Wednesday, May 13, 2020

AB5 Amended to Reflect Music Workers’ “Gig Economy” Situations

Kalley Aman is a labor and employment law attorney who practices in Los Angeles, California with Buchalter, APC. Client focused, Kalley Aman stays closely informed oF the latest developments in the area of California employment law. One change welcome to music workers is a recent amendment to the state’s “Gig Economy” Assembly Bill 5 (AB5), which went into effect in January 2020.

Under the three-part ABC test established by AB5, producers, songwriters, and session musicians would need to obtain legal designation as an employee if they wanted to collaborate for a single performance or project. . Thus, W2 forms and payrolls would be needed for a single performance or recording session.

This was criticized as placing a major bureaucratic and financial burden on those who facilitate gig-to-gig projects. With the amendment in place, a less strict Borello test is applied when determining whether a person is an employer related to studio recordings and live performances.

In effect, this will free up those in the music industry to continue to work flexibly, as they have been doing for years. At the same time, they will receive AB5 protections in situations where the work involves significant control and direction on the part of a single employer.

Tuesday, December 11, 2018

The 41st Annual Manhattan Beach 10K

Kalley Aman is a Los Angeles-based attorney at Buchalter, APC who represents employers and businesses in litigation. Kalley Aman is an avid runner who regularly competes in races such as the Manhattan Beach 10K every October

The 2018 Manhattan Beach 10K, which has been held each October since 1979, attracted 3,400 runners. Of the entrants, 2,832 completed a circuit that extends across a picturesque beach town and ends at the Manhattan Beach Pier. 

One aspect of the event that participants reported enjoying was the view of the ocean as they ran the 6.2-mile course. With the weather clear and enthusiasm levels high, the event was also applauded for its unique combination of competitiveness and camaraderie. 

The best overall time was posted by Stewart Harwell, 34, who clocked a time of 31:54, while the top women’s finisher was Abby Hong, 22, who finished in 35:41. The oldest participant of the race was 91, while the youngest runner was 6.

Tuesday, December 4, 2018

Manhattan Beach 10K - A History Extending Four Decades

Based in Los Angeles, Kalley Aman is an attorney with Buchalter, APC, where she is a Shareholder in the labor and employment and litigation practice groups. Kalley Aman has competed in almost every Manhattan Beach 10K since 2011, earning medals for top standings in her age division.

When the Manhattan Beach 10K was launched in 1979, running and jogging’s popularity was just beginning to take off, particularly in coastal California areas. The initial race was expected to attract just a few hundred people, but it instead drew nearly 2,000 runners. That number doubled at the next year’s race. 

In the 40 years since that time, funds raised by the event have contributed to approximately $100,000 in academic scholarships as well as the placement of exercise equipment in community parks. 

At the same time, the Manhattan Beach 10K has maintained an emphasis on camaraderie. It welcomes teams and families as well as racers of all ages. The oldest-ever racer was 93-year-old Jack Tsu.

Thursday, November 8, 2018

How are Super Lawyers Rising Stars Selected?

Kalley Aman, a resident of Manhattan Beach, is a business litigation attorney who holds degrees from Lewis and Clark Law School and Portland State University. Since 2002, Kalley Aman has served as partner at the Buchalter law firm in Los Angeles, where she has been named a Southern California Super Lawyer Rising Star four times.

Super Lawyers, an attorney rating service owned by Thomson Reuters, adheres to specific requirements when selecting lawyers deserving of the Rising Stars award. Eligible attorneys must be either under the age of 40 or have practiced for ten years or less. Moreover, they must be nominated by a peer, via third party feedback, or by the Super Lawyers’ research team.

Once a lawyer is nominated, he or she is assessed for excellence in twelve areas that include legal success, outstanding achievements, experience, awards, education, and special licenses and certifications. Candidates with the most points after this assessment move on to an intensive peer evaluation process that takes place prior to final selection. From start to finish, only 2.5 percent of all nominated attorneys receive the Rising Star designation.

Monday, October 15, 2018

Unfair Competition in California

For more than sixteen years, Manhattan Beach resident Kalley Aman has been an attorney and shareholder with the law firm Buchalter, PC, in Southern California. In addition to serving as a shareholder with the firm, Kalley Aman is a member of the Labor and Employment and Litigation practice groups and handles cases involving claims of wrongful termination, discrimination, harassment, retaliation, wage and hour violations, trade secret misappropriation, and unfair competition.

Compared to the rest of the United States, California has some of the strictest laws related to unfair competition. The state regards unfair competition as any business practice that uses fraudulent, unfair, or unlawful activities to limit either a market’s ability to compete or that of another company. Some of the forms of unfair competition can be unclear because there are no specific guidelines. However, in general, unfair business practices are those that deceive the public, fraudulent activities usually involve the misrepresentation of fact, and unlawful practices violate any statute, rule, or regulation. 

In California, only one of these three elements must be met to prove unfair competition. For example, unfair competition may happen as the result of a company or businessperson attempting to manipulate market pricing, unlawfully forcing another business out of the marketplace, or unlawfully taking customers from another organization. False advertising and misappropriation of company trade secrets fall within the state’s unfair competition laws, as well as infringement of intellectual property.

Monday, September 17, 2018

Heroes of Hope Race for Research Raises Money for Cancer Research

Based in Manhattan Beach, Kalley Aman has been an attorney at Buchalter, PC in Los Angeles since 2002. As a member of the Labor & Employment and Litigation Practice Groups, Ms. Aman counsels employers on employment matters and represents employers in a variety of employment cases and class action lawsuits. An avid runner, Kalley Aman runs about 80 miles each month and has participated in the Heroes of Hope Race for Research.

First held in 2007, the Heroes of Hope Race for Research raises money to give back to those dealing with childhood and adult brain tumors and cancer. The annual race is part of the Grey Ribbon Crusade, which consists of more than 110 nonprofit organizations that have united against brain tumors. Its theme colors are grey and gold, with grey representing the color for brain tumor awareness, while gold is for childhood cancer awareness. Since it began, the race has raised more $500,000 for brain tumor and cancer research in the Los Angeles area.

The daylong event typically attracts more than 1,200 runners, walkers, and survivors. They can participate in the 5K, 10K, Kids Fun Run, or just observe. In addition to races, the event features entertainment, food and beverages, and a Kids Zone that includes face painting and airbrush tattoos. Runners receive other benefits, including stretches led by professional fitness instructors, a T-shirt, and medals for finishing.

Friday, September 14, 2018

Lewis & Clark Law School - Helping Students Secure Clerkships

A resident of Manhattan Beach in southern Los Angeles, Kalley Aman represents employers in litigation, arbitration, and class-action lawsuits as a shareholder at Buchalter, P.C.. Kalley Aman holds a juris doctor from the Lewis & Clark Law School, which maintains a commitment to helping students obtain judicial clerkships.

For years, Lewis & Clark Law School has been placing students in clerkships in a number of courts, including the Oregon Supreme Court, the U.S. District Court for the District of Oregon, the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the District of Eastern Washington. The school strongly encourages students to pursue a clerkship at the end of their studies to gain experience working with legal issues and to observe practicing lawyers and judges.

Clerkships also help students further develop their legal writing and reasoning skills under the tutelage of an experienced legal professional. As a testimony to the value of these experiences, many students have stated their clerkship helped strengthen their applications for positions with law firms and employers in the public sector.

To help students and alumni secure these positions, Lewis & Clark Law School provides one-on-one appointments with faculty advisors and assistance through Career & Professional Development staff. Further, the school leverages alumni connections to connect students to potential clerkship opportunities.