Volume 23 | April 2022
Attorney Spotlight
Susan A. Spiker is a litigation associate attorney with our firm. Since joining our firm in 2016, Ms. Spiker has been an integral part of our wildfire litigation team, leading the fight against California utilities PG&E and SoCal Edison, both of which continue to put profits over the safety of California residents. 

Ms. Spiker earned her B.A. in Legal Studies from the University of California, Santa Cruz, where she was a Regent’s Scholar. She received her J.D. from the University of California, Hastings College of the Law with a concentration in civil litigation. During law school, Ms. Spiker served as president of Homeless Legal Services, the only free warrant defense clinic in San Francisco, and was honored at graduation for her dedication to pro bono services. While at Hastings, Ms. Spiker also successfully represented clients in administrative appeals, and served as a mediator for San Francisco Superior Court Small Claims Department.
Employment Law Updates

Form I-9 Alert: Policy Allowing Expired Documents Scheduled to End

The U.S. Department of Homeland Security (DHS) is ending its temporary COVID-19-related policy of allowing employers to use expired List B identity documents for I-9 purposes.

Beginning May 1, employers will no longer be able to accept expired identity documents when verifying an employee's work eligibility on Form I-9. In addition, employers are required to update—by July 31—the I-9s of current employees who presented expired List B documents between May 1, 2020, and April 30, 2022. List B identity documents include driver's licenses and state ID cards.

The DHS announcement comes with a new directive, however. Employers are required to update—by July 31—the I-9s of current employees who presented expired List B documents between May 1, 2020, and April 30, 2022.
According to DHS:

  • If the employee who presented an expired List B document is still employed, he or she must provide an unexpired document that establishes identity. "This could be a renewed version of the expired List B document that was previously presented, a different unexpired List B document, or an unexpired List A document [such as a U.S. passport or permanent resident card] that establishes both identify and work authorization,".
  • If the employee is no longer employed by the company, no action is necessary. In addition, no action is required if a List B document was auto extended by the issuing authority.

OSHA: Some Workplace Commuting Injuries Must Be Recorded

Injuries that occur during normal commutes have long been held to not be recordable on Occupational Safety and Health Administration (OSHA) logs, but some travel injuries that involve a commute are now recordable, according to an OSHA letter of interpretation. You can find the OHSA letter of interpretation here.

The letter identifies employee travel situations that are exceptions to the long-standing OSHA interpretation that injuries during an employee's normal commute to and from home and the workplace are not work-related.

Normal commuting under the employee's control is not a work environment for purposes of OSHA. OSHA's letter "points out that some employee travel is either done in the interest of the employer or as a condition of employment. Such travel is not considered commuting and is considered a work environment for OSHA purposes."

Any injuries resulting from an accident during an additional, nonroutine return to the workplace and back home again afterward would be work-related and recordable on the OSHA 300 logs.

The OSHA 300A is the annual summary of all recordable work-related injuries and illnesses that occurred at an establishment, including the total number of cases, the total number of days employees spent away from work or on restriction, and specific injury and illness types from the OSHA 300 log. The OSHA 300A annual summary must be posted at each establishment in a conspicuous place from Feb. 1 to April 30.

For advice or assistance with your employment law needs, please contact a member of our employment law team: Amanda L. RiddleSteven M. Berki or Sumble Manzoor.
Stay Tuned for Further Developments Regarding Property Taxes...

As many predicted, the Howard Jarvis Taxpayer Association has begun circulating petitions to qualify a voter property tax initiative for the November 2022 ballot. If passed by California voters, the initiative would undo the unpopular portion of Proposition 19 that greatly restricted reassessment exclusions for real property transfers between parents and children, and restore the benefits of Propositions 58 and 193 to the state constitution. Instead of exempting $1 million in assessed value of property other a primary residence from reassessment, the Repeal the Death Tax Act would exempt $2.4 million in taxable value of such property, as well as exempting a home of any value from reassessment. (A primary residence would not count toward the $2.4 million limit.) The $2.4 million figure would be adjusted annually for inflation.

As always, we’re happy to help answer any questions on how these tax initiatives may impact you or discuss any other concerns you may have with your current estate. Please do not hesitate to contact a member of our estate planning team: Stevan N. LuzaichEdward A. DanielsAndrea A. NguyenDallas E. Dean, or Alyssa S. Yoshida.
Community Spotlight

LifeMoves (formerly InnVision Shelter Network) was founded in 1987 to provide a comprehensive coordinated network of housing and social services for the homeless residents of the San Francisco Peninsula. It now has six17 transitional housing programs/facilities from Daly City to San Jose, more than 40 full-time staff, and hundreds of volunteers. LifeMoves is the Peninsula’s principal provider of housing and support for homeless families and individuals. It provides over 100,000 nights of shelter and serves more than 3,000 homeless adults and children every year. Over 80% of families and 65% of single adults who complete LifeMoves programs succeed in returning to permanent homes of their own. Amanda L. Riddle serves on the board of directors of LifeMovesGeorge Corey and Stevan N. Luzaich are past board members.
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