Tyler Law Blog

May 23, 2023

here is no doubt that churches and ministries are vital pillars to their communities. However, local governments have not always been welcoming to this reality. While municipalities have the right to regulate zoning ordinances for the general welfare of their citizens, some municipalities have utilized zoning ordinances and land use regulations to discriminate against or be hostile to houses of worship.

April 28, 2023

One of the primary differences between a common law trademark and a federal registered trademark is the level of protection they provide.

April 28, 2023

AB 506 creates the standard of care in California for youth service organizations, including the large majority of churches and ministries, to take reasonable steps to address the risks of child abuse and neglect.

April 28, 2023

 What are easements and why are they important? Given so many Americans have so much of their value tied up in real property, it is critical for any buyers of real estate to be aware of the different types of easements, as well as to be aware of how to make sure your property is not subject to an easement.

March 30, 2023

California Association of Realtors® (or “C.A.R”) appears to be making a calculated push to try and clarify and organize what can be one of the most contentious areas of real estate practice; procuring cause disputes. In the often-complex back-and-forth between buyer-brokers and seller-brokers, disputes over which broker actually initiated the chain of events which led to the final sale of the property also leads to disputes as to which broker is properly entitled to the commission.

March 22, 2023

In September 2021, the 9th Circuit initially upheld parts of the law (AB 51) banning mandatory arbitration agreements as condition of employment in California. However, in a surprising twist, the 9th Circuit then withdrew its original opinion and reheard the case last year.

February 28, 2023

Real estate law is everchanging and recently there have been a few important court decisions real estate professionals should be aware of. Here’s a quick summary of the decisions made regarding Independent Contractor Status, redlining (explicit and implicit), and Department of Justice investigations of rules and policies.

February 23, 2023

In late 2022, Governor Gavin Newsom signed into law two bills affecting civil law and procedures in the California courts. The two bills are Assembly Bill (“AB”) 2961 and Senate Bill (“SB”) 1200 which deal with Electronic Filing & Service and Enforcement of Judgements. Let’s review the important changes coming from these bills that became active law on January 1, 2023.

February 17, 2023

The Minister’s Housing Allowance, also known as a parsonage or rental allowance, is a substantial tax benefit provided to qualifying ministers based on Section 107 of the Internal Revenue Code (IRC).

January 10, 2023

With each new year comes new and revised evolutions to existing real estate laws. This article intends to provide a brief overview of some of the changes taking place in the laws governing California Real Estate.

December 27, 2022

At the start of 2023, numerous new laws and regulations will take effect. This article will provide a brief description of some of these new laws and regulations that will affect employers in California as of January 1, 2023.

December 20, 2022

This newsletter notes revisions to existing forms, which render old versions of the forms out of date. There are also a number of forms that are completely new.  We have divided the newsletter into 2 parts, first addressing forms related to purchase transactions and second, forms related to rental and lease agreements.

November 2, 2022

When operating a church, it is important to understand what is required for a church to acquire distinct legal existence for federal tax purposes. Should a Church Apply for 501(c)(3) Exemption Status, and Should it Operate as a Corporate Entity?

October 25, 2022

The Web Content Accessibility Guidelines (WCAG) 2.1 are broken down into Four Principles of Accessibility: Perceivable, Operable, Understandable, & Robust.

May 25, 2022

The right for employers to compel arbitration of employee claims was restricted under the Federal Arbitration Act (“FAA”) when President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”).

April 5, 2022

in 2021, Gonzalez v Mathis (“Gonzalez”) stabilized the law in California that governs a hirers’ limited liability to independent contractors.

February 28, 2022

The California legislature passed a number of new laws that Real Estate Brokers and Agents should be aware of as the industry moves into the new year.

February 23, 2022

Cal/OSHA’s Emergency Temporary Standards (ETS) on COVID-19 Prevention require employers to exclude employees from the workplace under certain circumstances. While the employee is excluded, their employer must maintain their pay and benefits.

December 16, 2021

This post covers other recent law changes affecting how business operators conduct themselves. Business owners across the State of California should start contemplating their approach to dealing with and complying with these significant new requirements. All new laws go into effect January 1, 2022 unless otherwise noted.

December 8, 2021

The CARES Act provided for a 120-day eviction moratorium for all properties in the U.S. that were involved in federal assistance programs or that were taking advantage of federally backed loans. This limited moratorium on evictions ended in July, 2020, and Congress did not renew it or pass any other bill authorizing the approval of such action. However, the moratoriums did not stop then.

November 24, 2021

A case the California Supreme Court ruled on this summer, Ferra v. Loews Hollywood Hotel, LLC, adopted a new standard for calculating premium pay for noncompliant meal, rest and recovery periods and will be discussed further below.

October 29, 2021

In the past, it was incredibly difficult for most employees to obtain workers compensation benefits for infectious diseases. However, executive orders and state laws have made it much easier to qualify for workers' comp if you get COVID-19 while working.

October 27, 2021

As many companies are returning back to in person work, but still require COVID-19 testing, employees may wonder what compensation they are entitled to if they are forced to stay out of the office because of COVID-19.

September 29, 2021

COVID-19 vaccination policies are perceived as opportunities to get ministries back to “normal” and to get employees back to work. However, such a policy comes with risk and pitfalls for the employer.

September 23, 2021

When most people think of the Beneficiaries of their estate they think of their family and friends. But a Beneficiary can be any person or entity you choose to leave money or assets to. This can include nonprofit organizations and charities.

August 13, 2021

The following article is merely an informational statement of existing state masking guidelines for K-12 schools and not an endorsement of their validity or veracity. Tyler Law alongside Advocates for Faith and Freedom are actively challenging masking regulations throughout the state on behalf of various students and schools.

August 11, 2021

Orange County Board of Education and Children’s Health Defense filed a Petition for Writ of Mandate directly in the California Supreme Court on Tuesday afternoon asking the Court to declare an immediate end to Governor Newsom’s declared State of Emergency, based on his own words.

August 11, 2021

Orange County Board of Education and Children’s Health Defense filed a Petition for Writ of Mandate directly in the California Supreme Court on Tuesday afternoon asking the Court to declare an immediate end to Governor Newsom’s declared State of Emergency, based on his own words.

July 30, 2021

Housing is a necessity for life. It is no wonder that the Government protects individuals from discrimination that would keep them from obtaining this necessity. A good knowledge of each applicable law will keep REALTORS® out of trouble.

July 30, 2021

When starting a business, there are a few different ways to form an entity. The type of entity a business forms is based on how their business is set up to operate, who is involved and what type of tax treatment the business desires. Deciding which business entity to form is an important step to start a business and entrepreneurs need to understand pros and cons of each type of entity.

July 21, 2021

Many self-services like LegalZoom.com offer incredibly cheap and automated options for creating important documents like living trusts. However, as with all things in life, you get what you pay for.

July 6, 2021

There are many reasons why employers may wish to mandate a COVID-19 vaccination for their employees. However, there are many reasons why employers may only wish to encourage employees to be vaccinated while stopping short of making it mandatory.

July 2, 2021

The California Association of REALTORS® (C.A.R) has released its list of new and revised forms. This list includes 2 new forms and 9 revised forms.

June 9, 2021

On May 21st, the California Department of Public Health (“CDPH”) released its plan to fully reopen the economy effective June 15th. While this is great news, there are still some small wrinkles and exceptions in the reopening plan that you and your business should be aware of.

June 3, 2021

As one can imagine, the Firm gets lots of calls relating to agent “liability.” Today we discuss the tort of negligence as it applies to real estate agents.

May 27, 2021

After fifteen months of pandemic restrictions, California plans to reopen its economy on June 15, 2021. While the full extent of this reopening is still unknown, businesses can still prepare and equip themselves for a successful reopening in three ways.

May 19, 2021

COVID-19 vaccination policies are perceived as opportunities to get businesses back to “normal” and to get employees back to work. However, these policies do come with risk.

April 30, 2021

The Occupational Safety and Health Administration (“OSHA”) regularly issued new guidelines throughout 2020 and into the start of 2021 aimed at mitigating the risks of COVID-19 in the workplace. On January 29, 2021, OSHA issued a comprehensive executive summary of COVID-19 precautions employers should take.

April 28, 2021

In order to sweeten offers, in the multiple-offer situations, many buyers are waiving all or most of the contingencies set forth in the standard C.A.R. Residential Purchase Agreement (RPA). While this practice is perfectly legal, there are a number of potential concerns to be aware of.

April 19, 2021

The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.

April 5, 2021

One new piece of legislation coming into effect is AB-15 or the COVID-19 Tenant Stabilization Act of 2021. Below, we have provided a chart that highlights FIVE important areas of California law that AB-15 will change when it comes into effect.

March 31, 2021

Under the new ABC test, the employer must prove a worker satisfies three conditions if it desires to treat the worker as an independent contractor.

January 26, 2021

Last year, California voters passed Proposition 19. Proponents of this law hope that it will stimulate the housing market by encouraging more people, especially Seniors (55+), to buy real estate.

January 20, 2021

As with any year, laws change, best practices change, and your policies and procedures likely need to change with them. Here are five things every business owner should revisit at the start of this year to make sure your operations are above board.

January 5, 2021

On Monday, January 4, 2021, Primary Law Group, P.C., and co-counsel, Tyler & Bursch, LLP, filed a Complaint for Declaratory and Injunctive Relief in the U. S. District Court, Central District of California on behalf of Election Integrity Project® California and ten California Congressional candidates, James P. Bradley, Aja Smith, Eric Early, Alison Hayden, Jeffrey Gorman, Mark Reed, Buzz Patterson, Mike Cargile, Kevin Cookingham, and Greg Raths.

January 5, 2021

On Monday, January 4, 2021, Primary Law Group, P.C., and co-counsel, Tyler & Bursch, LLP, filed a Complaint for Declaratory and Injunctive Relief in the U. S. District Court, Central District of California on behalf of Election Integrity Project® California and ten California Congressional candidates, James P. Bradley, Aja Smith, Eric Early, Alison Hayden, Jeffrey Gorman, Mark Reed, Buzz Patterson, Mike Cargile, Kevin Cookingham, and Greg Raths.

December 30, 2020

While Estate Planning should be at the top of everyone’s to-do list, it can be an overwhelming topic to dive into. To help you get situated, below are some important terms you should know as you think about your own estate plan.

December 29, 2020

After arranging your accounts and property with an attorney, it is easy to assume that you have checked estate planning off of your list forever. The reality is not so simple. Not only do tax laws frequently change, but so does your life.

December 16, 2020

The California legislature passed a series of new laws which real estate brokers and agents should be aware of as the industry moves into the new year.

November 30, 2020

There are many important considerations to keep in mind as you decide whether to form an LLC to hold your real estate. Here are a few things to think about to help you make the best decision for your unique circumstances.