies that the employer makes available to employees. The employer shall distribute the policy to new employees upon hiring and when an employee makes an inquiry about or requests parental leave. If an employer cannot provide break time or a location that complies with the policy, the employer shall provide a written response to the employee.

The amendment thus provides employees with an undefined number of “additional breaks” for expressing milk. The expansion of these Labor Code sections creates significant potential liability for employers who fail to provide “reasonable breaks” “each time” the employee needs to express milk.

New Posting Requirements on Parental Leave

The New Parental Leave Act (NPLA) took effect in January 2018 and expanded the availability of body-bonding benefits to smaller employers (those with at least 20 employees). As amended by the NPLA, the California Family Rights Act (CFRA) provides 12 weeks of unpaid, job-protected leave for the birth, adoption, or foster care placement of an employee’s child if the employer has 20 or more employees who avail themselves of this statutory benefits.

New posting requirements regarding the NPLA took effect as of April 1, 2019. Employers with 20-49 employees now have to post information on the available baby-bonding benefits, and employers with 50 or more employees have to update their previous postings. The new required postings primarily address the addition of the NPLA in the CFRA’s definition section and the removal of gender-specific pronouns and references in the CFRA’s Certification of Health Care Provider form.

The posters must be displayed prominently where employees and applicants for employment can easily see them. If 10 percent or more of the workplace speaks a language other than English, a version must also be posted in that language. The Department of Fair Employment and Housing provides translated posters in several languages and will work with an employer if another translation is needed. Some employers choose to purchase and display an “all in one” poster from a Chamber of Commerce, or other private organizations. Employers may also need to update handbooks and train human resources personnel on the new leave policies and updated medical certification form. Employers with 20 or more employees should ensure their postings, handbooks, and training are up to date with the new requirements for baby-bonding leave to ensure compliance with the NPLA.

No Re-Hire Provisions Removed from Settlement Agreements

As a result of AB 749, California employers need to review their standard settlement agreements to remove any “no-rehire” provisions. Under the new law, which goes into effect on 1st January 2020, settlement agreements cannot contain any provisions that prohibit, prevents, or otherwise restricts an employee from obtaining future employment with that employer or its parent companies, subsidiaries, divisions, affiliates, or contractors. Any such provisions found in settlement agreements entered into on or after 1st January 2020 are void as a matter of law against California public policy.

The prohibition only applies to agreements with an “aggrieved person”, which is defined as a person who has “filed a claim against the person’s employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process”. As a result, employers and employees remain free to enter into severance agreements with terminated employees that contain no-rehire provisions. However, any severance or agreement resolving an employment dispute would be implicated by AB 749. The new law also clarifies that it does not require employers to rehire employees where (1) the employer has made a “good faith determination” that the employee engaged in sexual harassment or sexual assault, or (2) the employer has a legitimate non-discriminatory or non-retaliatory reason for refusing to rehire the person. The new statute, however, does not define what continues a “good faith determination”.

Update on Sexual Harassment Training

Existing law that went into effect on 1st January 2019, expanded requirements for sexual harassment training such that it applies to employers with five or more employees (previously the sexual harassment training requirements applied to employers with 50 or more employees). The existing law includes requirements that employers provide:

Ø At least two hours of classroom or other effective training and education regarding sexual harassment prevention to supervisory employees every two years;

Ø At least one hour of sexual harassment prevention training and education to nonsupervisory employees every two years;

Ø new employees with sexual harassment training with six months of hire; and

Ø Temporary or seasonal employees with sexual harassment prevention training within 30 calendar days after the hire date or within 100 hours worked if the employee is expected to work for less than a period of six months.

SB 778 extended the initial deadline for providing new training to those non-supervisory employees who were not previously covered under prior state law from 1st January 2020 to 1st January 2021. It also clarifies that employees who compared sexual harassment training in 2010 do not need to be retrained for another two years (i.e., until 2021), and then every two years thereafter (i.e., 2023, 2025).

Statute of Limitation for FEHA Claims Extended to Three Years

Under existing law, the California Fair Employment and Housing Act (FEHA) requires that an employee alleging discrimination, harassment, or retaliation must file a verified complaint with the Department of Fair Employment and Housing (DFEH) before he or she may file a civil action in court. Currently, an employee must file this DFEH complaint within one year from the date of when the wrong occurred. Once an employee receives a Right to Sue Notice from the DFEH, he or she has one year to file a lawsuit.

Governor Gavin Newsom approved AB 9, known as the stop Harassment and Reporting Extension (SHARE) Act, which extends the deadline to file an allegation of unlawful workplace discrimination, harassment, or retaliation under the FEHA with the DFEH from one year to three years. Employers should note that AB 9 does not revive claims that have already lapsed under the current one-year statute of limitation rules.

Exclusion of Mandatory Arbitration Agreements at Outlet of Employment

AB 51 prohibits employers from requiring employees to enter into arbitration agreements covering claims under the Fair Employment and Housing Act (FEHA) and the Labor Code as a condition of employment. The bill will be codified as a new section 432.6 in the California Labor Code, and it prohibits any person from requiring an applicant or employee to “waive any right, forum, or procedure” for a violation of the FEHA or the Labor Code, which includes the right to file a civil complaint in court or a complaint with government agency. It makes a violation of Labor Code section 432.6 an “unlawful employment practice” under the FEHA, and also prohibits employers from retaliating against an applicant or employee who refuses to agree to an arbitration agreement. However, AB 51 does not apply to ��post-dispute settlement agreements or negotiated severance agreements”. Further, it applies to agreements “entered into, modified, or extended on or after 1st January 2020.

Employer groups have already challenged AB 51 in federal court on the basis that is preempted by the Federal Arbitration Act (FAA). The drafter of AB 51, anticipating a legal challenge, has attempted to address this by including subsection (f) which states, “Nothing in this section is intended to invalidate a written arbitration agreement that is otherwise enforceable under the [FAA]”.

The California Consumer Privacy Act Requirements for Employers

In 2018, the California legislature passed the California Consumer Privacy Act (CCPA), a law designed to provide consumers with more control over the personal data that businesses collect on those consumers and to have that data deleted, among others. Under the prior iterations, the term “consumer” was broadly defined to include employees and job applicants. Because of this overbroad definition, the California Legislature enacted AB 25, which provides employers with one-year exemption to come into compliance with the law.

Specifically, covered employers have until 1st January 2021, to meet all of the CCPA’s requirements except for two. First, by 1st January 2020, covered employers must ensure they have implemented reasonable security measures, both physical and electronic, to safeguard the personal information of employees and job applicants. In the event of a data breach resulting from failure to implement reasonable security measures, an affected employee can file an individual lawsuit or a class action and potentially recover $ 100 - $ 750 per consumer per data breach incident or their actual damages, whichever is greater. Accordingly, any employer covered by the CCPA should review their electronic and physical security measures to ensure they are appropriately protecting their employee’s data.

Second, starting date 1st January 2020, covered employers must disclose to employees and job applicants the categories of “personal information” collected about them and purposes for which the information will be used. The disclosure must be made before or at the time the employer receives the personal information of any employee or job applicant. The disclosure does not need to list every piece of information collected about the employee, but rather only categories of information. Under the CCPA, covered employers will be prohibited from using any employee personal information that is not listed in the disclosure provided to employees. Therefore, the disclosure should be as comprehensive as possible in terms of identifying all business purposes for which the information is used. Examples of business purposes in the employment context include:

1. To comply with state and federal law requiring employers to maintain certain records;

2. To effectively process payroll;

3. To administer and maintain group health insurance benefits, 401K, and retirement plans; and

4. To manage employee performance of their job duties.

For current employees, the disclosure can be made to them as a group in the employee handbook or through a memo to all employees. Since the CCPA requires the disclosure be made at or before the transaction in which the personal information is collected, the best approach is to include the disclosure with the job applicant for job applicants or future employees.

Employers should be cautious, the term “personal information” is defined so broadly by the CCPA that it potentially covers all information employers collect, maintain, or share about job applicants, employees, and their family members or dependents that could identify the individual or be used in conjunction with other information to identify the individual. Specifically, personal information includes “information that identifies, relates to describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer”. The definition then identifies 11 categories and data elements, including “professional or employment-related information”, education information”, and characteristics of a protected category”.

So what is Covered Business?

The CCPA only applies to for-profit businesses that:

Ø Do business in California

Ø Collect the personal information of consumers including employees, and

Ø Satisfy any of the following criteria:

· Have annual gross revenues over $25 million;

· Annually receive, sell, or share personal information about more than 50000 or more California residents or households or 50000 devices;

· Derive 50% or more of their annual revenue from selling personal information of consumers.

AB 25 delays requirements (apply to employers) that permit consumers to request the deletion of their personal information, the categories of personal information collected, and the categories of third parties with whom the business shares their personal information.

#california #employer #employers #law #2020

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robert-shumake · 5 years ago

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About Robert Shumake

Robert S. Shumake guides Shumake Global Partners (SGP), an L3C enterprise with the mission “to enhance the world in which we live”, provides services in multifaceted socially beneficial sectors inclusive of Technology; Financial Services; Education & Training; Housing. In 2005 as founding President and Chief Executive Officer of Inheritance Capital Group, LLC, (ICG) a leading private equity investor and developer of commercial and residential real estate, Robert Shumake expertly achieved financing for all types of ventures, from small business to mortgage loans, commercial leasing, and specialized projects. ICG developed a real estate portfolio of nearly 3 million square feet, valued over 300 million dollars. Prior to Robert Shumake’s success at ICG, he was Owner and President of First Equity Holdings, where he oversaw the management and sale of 85% of the Department of Housing and Urban Development (HUD) inventory in Michigan. Following his accomplishments at FEH, Shumake was awarded a Presidential appointment to the Federal Home Loan Bank Board of Directors, which presided over 700 billion dollars. During his tenure as a director, Robert Shumake presided over the Finance Committee in Michigan and Indiana. Robert Shumake also received two Michigan (Republican and Democratic) gubernatorial appointments: The Board of Real Estate Brokers and Salespersons, where he was responsible for the regulation and licensure of real estate professionals, and the Governor’s Council for Health and Fitness. Robert Shumake is an active supporter of youth, both as a mentor and as a philanthropist. The Robert Shumake Scholarship Relays, a division of the Shumake Family and Friends Foundation, has provided over 100 college scholarships and provided over 25,000 youths the opportunity to display their talents, athletically and academically. Robert Shumake is also a sponsor of the Historical Black College (HBCU) Cross Country Tournament, the largest tournament of its kind in the nation. As well as local initiatives, Robert Shumake’s foundation sponsors several global humanitarian projects focused on the pursuit of improved education and overall betterment of life: Youth Ambassador Humanitarian Project (YAH), an official program of the Embassy of the Republic of Botswana sponsored over 100 youth in business endeavors; The Shumake Legacy Academy was launched in Addis Ababa, Ethiopia, serving HIV orphans and 3000 students. Robert Shumake’s book “For Entrepreneurs Who Considered Suicide When Business Got Tough!” is in its third printing, proving to be a valuable coaching tool for individuals as they stretch towards their dreams and aspirations amid the struggles of doing business. In 2013 his newest book “Climbing Your InnerMountain: 10 Steps To Reaching Any Goal” hit the charts as a #1 Amazon best-seller, as he shared his personal life lessons learned while climbing Mt. Kilimanjaro. Robert S. Shumake holds an Honorary Doctorate from Lewis College of Business in Detroit. Robert Shumake’s passion to help and support others in the areas of business and philanthropy earned him the title of Honorary Consul in two countries: The Republic of Botswana to the United States; The United Republic of Tanzania to the United States. In 2015, Mr. Shumake was appointed as “Ambassador” and Special Diplomatic Advisor of the International Human Rights Commission (IHRC) with an interest in the American and African Regions. Robert Shumake’s success has been driven by his philosophy of life: “I always want to promote the ‘Double Bottom Line’; make a profit in business and make a difference in the community.”

#robertshumake

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sahararealestate · 5 months ago

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Navigating the Michigan Real Estate Market: Your Guide to Success

Michigan's real estate landscape is as diverse as its scenery. From the bustling energy of Detroit to the serene beauty of the Upper Peninsula, there's a perfect property waiting for everyone. But navigating the buying, selling, or investing process can feel overwhelming. Here at Sahara Real Estate Services, we're your one-stop shop for all things Michigan real estate.

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dominionra · 3 months ago

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DRA COORDINATES 67-MONTH LEASE WITH AVALON CONSULTANTS PLLC. AT MEADOWBROOK MEDICAL CENTER IN NOVI

Bingham Farms, Michigan (August 2024) - Eric Banks, Group President and James Mitchell Vice President of Brokerage at Dominion Real Estate Advisors, LLC (DRA) represented the Landlord in a 67-month, 5,648 SF medical office lease at 25500 Meadowbrook, Novi, MI, commonly known as Meadowbrook Medical Center. The Tenant, Dr. Sarafa MD, who is the founder and chief officer of Avalon Consultants PLLC, is a family medicine physician who focuses on his commitment to excellence and patient care. Named the “2023 Health Care Hero” by Crain’s Detroit, his team will deliver high quality clinical care, aiming to treat and diagnose patients in the comfort of their homes.

ABOUT ABOUT DOMINION REAL ESTATE ADVISORS

Dominion Real Estate Advisors (DRA) is a full service commercial real estate firm recognized nationally as a leading provider of professional commercial real estate services. DRA brings decades of experience and expertise in commercial brokerage, property and asset management, real estate advisory, construction, design, and development services.

DRA is committed to bringing its clients creative, cutting-edge solutions, and providing the highest level of professional service fostering long lasting relationships based on loyalty, integrity, and trust. DRA assists corporate clients, lenders, institutions, property owners, investors, and real estate developers in achieving their real estate objectives.

For more information, please visit:

LinkedIn: https://www.linkedin.com/company/dominionra

Instagram: https://www.instagram.com/dominion_realestateadvisors

Facebook: https://www.facebook.com/dominionra

#recent transactions

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architectnews · 4 years ago

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Commonwealth Pier, Boston

Commonwealth Pier, Boston, Massachusetts Contemporary Interior, American Architecture Photos

Commonwealth Pier in Boston

Oct 26, 2020

Commonwealth Pier

Design Architect: Schmidt Hammer Lassen Architects

Location: Boston, Massachusetts, USA

image © Schmidt Hammer Lassen Architects

Construction has begun on the redesign of Boston’s Seaport World Trade Center, an expansive mixed-use development on historic Commonwealth Pier in the city’s Seaport District. Designed by Schmidt Hammer Lassen, the adaptive reuse project will introduce new ways to explore and engage with the waterfront. These include a public plaza, an enhanced Harborwalk, retail, and first-class Seaport Hotel event and meeting spaces, as well as a unique, flexible workplace.

image © Cityscape Digital for Pembroke

International real estate developer Pembroke turned to Schmidt Hammer Lassen, along with Boston-based architectural firm CBT, to honor the site’s historic integrity while also introducing new materials, increasing daylight, and providing new points of connectivity. Commonwealth Pier was built more than 100 years ago and was once the largest of its kind in the world. The revitalization project, which is targeting LEED Gold Certification, incorporates advanced design strategies for resilience and sustainability to ensure the pier’s continued enjoyment for generations to come.

image © Schmidt Hammer Lassen Architects

“We’re thrilled to start construction and take another step forward with our revitalization of Commonwealth Pier. This project reintroduces the Pier as a new destination in what has become a thriving neighborhood,” said Andrew Dankwerth, Senior Vice President, Design & Development at Pembroke. “This revitalization will bring new life to this iconic building, reconnecting it to the harbor and the neighborhood by creating a unique waterfront experience for Boston.”

image © Cityscape Digital for Pembroke

“In our approach to the Commonwealth Pier’s transformation we have tried to be mindful and meticulous,” said Kristian Ahlmark, Partner and Design Director at Schmidt Hammer Lassen. “We approached the place with curiosity and precision, and carefully assessed what we found important to preserve – both architecturally and culturally. We engaged in a continuous conversation with the building throughout the process, which was done in close collaboration with Pembroke and the many great consultants that have been a part of this journey.”

image © Cityscape Digital for Pembroke

A Dynamic Public Space Schmidt Hammer Lassen’s design of the site includes enhanced outdoor spaces and public amenities, including courtyards, walkways, green spaces, and a grand waterfront plaza. The plaza will become the pier’s central gathering point, providing a flexible outdoor space for year-round activities. It will feature, tree plantings, custom seating, and areas for moveable tables and chairs.

image © Schmidt Hammer Lassen Architects

The Harborwalk, a popular paved pedestrian path along Boston Harbor, runs along the site’s perimeter and views to downtown Boston, East Boston, and the Boston Harbor. There, too, Schmidt Hammer Lassen designed spaces to accommodate custom seating, integrated planters, and outdoor lighting—all of which will allow for a dynamic visitor experience. Niches in the building’s façade will provide additional public seating, shaded areas, and connectivity to retail and dining.

image © Schmidt Hammer Lassen Architects

Preserving Boston’s Maritime Past Schmidt Hammer Lassen’s design intent for Commonwealth Pier is to preserve the building’s unique heritage while making it a highly attractive modern-day destination. The stone arches and cornice of the historic neo-classical headhouse will remain intact. The façade of the building’s northern extension will include exposed columns and column connections from the original structure. With the introduction of curtain wall and other lightweight materials, the building will integrate seamlessly into its neighborhood context.

“When working on an existing structure, the most significant architectural statement is often made through what is left untouched or enhanced. This project has been about unleashing the inherent potential of the building as a natural gathering point and an urban living room of the entire seaport district,” explained Ahlmark.

Commonwealth Pier is Schmidt Hammer Lassen’s second U.S. project. In December 2018, the practice’s mixed-use Monroe Blocks project in Detroit, Michigan broke ground, and in 2020, it announced an expansion into North America in partnership with its parent firm, Perkins&Will.

About Schmidt Hammer Lassen Architects Schmidt Hammer Lassen Architects, part of global architecture and design firm Perkins&Will, is one of Scandinavia’s most recognized and award-winning architectural practices. The company was founded in Aarhus, Denmark in 1986 and is led today by partners Morten Schmidt, Kim Holst Jensen, Kristian Lars Ahlmark, Chris Hardie, Mads Kaltoft, Kasper Frandsen, Elif Tinaztepe, Tiago Pereira, and Sanne Wall-Gremstrup. The firm provides skilled architectural services all over the world, with a distinguished track record as designers of international, high-profile architecture. Cultural and educational buildings, offices, commercial, retail, and residential buildings, often in mixed-use developments and complex urban contexts, are cornerstones of the firm’s output. The practice has extensive global experience in the design of libraries and other public and cultural landmark buildings, and its innovative, sustainable, and democratic approach to architecture has attracted global attention, winning more than 100 national and international awards.

image © Schmidt Hammer Lassen Architects

About Pembroke We’re an international real estate advisor that acquires, develops and manages properties and places – specializing in mixed-use and office environments in the world’s leading cities. Facilitating patient capital of our investors, we take a long-term approach to real estate, investing in global cities with proven long-term growth potential.

We have offices in Boston, London, Munich, Stockholm, Sydney, Tokyo, and Washington DC, and manage approximately 802,000 sq m/8.6m sq ft in North America, Europe, and Asia Pacific. By combining a global point of view with local expertise, we’re able to create and manage world-class properties that deliver the best outcomes for our tenants, investors and the communities in which we work.

image © Schmidt Hammer Lassen Architects

Commonwealth Pier in Boston, Massachusetts – Building Information

Design Architect: Schmidt Hammer Lassen Architects

Building Area: 65,500 sqm Competition: International invited competition, 2017 Status: Construction of Commonwealth Pier is expected to complete in 2024 Client: Pembroke Construction Management: Turner|Janey Executive Architect: CBT Architects Landscape Architect: IBI Placemaking Engineer: Thornton Tomasetti (Structure) and Arup (MEP, Sustainability) Sustainability: Targeting LEED Version 4 Gold Certification

Note! Maritime activity will continue along the pier during and after construction

Visuals: Cityscape Digital for Pembroke and Schmidt Hammer Lassen Architects

Commonwealth Pier, Boston images / information received 261020

Location: Boston, Massachusetts, USA

New Boston Architecture

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Union Point Master Plan, 12 miles south of Boston Design: Elkus Manfredi Architects with Sasaki Associates image © Elkus Manfredi Architects Union Point Master Plan Massachusetts

Eventide Fenway, Boylston Street Design: Kaplan Thompson Architects photograph : Irvin Serrano Eventide Fenway Building

Hydroelectric Canal Proposal Design: Paul Lukez Architecture photo courtesy of The Chicago Athenaeum Hydroelectric Canal Boston Proposal

Perles Family Studio, Jacob’s Pillow Dance, Becket, Massachusetts Design: David Croteau of Flansburgh Architects photo : Robert Benson Photography Jacob’s Pillow Dance Building

Massachusetts Architecture

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Comments / photos for the Commonwealth Pier, Boston page welcome

Website: Boston

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obryanlaw · 4 years ago

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What Is A Probate Attorney And Why Do I Need One?

Life is hard enough when someone you love dies. If you and your family are fortunate enough to inherit an estate, the last thing you need is confusion around who gets what.

This is where an estate or "probate" lawyer can be a tremendous help to your family's situation.

When you lose a loved one, a probate attorney can help manage the lengthy and confusing process of dealing with their estate. Here's everything you need to know.

The Role of Probate Attorney

So what is a probate attorney, exactly? To start with, it helps to understand a little bit about probate law.

Probate law refers to the legal process of distributing an estate's assets. Probate also applies to the court where matters of estate take place. Interestingly, not all of a deceased family member's assets fall under probate law.

Certain assets like IRAs, 401-Ks, and life insurance policies filed under the estate holder's name, are "non-probate." They can't get allocated like other assets without going through probate court.

"Probate" assets such as business interests, jointly or solely-owned assets or trust assets get distributed to beneficiaries as dictated by a will.

Enter the role of the probate attorney.

Also known as an estate attorney, a probate attorney handles wills and estates. From estate planning to advising on the power of attorney, a probate lawyer can play many vital roles.

To start with, you don't have to wait until an estate is in flux to hire a probate attorney. A probate attorney can help you prepare for the future.

Estate Planning

One of the critical tasks of a probate lawyer is to assist in estate planning. If you are fortunate enough to be reading this with a loved one still alive, know that it's never too early to seek the help of an estate attorney.

The three main pillars of estate administration you may want to consider are:

1) Collecting an Estate's Assets

Assets may exist across many different areas. How much of the assets are liquid? Are there assets tied up in real estate, stocks, or other types of investments?

With the help of a probate attorney, you can start to tally up all of the assets that may qualify as probate.

2) Paying Off Debt and Final Expenses

Does your loved one still have debt that will remain after they pass? Is there enough in the estate to cover this debt?

The unfortunate truth is that many people die with debt. Most of the time, the children are not responsible for the debt unless their name was attached to it. Often, the state law will wipe out whatever debt doesn't get settled.

You may inherit far less than you anticipated, so it's important to get a handle on what you can realistically expect as a beneficiary.

On top of debt, an estate may cover final expenses, such as funeral arrangements, estate taxes, and, yes, even a probate attorney's fees.

3) Distributing Assets

Once you establish debt repayment, then comes the ever-important question of who gets what remains of the assets. A probate lawyer can help you with the critical task of drafting a will.

A will may be the single most important legal document in an estate's fair allocation. A will and last testament are a reflection of the benefactor's wishes and vision of how they want their legacy managed.

A well-drafted will can save months--even years--of litigation, as well as the extra burden of family drama that can come when it's unclear how to administer an estate.

At O'Bryan Law, estate planning is our specialty. We can make sure your family gets the security they deserve when the time comes to handle your or your loved one's estate. Our services include:

Will Preparation

Guardianships and Conservatorships

Health Care Proxies and Directives

Asset Protection Advice

Trusts (including trusts for special needs and disabilities)

Living Wills

Durable Powers of Attorneys

A Complementary Checkup on Existing Estate Plans

A Probate Attorney's Role in a Planned Estate

For those fortunate enough to be dealing with a properly-planned estate, a probate lawyer can still provide valuable guidance.

Act As Executor of an Estate

A probate lawyer can assist with "executing" or settling the estate.

Vital matters, such as notifying all of the beneficiaries (including estranged family members) of your loved one's death, gathering and appraising all assets, and procuring a copy of the will, are all part of settling an estate.

Even seemingly mundane matters, like contacting credit card companies, the post office, utility companies, banks, mortgage companies, or other businesses that your family member dealt with are all part of this closure process.

Having a probate lawyer by your side for guidance may be one of the best investments you can make. When it comes to the will, it's best if the lawyer who drew it up maintains a continuous presence so that there is no question as to where it resides or how to interpret it.

Questions regarding assets often become issues for probate court. For example, if an asset, such as a piece of land, remains in the deceased member's name. The law requires a probate court proceeding to transfer the asset to other beneficiaries.

The types of issues requiring probate court can vary by state, so it's essential to have a knowledgeable attorney to help you throughout the probate process. You can find the best probate attorney in Michigan at O'Bryan Law.

Advising Powers of Attorney

Aside from guiding your family through the labyrinth of procedures required to settle an estate, a probate attorney can provide power of attorney advice.

Often granted to a family member, the power of attorney carries the hefty responsibility of fulfilling the will by making sure assets get distributed according to the member's wishes.

A probate lawyer can act as an advisor to whoever plays the part of "agent" of the power of attorney. Carrying out the power of attorney can come with significant stress, especially if there are family members who dispute a will or decide they deserve more than what they were given.

In certain circumstances, a probate lawyer can play the role of mediator, communicating amongst family who may not be talking to each other out of animosity.

Managing an Unplanned Estate

If your loved one did not leave a will, or if you suspect a will was created hastily or without legal counsel, you will need the help of an estate attorney.

If a person dies and leaves no will, the law deems that person "intestate." While each state has its rules on how to deal with intestate cases, you will need the guidance of a probate lawyer to deal with the complications that come with intestacy.

If there is no will to guide the administration of an estate, a probate attorney will play a more significant role in an estate's settlement. However, even if there is a will, it may have been signed under duress.

Unfortunately, some people will take advantage of a loved one's fragile, vulnerable state, mainly if that mental state includes dementia. If there is a suspicion that a family member was pressured or manipulated into signing a will they did not understand, a probate lawyer can examine the will and assess if it is valid or not.

If an estate does have a will, the power of attorney's agent may not want that role. If the power of attorney agent seeks to abandon this responsibility, he or she must officially renunciate it.

There are some limitations to renunciation, though. If a probate court has already granted someone the role of executor or if she already started taking actions to settle an estate, she cannot simply abandon this role.

Renunciation is primarily for people who assumed the power of attorney responsibility during the estate planning stages but may not be able to carry out that role. They may be located elsewhere or otherwise be unfit to do the job.

If you or another beneficiary want to contest your role as the agent of power of attorney, you will need a probate lawyer's counsel to navigate the court process to renunciate.

Guidance At Your Side

Some estate procedures, such as probate court, require legal counsel. Other matters of managing an estate, such as dealing with taxes, debt, and asset allocation, can significantly benefit from the presence of an experienced wills and probate attorney.

If your family expects to need help with managing a loved one's estate, whether they left a will or not, our legal expertise can guide you in the right direction.

Don't think you or your loved one has to be knocking on heaven's door to begin estate planning. The time to start is now. Contact us today to make sure your family gets the peace of mind they deserve.

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blackkudos · 7 years ago

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Valerie Jarrett

Valerie June Jarrett (née Bowman; born November 14, 1956) is an American who was Senior Advisor to the President of the United States and Assistant to the President for Public Engagement and Intergovernmental Affairs in the Obama administration from Jan. 20, 2009 to Jan. 20, 2017. She is a Chicago lawyer, businesswoman, and civic leader. Prior to that she served as a co-chair of the Obama–Biden Transition Project.

Early life and education

Jarrett was born in Shiraz, Iran, to American parents James E. Bowman and Barbara Taylor Bowman. One of her maternal great-grandfathers, Robert Robinson Taylor, was an architect who was the first accredited African American architect, and the first African-American student enrolled at the Massachusetts Institute of Technology.

Her father, a pathologist and geneticist, ran a hospital for children in Shiraz in 1956 as part of a program where American physicians and agricultural experts sought to help developing countries' health and farming efforts. When she was five years old, the family moved to London for a year, later moving to Chicago in 1963. Her parents were both African-American; on the television series Finding Your Roots, genealogical research and DNA testing indicated that Jarrett also has French, Scottish, and Native American ancestry. As a child, Jarrett spoke Persian and French. In 1966, her mother was one of four child advocates that created the Erikson Institute. The Institute was established to provide collective knowledge in child development for teachers and other professionals working with young children.

Jarrett graduated from Northfield Mount Hermon in 1974. She earned a B.A. in psychology from Stanford University in 1978 and a Juris Doctor (J.D.) from the University of Michigan Law School in 1981. On May 22, 2016, Jarrett received an honorary degree from Colby College in Waterville, Maine.

Career

Chicago municipal politics

Jarrett got her start in Chicago politics in 1987 working for Mayor Harold Washington as Deputy Corporation Counsel for Finance and Development.

Jarrett continued to work in the mayor's office in the 1990s. She was deputy chief of staff for Mayor Richard Daley, during which time (1991) she hired Michelle Robinson, then engaged to Barack Obama, away from a private law firm. Jarrett served as commissioner of the department of planning and development from 1992 through 1995, and she was chairwoman of the Chicago Transit Board from 1995 to 2005.

Business administration

Until joining the Obama administration, Jarrett was the CEO of the Habitat Company, a real estate development and management company, which she joined in 1995. She has been replaced by Mark Segal, a lawyer who joined the company in 2002, as CEO. Daniel E. Levin is the chairman of Habitat, which was formed in 1971. Jarrett was a member of the board of Chicago Stock Exchange (2000–2007, as chairman, 2004–2007).

She was a member of the Board of Trustees of the University of Chicago Medical Center from 1996 to 2009, becoming vice chairwoman in 2002 and chairwoman in 2006. She also served as Vice Chairwoman of the Board of Trustees of the University of Chicago and a Trustee of Chicago's Museum of Science and Industry. Jarrett serves on the board of directors of USG Corporation, a Chicago-based building materials corporation.

Jarrett's previous year's income, in a 2009 report, was a $300,000 salary and $550,000 in deferred compensation from the Habitat Executive Services, Inc. The Wall Street Journal also reported that she disclosed receiving payments of more than $346,000 for service on boards of directors that reflect her political ties, work in Chicago real estate, and Chicago community development. She was paid $76,000 for service as a director of Navigant Consulting, Inc., a Chicago-based global consulting group with governmental clients. She received $146,600 from USG and $58,000 to serve on the board of Rreef American REIT II, a real estate investment trust based in San Francisco. The Chicago Stock Exchange, Inc., paid her $34,444.

Advisor to Barack Obama

Jarrett was one of President Obama's longest serving advisors and confidantes and was "widely tipped for a high-profile position in an Obama administration."

On November 14, 2008, President-elect Barack Obama selected Jarrett to serve as White House Senior Advisor and assistant to the president for intergovernmental relations and public liaison.

Jarrett was one of three senior advisors to President Obama. She held the retitled position of assistant to the president for intergovernmental affairs and public engagement, managed the White House Office of Public Engagement, Office of Intergovernmental Affairs, and Office of Urban Affairs; she also chaired the White House Council on Women and Girls and the White House Office of Olympic, Paralympic, and Youth Sport. She was part of the US State Visit to the UK in May 2011.

She said that the 2011 report Women in America, which the administration produced for the Council on Women and Girls, would be used to guide policy-making.

Jarrett had a staff of about three dozen and received full-time Secret Service protection. Jarrett's role as both a friend of the Obamas and as senior advisor in the White House was controversial: Robert M. Gates, former Secretary of Defense, objected in his memoirs to her involvement in foreign security affairs; David Axelrod reported in his memoirs Rahm Emanuel's attempts to have her selected as Obama's replacement in the Senate, due to concerns about the difficulty in working with a family friend in a major policy role.

Additional leadership positions

In addition to being senior advisor to the president, Jarrett held other leadership positions and completed further duties. Among those included chairing the White House Council on Women and Girls and co-chairing the White House Task Force to Protect Students from Sexual Assault.

Relationship with President Obama

In 1991, as deputy chief of staff to Mayor Richard Daley, Jarrett interviewed Michelle Robinson for an opening in the mayor's office, after which she immediately offered Robinson the job. Robinson asked for time to think and also asked Jarrett to meet her fiancé, Barack Obama. The three ended up meeting for dinner. After the dinner, Robinson accepted the job with the mayor's office. It was at this time that Jarrett reportedly took the couple under her wing and "introduced them to a wealthier and better-connected Chicago than their own." When Jarrett later left her position at the mayor's office to head Chicago's Department of Planning and Development, Michelle Obama went with her.

In popular culture

Along with Donna Brazile, vice chairwoman of the Democratic National Committee, she is one of the real-life political figures to cameo as herself in the CBS drama The Good Wife.

Personal life

In 1983 Jarrett married William Robert Jarrett, son of Chicago Sun-Times reporter Vernon Jarrett. She attributes her switch from a private to a public career to their daughter Laura's birth and her own desire to do something that would make their daughter proud.

To one reporter's emailed question about her divorce, she replied, "Married in 1983, separated in 1987, and divorced in 1988. Enough said." In a Vogue profile, she further explained, "We grew up together. We were friends since childhood. In a sense, he was the boy next door. I married without really appreciating how hard divorce would be." William Jarrett died in 1993 at age 40, and at the time of his death was director of obstetrics and gynecology at Jackson Park Hospital.

Wikipedia

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fuckyeamia-blog · 5 years ago

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Internet marketing terms

If you use this image in any way, shape or form, please give credit to: joshmacdonald.net

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Tagged: , internet , marketing , business , blogging , seo , search , engine , optimization

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sahararealestate · 5 months ago

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dominionra · 4 months ago

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DOMINION REPRESENTS LANDLORD IN 6,041 SF INDUSTRIAL LEASE IN LIVONIA, MI

Bingham Farms, MI (July 2024) - David Giltner Senior Vice President of Brokerage at Dominion Real Estate Advisors, LLC (DRA) successfully represented the Landlord in a 6,014 SF Industrial lease at 11859 Levan Road in Livonia, Michigan. The Tenant, Diamond Technical Services is an inspection, technical services, and engineering consulting company originally based out of Detroit. Alex Timmis and Christopher D'Angelo of Signature Associates in Southfield represented the Tenant in this transaction.

ABOUT DOMINION REAL ESTATE ADVISORS

For more information, please visit:

LinkedIn: https://www.linkedin.com/company/dominionra

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#recent transactions

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addictionrecoveryassistance · 6 years ago

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saxllp · 6 years ago

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Sax LLP Names Five New Additions to the Firm’s Expanding Partner Group

Clifton, NJ, January 9, 2019 — Accounting, tax and business advisory leader, Sax LLP, is proud to announce their next generation of firm leaders with the promotion of four Senior Managers and one Director to the position of Partner.

The following advisors will join an impressive management team at Sax which is now comprised of 32 Partners, effective January 1, 2019: Megan Sartor, Stephen J. Ehrenberg, William R. Happe, Melissa L. O’Shea, and Jason Borofsky.

“We are thrilled to welcome these talented advisors as partners of the firm and have the utmost confidence they will accelerate our goals for the future,” said Joseph A. Damiano, Managing Partner of Sax LLP. “These individuals collectively and individually embody our core values and philosophies and have met the firm’s high standards for client service time and time again. We are extremely proud of their professional achievements, and we look forward to their continued contribution to our firm’s success.”

Meet Sax’s Newest Partners

Megan Sartor, CPA/ABV/CFF has almost a decade of experience in the areas of business valuation, forensic accounting and litigation support, and now leads the firm’s Valuation, Forensic, and Litigation Practice as Partner-in-Charge. Her work in litigation support includes matrimonial matters, shareholder disputes, and forensic investigations, among others.

Megan is accredited by the American Institute of Certified Public Accountants in the area of business valuation (ABV). She is certified in Financial Forensics (CFF) by the AICPA and has been trained in the area of Collaborative Law, an alternative dispute resolution model to resolve conflict during a divorce. She has also completed 40 hours of mediation training in family law cases.

Megan is an active member of the American Institute of Certified Public Accountants, she sits on the Board of Trustees for the New Jersey Society of Certified Public Accountants, and sits on the Board of Directors for the Collaborative Divorce Association of North Jersey.

Megan is a Certified Public Accountant in New Jersey. She has received the “Women of Note” from the NJSCPA and was recognized as a “40 Under Forty” professional from the National Association of Certified Valuation Analysts. She obtained both her Bachelor and Master of Science degree in Accounting from Fairleigh Dickinson University.

Stephen J. Ehrenberg, CPA, MBT is based in the firm’s New York City office and is focused on the Manufacturing & Distribution industry. Stephen specializes in helping individuals and businesses make sound tax and financial decisions, providing 19 years of industry expertise in the areas of corporate, pass-through and individual tax compliance and consulting, as well as accounting for income taxes.

Prior to joining Sax LLP, Stephen was a tax partner at BDO USA LLP. Additionally, Stephen has public accounting experience both at the Big 4 and regional firm level.

Stephen is an active member of the American Institute of Certified Public Accountants and the New York Society of Certified Public Accountants. He obtained his Bachelor’s degree in Literature, Sciences & Arts from the University of Michigan and received his Master’s Degree in Business Taxation from the University of Southern California.

William R. Happe, Jr., CPA primarily focuses on the Construction and Manufacturing & Distribution industries, and specializes in industry-specific review, audit and compilation services. Bill also assists with Employee Benefit Plan audits and oversees audit and compliance procedures for many of the firm’s largest engagements.

Within the firm, Bill is responsible for managing client relationships, supervising staff members and leading internal development initiatives and training programs to ensure the professional growth and industry expertise of team members at various staff levels.

Bill is an active member of the Surety Association of New Jersey, the Construction Financial Management Association – NJ Chapter, the New Jersey Subcontractors Association, and NAIOP New Jersey

Bill is a Certified Public Accountant in New Jersey. He obtained both his Bachelor’s and Master’s degree in Accounting from Fairleigh Dickinson University.

Melissa L. O’Shea, CPA is a key member of the firm’s Construction Practice and assists clients with accounting, auditing and financial services that are unique to the industry. Her areas of expertise include attest engagements, bonding capacity and bank line consulting, accounting software consulting, cash flow and profitability improvement in addition to other advisory services.

Within the firm, Missy is charged with the internal training of younger members of the firm’s Construction niche group and is responsible for educating them on the specific rules, regulations and challenges facing the industry. Missy also ensures efficient client service and overall staff development as business advisors that aligns with the firm’s high standards.

Missy is an active member of the Surety Association of New Jersey where she serves as Treasurer, and the New Jersey Society of Certified Public Accountants.

Jason Borofsky, CPA is a key member of the firm’s Real Estate Practice and has provided industry-specific accounting, auditing, tax and consulting services to property owners, developers, and investors for 13 years.

Jason is an active member of the Urban Land Institute of Northern New Jersey, NAIOP New Jersey Chapter, the New Jersey Apartment Association and the New Jersey Society of Certified Public Accountants

Jason is a Certified Public Accountant in New Jersey. He obtained his Bachelor’s degree in Accountancy from the College of New Jersey and received his Master’s degree in Business Administration from Montclair State University where he was inducted into the Graduate Honor Society.

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