Tuttle & McCloskey, PC Tuttle & McCloskey, PC 2025-03-31T12:41:56Z https://www.tuttleandmccloskey.com/feed/atom/ WordPress /wp-content/uploads/sites/1201975/2020/04/cropped-site-identity-32x32.png On Behalf of Tuttle & McCloskey, PC <![CDATA[5 common estate planning mistakes you’ll want to avoid]]> https://www.tuttleandmccloskey.com/?p=49966 2022-04-21T18:12:51Z 2022-04-21T18:12:51Z numerous other mistakes can affect someone's legacy and diminish the protection that estate planning offers. Only thinking about your death A will or trust is a valuable document, but it is far from the only protection that you require. You never know when you could suffer an aneurysm or get injured at work and wind up in a coma. Powers of attorney and advance healthcare directives are valuable inclusions in estate plans that many people forget. Giving children or troubled family members direct inheritances A will makes it easy to bequeath specific belongings to specific people. You may want most of your property to pass to your children when you die. However, when your children are still minors or when they have a history of dangerous or irresponsible behavior, like drug use, a direct inheritance may do more harm than good. They could wander it on a dangerous binge. Minors left an inheritance may watch their guardian squander the property you wanted them to receive. Moving that property into a trust prevents a beneficiary from misusing it or the future guardian of your children from wasting that inheritance.  They don't address residual property No matter how thorough you try to be, there will inevitably be assets that you didn't move into your trust or include in your will. Adding a clause to your estate plan that addresses the residual property in your estates will clarify what should happen with the remainder of your assets. They leave contradicting instructions All of your estate planning documents should support one another. If you don't review and update all of the document at the same time, you could create plans that contradict each other. Making sure that all of your beneficiary designations and documents match is important when you create a thorough estate plan. Learning from the most common estate planning mistakes other people make can help you create the most effective plan for your needs.]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[Can workplace sexual harassment come from below?]]> https://www.tuttleandmccloskey.com/?p=49963 2022-04-15T19:34:18Z 2022-04-15T19:34:18Z You’re a woman who has never let anything stand in the way of her goals, and you’ve finally reached a well-earned position of authority in your company. Now that you’re “the boss,” does that mean you no longer have to worry about sexual harassment? Not at all. In fact, you may have just become a target.

Women in leadership roles experience more sexual harassment than ordinary workers

A study that looked at the experiences of women in the United States, Sweden and Japan found striking similarities in the reports of sexual harassment. Women in positions of authority were anywhere from 30% to 100% more likely to be sexually harassed than women who weren’t. Intuitively, it seems like that should be the other way around – until you realize that sexual harassment is about power, not sex. Those inclined to weaponize their sexuality may:
  •     Resent the idea that a woman has been placed in a leadership position over them
  •     Believe that the position is undeserved, that the woman is merely “filling a quota”
  •     Want to assert their dominance in some way over their female boss
  •     Get a thrill out of the idea that their female boss may hide what happened over fears of what the publicity would do to her reputation and career
  •     Know that a female boss may be reluctant to disclose sexual harassment by a subordinate because they don’t want to appear weak or incapable
It’s only speculation, but researchers believe that stereotypes about women bosses and the fact that women executives are breaking old-fashioned gender norms do play a part in putting a target on their backs for harassment. If you’ve experienced workplace harassment at any level, find out what steps you can take to protect your future.]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[2 reasons to add an advance medical directive to an estate plan]]> https://www.tuttleandmccloskey.com/?p=49960 2022-03-31T20:08:07Z 2022-03-31T20:08:07Z Advance medical directives are among the most important documents people can include in their estate plans. Your directive lets you decide now what health care you receive in the future. There are two compelling benefits to putting an advance directive in place now while you are healthy and able to make legally binding decisions.

Your ethics and preferences determine your care

When you do not leave any guidance for medical care providers or family members, then doctors will likely simply follow best practices given your diagnosis. If you belong to a religion that does not allow blood transfusions or takes a dim view of medications developed using embryonic tissue, you may have strong feelings about certain kinds of medical care. If addiction runs in your family, you may worry that doctors will give you too much pain relief. You have the option of exploring these decisions and making preferences clear for both the medical professionals caring for you and the loved ones who have the authority to act on your behalf.

You can take the pressure off of the people who love you

Only rare situations require other people to make medical decisions on your behalf. You may have collapsed from a sudden cardiac event while attending a school sports function for your child or experienced a massive injury at work. Your closest family members will be in an intensely emotional state following your medical incapacitation. They may feel fear about making the wrong decision regarding your medical care. Even if you talk about your preferences with them now, they may have trouble recalling those discussions in a particularly stressful time. Written directions leave nothing to chance and give your family members the confidence to know they will comply with your preferences. Adding an advance medical directive to your estate plan will help you and possibly protect the people you love if you ever experienced an emergency.]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[Can your boss really tell you what to wear?]]> https://www.tuttleandmccloskey.com/?p=49958 2022-03-30T22:18:26Z 2022-03-30T22:18:26Z Is there a dress code? First off, you need to consider whether or not there is a dress code or uniform policy at work. If there is a code, then you do have to follow it, and your boss can reprimand you for not doing so. They can tell you to wear something other than what you chose because you violated that dress code. This is not a violation of your rights.

Is that dress code fair?

The next thing to ask, though, is whether or not that dress code is fair to all employees. Does everyone else have to follow it? Your boss certainly cannot allow everyone to wear anything they want and give only you a dress code. That would be discrimination. They also can't set up a dress code that inherently discriminates against certain people. For example, the dress code can't simply be designed to eliminate the wearing of certain religious attire. That would be a type of religious discrimination. So, dress codes certainly are legal and can be enforced, but there are still a lot of things you want to consider and a lot of ways that your rights may be violated. If you believe this has happened to you, take the time to look into your legal options.          ]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[What’s the difference between a trustee and an executor?]]> https://www.tuttleandmccloskey.com/?p=49956 2022-03-21T17:02:27Z 2022-03-21T17:02:27Z executors and trustees. While these individuals are alike in some ways, they also have different jobs for your estate.

Trustee vs. executor: A simple explanation

The person you assign as the executor to your will manages your estate after you pass away. They are also responsible for distributing your assets based on the instructions included in your will. To begin the distribution process, the executor must submit your will to the court and receive a court order to open probate. A trustee is a person who is responsible for administering a trust. Trusts aren’t something everyone has in their estate plan; however, having a trustee is a must if you do. While their roles are similar, they deal with two different parts of your estate plan.

Choosing the right executor and trustee

It’s important to appoint someone you trust for both these roles. You should also discuss who you appoint to these roles when you create the documents. An executor can decline their role, which means the court will appoint someone to do this. If you want to avoid this situation, make sure the person you name accepts your decision. While it may be tempting to leave these things to chance, it’s not a smart move. Failing to name these individuals may leave your loved ones with quite the headache after you pass away. A full and detailed estate plan will make things easier on everyone you love.]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[How to discuss your estate plan with your family]]> https://www.tuttleandmccloskey.com/?p=49953 2022-03-07T17:04:12Z 2022-03-07T17:04:12Z Getting an estate plan established is difficult for some individuals because it forces them to acknowledge that they won’t live forever. It might be even more uncomfortable for those individuals to discuss their estate plans with their loved ones.  While there are many things in life that you might want to keep close to the chest, your estate plan shouldn’t be one of those. By talking to your heirs and beneficiaries about your estate plan, you’re giving them the opportunity to ask questions and get clarification about anything they don’t completely understand. 

Use compassion when discussing the matter

Talking about your estate plan is probably a highly emotional discussion. You should have compassion for everyone involved in the conversation. There’s a chance that what you’re telling them is a shock. They might suddenly realize that you won’t always be around. Allow them time to process the information that you’re giving them.

Provide valuable information

Tell your loved ones as much about the location of important documents as you can. Let them know where your estate plan is located. Tell them where to find your letter of instruction. Discuss who will handle the estate and who has power of attorney over your health care and finances. All of this information can help them if you become incapacitated or in the days immediately after your death.  Creating your estate plan is something that you shouldn’t put off. It’s one of the only ways you can ensure your loved ones are taken care of after you pass away. Getting the plan together doesn’t have to be difficult, but you must ensure that everything in it is legally binding. This can prevent challenges to the will. ]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[California has extra protections for workers. What are they?]]> https://www.tuttleandmccloskey.com/?p=49948 2022-02-18T20:35:05Z 2022-02-18T20:35:05Z protections that California workers have?

The right to paid sick leave

Federal law only creates a right for unpaid leave in specific circumstances, and many workers can't afford to take unpaid leave from their jobs anyway. Workers who are sick have to either go to work or sacrifice their income and possibly job security. However, California state law requires that employers provide at least one hour of paid sick leave for every 30 hours worked. They also need to allow workers to use at least 24 hours or three workdays of sick time in a year.

Enhanced overtime rules

Federal law only requires overtime pay of 150% of someone's average hourly wage when workers put in more than 40 hours in a seven-day period. That rule applies in California, and California law creates more situations where workers get overtime pay. These include when workers have to work more than eight hours in a shift or when they work seven days in a row without a day off. Workers subject to extremely long shifts may even have the right to double their average hourly wage.

Better unpaid leave rules

Under the Family and Medical Leave Act, workers can take up to 12 weeks of unpaid leave to care for themselves or family member due to health issues. California law extends many of the same rights that apply to smaller businesses that federal law does. There only needs to be five employees for a California employer to offer unpaid leave. California law also recognizes the need to care for family members other than a spouse, child or parent. You can take leave for grandparents, grandchildren, stepchildren and siblings.]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[What is double overtime?]]> https://www.tuttleandmccloskey.com/?p=49946 2022-02-18T02:13:01Z 2022-02-18T02:13:00Z If you've recently moved to California, you probably knew that it was possible to earn overtime pay, but you may not be familiar with double overtime. This is a concept that is fairly exclusive to the state and is set up by state law, rather than federal law. You may never have experienced it before. So what is double overtime, which is often also called double pay or double-time pay? And when would you qualify?

Twice your normal rate

Double overtime is not twice your overtime rate. Overtime is paid at time-and-a-half, but double overtime is paid at twice your standard rate. It doesn't increase your overtime to three times your normal rate, but it is a significant boost from normal overtime pay. For instance, if you earned $20 an hour, you would get $30 an hour for normal overtime and $40 an hour for double pay. The situations in which you qualify for this higher pay rate are generally fairly extreme. For instance, if you work seven days straight during the week, you may qualify for the double rate once you break the eight-hour mark on that final day. Another example is if you work more than a dozen hours in a single day. Once you get past 12 hours, any additional hours are paid at twice the normal rate.

Has your employer paid you properly?

If you think your employer has not paid you correctly, perhaps by just giving you time and a half when you really deserved double overtime, then you need to know about all the legal options you have to protect your rights.]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[Who’s the right guardian for your children?]]> https://www.tuttleandmccloskey.com/?p=49899 2022-02-04T17:36:17Z 2022-02-04T17:36:17Z A big part of making an estate plan, if you're a parent and your children are not yet adults, is picking a guardian. Many people tend to just focus on the financial side of the process, but deciding who is going to care for your children is likely far more important to you than what you're going to do with your assets. It's not only that you want to have someone in line to care for your children when necessary, but you also need to find the right person for that job. What should you look for?

Are they willing?

You certainly want to start simply by determining if the person you have in mind is even willing to do the job. Do they have the time? Do they have the energy? Do they have the financial ability? Just because they care about your children does not mean that they necessarily want to be a guardian.

Do they have similar values?

You also want to look for someone who cares about the things that you do. This can vary widely from case to case, but it could include things like a religious upbringing or a focus on education.

What is their parenting style?

It may be hard to find someone who has exactly the same parenting style as you, but you are looking out for the best interests of your children. You don't want to pick someone who differs too drastically. Ideally, you're just trying to create a stable environment for the children and give them a similar upbringing to the one they would have gotten if you were around to provide it. These are only three things to consider as you look for a guardian. Once you settle on someone, be sure to look into the legal steps necessary to set up the paperwork. ]]> On Behalf of Tuttle & McCloskey, PC <![CDATA[Are there times when your hairstyle does matter at work?]]> https://www.tuttleandmccloskey.com/?p=49897 2022-01-26T23:07:35Z 2022-01-26T23:07:35Z African American women face the most scrutiny While a hair and grooming policy may affect many people of various backgrounds negatively, it is African American women who face the most scrutiny in America. In one study, it was found that around 80% of these women felt that they needed to change their hair to fit in at work. That may mean that they wear straight wigs that appear more Caucasian in texture or that they chemically straighten or dye their hair to fit in. It is unfair and discriminatory to expect people to change their natural hair to appear more “professional.” Textured natural hair, for example, is no less professional than curly blonde or thin straight hair.

Companies can have hair and grooming policies, but they need to be cautious

While companies are allowed to have grooming and hair policies, they need to make sure that they don’t step over the line of what’s reasonable and move into a territory of discrimination. Usually, hair and grooming policies are there to ensure that all employees have a clean, professional appearance. A good hair and grooming policy will affect all employees equally. For example, all employees may be asked to wear black pants and white shirts with an exception for employees who are required to wear other items due to their religions or cultures. The policy may ask all men to have hair cut above the collar (with exceptions) and all women to pull their hair back or have it cut short (with exceptions). Employers must be reasonable. If you believe you’ve been a victim of discrimination, look into your legal options.]]>