
Bottled Business Sense Show
By Bill Bernard & Rick Moscoso

Bottled Business Sense ShowJan 12, 2021

Important Legal Update for Independent Contractors and Employees
Determining whether a California worker is an independent contractor or an employee has never been an exact science, with a lot riding on correct classification. The California Supreme Court recently tried to simplify the issue by adopting a new "ABC" test for California for claims under the IWC Wage Orders for minimum wage, overtime pay, and meal and rest period violations.
Learn about these important changes in this episode of the Bottled Business Sense Show.
WFB LEGAL CONSULTING--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
Bill Bernard – WFBLegalConsulting.com bill@wfblegalconsulting.com 949.698.6222
Rick Moscoso – Captivate365.com rick@captivate365.com 949.667.1182
The Bottled Business Sense Show provides practical business perspectives that uniquely emphasize both legal and media marketing strategies that protect and insure the longevity of your business.
WFB LEGAL CONSULTING--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
http://bottledbusinesssenseshow.com

Need a Living Trust? What You Should Know.
Millions of Americans die each year without any type of estate plan in place, and this forces their families into the court system, where they experience huge expenses with probate and significant time delays. Yet there are even more creative reasons why you should have a Living Trust which reach far beyond this most basic and important concern.
Learn about all of these reasons on this episode of The Bottled Business Sense Show.
WFB LEGAL CONSULTING--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
Bill Bernard – WFBLegalConsulting.com bill@wfblegalconsulting.com 949.698.6222
Rick Moscoso – Captivate365.com rick@captivate365.com 949.667.1182
The Bottled Business Sense Show provides practical business perspectives that uniquely emphasize both legal and media marketing strategies that protect and insure the longevity of your business.
WFB LEGAL CONSULTING--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
http://bottledbusinesssenseshow.com

Issues with Living Trusts that own S-Corporation Stock
Although a trust can be a permitted shareholder in an S corporation, only certain kinds of trusts are so permitted under Section 1361 of the Internal Revenue Code. If a trust is not one of the trusts specifically authorized by the Internal Revenue Code, however, and becomes a shareholder, the Corporation ceases to be a qualified S corporation and will be taxed as an ordinary C corporation. Thus, when a Living Trust becomes the owner of S corporation stock, there can be resulting difficulties for both the Grantor’s heirs and for the S corporation itself if an estate lawyer is not involved.
Learn more in this episode of The Bottled Business Sense Show.
WFB LEGAL CONSULTING–LAWYER FOR BUSINESS–A BEST ASSET PROTECTION Services Group
Bill Bernard – WFBLegalConsulting.com bill@wfblegalconsulting.com 949.698.6222
Rick Moscoso – Captivate365.com rick@captivate365.com 949.667.1182
The Bottled Business Sense Show provides practical business perspectives that uniquely emphasize both legal and media marketing strategies that protect and insure the longevity of your business.
WFB LEGAL CONSULTING–LAWYER FOR BUSINESS–A BEST ASSET PROTECTION Services Group
http://bottledbusinesssenseshow.com

What is a Severance Package?
In simple terms, a severance agreement is an enforceable contract that an employer provides to an employee upon termination. Often severance agreements can include waivers of certain rights as well as confidentiality provisions. Their intent usually depends on each unique circumstance and the facts leading to the termination of employment.
Learn about the important restrictions associated with these agreements, and what every employee and employer should know about them, in this episode of the Bottled Business Sense Show.
WFB LEGAL CONSULTING--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
Bill Bernard – WFBLegalConsulting.com bill@wfblegalconsulting.com 949.698.6222
Rick Moscoso – Captivate365.com rick@captivate365.com 949.667.1182
The Bottled Business Sense Show provides practical business perspectives that uniquely emphasize both legal and media marketing strategies that protect and insure the longevity of your business.
WFB LEGAL CONSULTING--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
http://bottledbusinesssenseshow.com

Using Deeds as Estate Planning Tools
Deeds can also be useful when dealing with inheritance issues and the transference of property upon one’s death. There are many different types of deeds that can interact and be utilized as part of your estate planning goals.
Understand the ramifications as well as the scenarios in which these deeds are used by tuning in to this podcast of The Bottled Business Sense Show.
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WFB LEGAL CONSULTING–LAWYER FOR BUSINESS–A BEST ASSET PROTECTION Services Group
Bill Bernard – WFBLegalConsulting.com bill@wfblegalconsulting.com 949.698.6222
Rick Moscoso – Captivate365.com rick@captivate365.com 949.667.1182
The Bottled Business Sense Show provides practical business perspectives that uniquely emphasize both legal and media marketing strategies that protect and insure the longevity of your business.
WFB LEGAL CONSULTING–LAWYER FOR BUSINESS–A BEST ASSET PROTECTION Services Group

What is a Successor Trustee?
A successor trustee is tasked with managing the assets in your trust. This responsibility only kicks in, however, once you can no longer effectively serve as your own trustee. A successor trustee will eventually transfer your assets to your beneficiaries but must fulfill certain fiduciary duties before doing so. Learn more in this podcast of the Bottled Business Sense Show.
http://bottledbusinesssenseshow.com
https://www.avvo.com/legal-guides/ugc/duties-of-a-successor-trustee-following-the-death-of-the-settlor

Employer Payroll Taxes 101
Whether you’re a sole proprietor and your company’s only employee, or a corporation with 40 employees; employers are responsible for collecting and paying employment taxes to both federal and state tax agencies. However, while federal payroll taxes are the same no matter where your business is located, state employment taxes differ.
In this podcast, we will explore the obligations of employers and what employees should also know.

Incorporating Out of State - Why, When, How?
A lot of entrepreneurs wonder what state should be used to incorporate a new business. Is it their own state or another state? There is no specific answer to that question, however, there are definite benefits for some businesses to incorporate in states other than where they initially conduct business.
Join us as we explore some of these options in this podcast.

What Kind of Liability Protection is Actually Included with an LLC Formation?
The main reason people form LLCs is to avoid personal liability for the debts of a business they own or are involved in. By forming an LLC, typically only the LLC is liable for the debts and liabilities incurred by the business—not the owners or managers. However, the limited liability provided by an LLC is not perfect and, in some cases, depends on multiple factors, including in what state your LLC is formed.
Tune in to learn more.

Does Your Business Require a Sales Tax License?
Does your business need to collect sales tax and remit it to the state or local tax authority? And if it does, how do you go about getting a sales tax license? Moreover, what if your business is selling your products across state lines? Do you need to charge and remit sales tax in those states as well?
Learn what you need to know in this podcast.

Workplace Bullying in California - Can Employees Fight Back?
Workplace bullying is defined as repeated, health-harming mistreatment at work. Workplace bullying can include verbal abuse, intimidating or humiliating behavior, or even interference with the victim’s work. But is such conduct by a boss or supervisor in the workplace illegal?
Find out the important distinctions in California harassment laws in this podcast of the Bottled Business Sense Show.
http://bottledbusinesssenseshow.com

The Power of Powers of Appointment in the Estate Planning Toolbox
One of the significant advantages of utilizing a trust in estate planning is that it allows flexibility in distribution of assets even after the death of the Settlor who created the trust. That same type of flexibility, though in a more limited sense, may be created by use of Powers of Appointment which allows an appointed person to elect who is to receive a distribution at a later time.
Learn about this important Estate Planning tool in this podcast.
http://bottledbusinesssenseshow.com

How Should a Husband & Wife Set Up their LLC?
Question... My husband and I started a business recently and formed an LLC. We are confused about whether we should be filing a Schedule C as a Sole Proprietor or Partnership Form 1065. Are a husband and wife considered one member or partners in an LLC? Learn more our podcast.

Myths About Trusts You Can't Afford to Misunderstand
Living trusts may be one of the most misunderstood of all estate planning tools, most especially because there are several common myths about living trusts floating around. A living trust, specifically a revocable living trust or living revocable trust, generally allows the person writing the trust (the grantor or settlor) to retain control over trust property until death. Join us to learn some of the facts and fallacies surrounding this great estate tool that flourished since the days of the Roman Empire.
Join us on our livestream to learn more.
View show at: http://wfblegalconsulting.com/bbss/
http://bottledbusinesssenseshow.com
WFB Legal Consulting--LAWYER FOR BUSINESS
A BEST ASSET PROTECTION Services Group

Business Entity Type Basics: Time for a Change?
The business structure you decide on affects your legal liability as an owner, tax obligations, growth potential, and the compliance requirements you’ll need to continually satisfy. To complicate matters, the entity type that’s right at the beginning of a business’s existence may not necessarily continue to be the ideal choice as the company evolves.
Join us on our livestream to learn more.
View show at: http://wfblegalconsulting.com/bbss/
http://bottledbusinesssenseshow.com
WFB Legal Consulting--LAWYER FOR BUSINESS
A BEST ASSET PROTECTION Services Group

Understanding the Secure Act for Estate Planning Purposes
The SECURE Act contains several provisions that significantly change the planning and administration of estates and trusts. You need to recognize the impact of the SECURE Act and be prepared for IRS interpretations, requirements, and pitfalls to avoid, when considering the objectives of your Living Trust.
View show at: http://wfblegalconsulting.com/bbss/
http://bottledbusinesssenseshow.com
WFB Legal Consulting--LAWYER FOR BUSINESS
A BEST ASSET PROTECTION Services Group

Remaining Independent Under CA's New AB5 Law
Whether you work as an independent contractor or your business hires independent contractors, California’s new AB5 law, which went into effect January 1, 2020, forces your hand on becoming an employer or an employee depending on how you conduct your business. Get the scoop in this episode of the Bottled Business Sense Show.
View show at: http://wfblegalconsulting.com/bbss/
http://bottledbusinesssenseshow.com
WFB Legal Consulting--LAWYER FOR BUSINESS
A BEST ASSET PROTECTION Services Group

Hiring an Attorney - The States Tell the Story
What do prospective clients value in an attorney? As more potential clients become comfortable researching and connecting with attorneys online, law firms and solo practitioners are reassessing and recalibrating how they manage prospects’ expectations and client needs. Learn what will assist YOU on this episode of the Bottled Business Sense Show.
View show at: http://wfblegalconsulting.com/bbss/
WFB Legal Consulting
LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group

Procedure for Reporting Sexual Harassment in the Workplace
Under federal law, the Equal Employment Opportunity Commission (EEOC) prosecutes claims of discrimination. The Department of Fair Employment and Housing (DFEH) handles claims brought under California law. An employee, may go to these agencies and file a complaint, referred to as a “charge,” outlining the general facts supporting his or her claim of harassment. But then what happens? Learn what you need to know in this episode of the Bottled Business Sense Show.
View show at: http://wfblegalconsulting.com/bbss/
WFB Legal Consulting
LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group
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The California TOD Deed in Estate Planning
In 2016, a lesser-known alternative to keep a decedent's home out of probate became available to Californians: the revocable transfer on death or "TOD" deed-- a simple and inexpensive way to transfer real property to a beneficiary in California. While a TOD deed is attractive because of its simplicity and inexpensiveness, there are specific limiting criteria and procedural requirements for TOD deeds. Learn about the “ins and outs” in this episode of the Bottled Business Sense Show.
View show at: http://wfblegalconsulting.com/bbss/
WFB Legal Consulting--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group

The Role of a POLST in Estate Planning
A Physician Orders for Life-Sustaining Treatment, or “POLST” makes sure that decisions about care at the end of life are written as medical orders that health care providers must follow. The POLST should list the medical care people do or do not want, given their current health condition. Without a POLST, emergency care providers generally must provide such medical treatment to keep people alive. Learn why this is so important to you on this episode of the Bottled Business Sense Show.
View show at: http://wfblegalconsulting.com/bbss/
WFB Legal Consulting--LAWYER FOR BUSINESS--A BEST ASSET PROTECTION Services Group