Food For Thought, Inpsiration, Journal

Wrapping up January 2018

It feels as if I just celebrated the end of last year and now one month in 2018 has passed. More and more often, the months go by and I struggle to maintain or create new habits and it hits me that as long as I strive to be the best version of myself, I cannot worry about what is pending. It is a constant reminder to love the moment, and not allow my mind to make up a story of how things really are. It is easy to slide into negativity or despair, or take each moment for what it is and keep working at it.

It is easy to criticize and berate myself that I didn’t eat as healthy as I wished, didn’t work out as many times or failed to get more clients, or allow myself breathing room and accept that so much of life is out of my control and that all I can do is be the best version of myself, put my foot forward and take a step towards being myself. In these quiet moments, when I slow down, my mind also slows and does not barrage me with how much I am NOT getting done.

I breathe. I contemplate. I make to do lists. I put it all in a physical form, and then I feel myself loosen, and instead of dread I meet the week with anticipation.

Happy Monday all!

Legal

Why Partnerships Should Have an Operating Agreement;Legal Reasons #65

Operating Agreements are necessary for businesses partnerships as they establish the management and operations of the partnership. This is a necessary legal document for your business to get future protection if the partnership breaks down for some reason.

An Operating Agreement is different from Bylaws  which are necessary for Corporations  that set out the basic rules for operating one’s corporation.

Bylaws are not filed with the state and your corporation is not legally required to have corporate Bylaws, but you should have Bylaws because it establish your corporation’s operating rules, and help show banks, creditors, IRS, and others that your corporation is legitimate.

An Operating Agreement defines each member’s rights, powers, and entitlements. Operating Agreement includes capital accounts, membership interest, distributions of profit and allocated tax responsibility, etc.

This internal document is an agreement set by the members that contains provisions for important items and rules that run the company. Operating agreements can be changed at any time by the company members or managers.

While you can find templates of Operating Agreements online, these templates do not reflect any specific agreements that you have with your partners and may often be missing sections that will act as great protection for you long-term.

Most template Operating Agreements are really not comprehensive. If you have partners, you want something that is customized to your business and your needs because this document can be very crucial in case one of the partners wants to sell his or her shares or dies. This document will also come in handy if you have disputes with your partners.

If you’re starting a business, my office drafts Operating Agreements and makes sure that they are customized to exactly what you need and I also ensure that you understand this agreement.

Family, Food For Thought, Inpsiration, Journal

Birthday Thoughts

I love the morning quiet. Especially one start starts with a birthday. It gives me time to reflect and it helps that it is in the first month of the year. As each year passes, I become more aware of how blessed I am with the life given to be me. It motivates me to not waste time complaining about what I don’t have.

As I slowly recover from my jet lag, I am still struck by the amazing trip to India, and how well we were treated by family. More and more I fall in love with a country I made fun of at one point or another in my life. Sure, it has its limitations, but when there are people who genuinely make you feel care about, all the negativity falls away. I never thought I would think of going to India as a good time, yet already I am missing it since being back on Thursday.

With each birthday, I see more possibility and realization that constant change is life.  I not only get physically older but also am reminded that each new day is a gift to do either tasks or to live a life of possibility. There is no right or wrong way, but I am determined to spend less of it in regret and more of it in appreciation. Here’s to another year done, and more to come.

Food For Thought, Inpsiration, Journal

Breathing in Gratitude

2018 has already shown itself to be a formidable. More than a few around me are dealing with health issues, and is a constant reminder to love the moments I have with loved ones.  It is never easy to accept that the easiest way to make God laugh is to make plans for life. So I continue to breathe in gratitude and remind myself that so much of life is transitory and only what I decide to hold on will remain. That means spending quality time with loved ones and others that bring you joy. Remembering that work is a means to an end not the entire thing. That each moment I spend in judgement rather than gratitude means less love.

As I near the end of my trip in India. I am struck with how much perspective distance can provide. I began 2018 with lots of resolutions, but forgot that while that’s great, it is important to also have the  why. As my loved ones deal with difficult times, it is a reminder to not lose sight of the truly important in life. So I begin today by breathing in gratitude, and being present in the moment.

employment law, Legal

New California Employment Laws: Legal Reasons #64

  • Stop asking about salary history – AB 168 bars employers from asking job applicants about their previous salary. The legislation’s goal is to narrow the gender gap by preventing employers from basing offers on prior salary and thus, presumably, perpetuating historical discrimination. This will also remove the perceived gap in negotiating power between an employers and employees who must disclose their prior salary. Employers should ensure that their job applications don’t seek prohibited information and that those interviewing applicants know not to ask these questions.
  • More employers must offer parenting leave – SB 63, officially titled the Parental Leave Act, requires employers with between 20 and 49 employees to offer parenting leave that mirrors the Family Medical Leave Act. The new Act allows employees who work for a covered employer to take 12-weeks of unpaid, job-protected leave if they have worked a minimum of 1,250 hours in the 12-months prior to taking leave.  Employees can take leave only for the purpose of bonding with a newborn child, adopted child or foster child within a year of the birth or placement. Covered employers will also need to maintain health coverage under the same terms as an active employee. The Act also prohibits discrimination and retaliation against an employee for taking parental leave.The Parental Leave Act does not require employers to pay any portion of the leave but requires that employees be able to use accrued sick and vacation time. Employees can apply to have a portion of the parental leave paid for through the state’s Paid Family Leave program.  As we’ve previously explained, San Francisco requires some employers to pay a remaining portion of parental leave.
  • Expanded harassment training – California requires at least biannual harassment training for supervisors in companies with 50 or more employees. Having given a dozen sessions of the  training in the last month, I can assure you that there’s no shortage of material to talk about. But as of January 1, 2018, SB 396 requires that the training include information on gender identity, gender expression, and sexual orientation. If your handbook doesn’t specifically prohibit discrimination and harassment on those bases, you’re overdue for a revision.
  • Ban the box – Following the leads of San Francisco and Los AngelesAB 1008prohibits employers with five or more employees from:
    • Asking on employment applications about criminal convictions;
    • Asking applicants about criminal convictions before making a conditional offer of employment;
    • When conducting background checks on applicants, considering, distributing, or disseminating information about prior arrests not leading to conviction, participation in diversion programs, or convictions that have been sealed, dismissed, expunged, or otherwise nullified.

Employers who wish to rely on criminal conviction information to withdraw a conditional job offer must notify the applicant of their preliminary decision, give them a copy of the report (if any), explain the applicants right to respond, give them at least five business days to do so, and then wait five more business days to decide when an applicant contests the decision. There are exceptions for employers who operate health facilities hiring employees who will have regular access to patients or drugs.

  • Minimum wage increases – On January 1, 2018, the California state minimum wage goes up to $11.00 per hour for businesses with 26 or more employees and $10.50 per hour for smaller companies. The inimitable Sahara Pynes discusses which cities are raising their minimum wages here.
Family, Food For Thought, Inpsiration, Journal

Leaving 2017 for 2018

As I sit here in India in the morning quiet, I think about what it is that I wish from 2018.  A lot of the resolutions I began and continued. I am proud of all that I accomplished, yet there is a deep hunger inside me that tells me there is so much more I can do. I want to continue being uncomfortable, continue doing things I never did before, continue my vision to be a published author, a successful law firm, and finally get to the bane of my fitness existence; the pull up.

I love the new year because it is a reminder that as with all ends, there is always a beginning, a change to do over or commit to new chapters in my life. There is so much to do, but it is not just for the sake of doing but to leave a legacy, to leave the place better than I found it.

As I left 2017, surrounded by some family, my thoughts went to my dad and aunt, and excitement at seeing my family in India very soon. It is fitting that I am in a country that gives me so much joy, feels familiar and unfamiliar at the same time, and reminds me of my history. I am reminded of my blessings, and I am full of gratitude for all that I have in my life. I leave 2017 sadder but stronger, and I begin 2018 with hope and gratitude.

Happy Monday and 2018 all!