The Law Office of Alan Kansas, LLC

01/28/2026

10/14/2021

Thinking about your estate plan? Here is Kiplinger's list of 5 of the worst assets to inherit. Are you planning to leave any of these to your loved ones? https://www.kiplinger.com/retirement/inheritance/603437/5-of-the-worst-assets-to-inherit

Message me if you'd like to talk about setting up a plan to help your loved ones avoid unnecessary conflict, expense, and hassle in handling your estate.

If you’re planning an inheritance, be careful about leaving these assets to a loved one. They may create more trouble than they’re worth.

09/05/2021

I hope everyone is safe after Hurricane Ida. I am evacuated and still waiting for power and internet back at my home and office. But I have my laptop and internet now, so message or email me if I can help you with your storm recovery.

Times like these are good for taking stock of what is really important in life, and my approach to estate planning is a great way to get your financial life in order and make sure you are ready to deal when the next storm comes. And, unfortunately, there's always a next one...

Stay strong!

(email: [email protected])

01/07/2021

Employee or Independent Contractor? Choosing and using the right classification has huge implications for businesses and workers. Payroll tax withholding, overtime, benefits, workers compensation, and liability for accidents are all big ticket items that depend on proper classification.

Yesterday, the Department of Labor issued a new rule changing the test for proper classification under the overtime laws. The new rule is supposed to make it easier to classify workers as independent contractors. But, like most things these days, we don't know how this will all work out, because President Elect Biden will have a chance to delay, kill, or amend the new rules.

Businesses, let's work together to make sure that you are classifying workers correctly and that you have the right legal and operating framework in place to make it work.

Independent Contractors, are you properly classified by the company? Let's look into this to make sure you are getting every benefit you deserve for your work.

Message me, or set an appointment online.

Here is more in the new rule: https://www.dol.gov/agencies/whd/flsa/2021-independent-contractor #:~:text=The%20effective%20date%20of%20the,for%20work%20(FLSA%20employee).

12/30/2020

Thanks to everyone who helped me make it through 2020! "Next Year" has never had so much pressure to come through big.

Please check out my end of year newsletter with pictures, highlights from 2020, and my top tips for how to make 2021 better - https://mailchi.mp/alankansaslaw/2020finalnotes

Remember to join the mailing list.

Lets make 2021 great!

07/16/2020

Here is a CBS News story I saw last night about a concerned Texas teacher who realized she needed to make a will before going back to school in the Fall:
https://www.cbsnews.com/news/texas-teacher-writes-will-return-to-school-coronavirus-pandemic/

It may be super hot now. But Fall is coming. Educators, I understand your concerns about going back into the schools. The next few months are going to be difficult. Here are two ways I can help you minimize the fear and uncertainty:

(1) Make sure your estate plan is ready. You will know that your loved ones are protected and will avoid being thrown into unnecessary, expensive, and time consuming controversy should anything happen to you. I have a simple, easy process that covers all the bases, and Educators get a $250 discount ($500 for married couples) through Labor Day.

(2) Make sure you understand your rights as an employee. Do you have an underlying health condition that requires a reasonable accommodation? If your school's administration is not following safety procedures, what can you do about it while maintaining legal protection from retaliation? Contact me to set up an Employment Law Counseling Session so we can talk about your concerns and go over your options.

So, basically, if you take advantage of the estate planning discount for educators, you get an Employment Law Counseling session thrown in for free.

Let's all be safe AND smart out there!

"I'm very concerned about my health, about my life — and that's why my husband and I decided to write our wills," Mary Strickland told CBS News.

06/18/2020

The EEOC's latest COVID-19 guidance says employers cannot use antibody tests to determine who can reenter the workplace. COVID-19 virus testing is allowed. This is consistent with the CDC's statement on the subject. Basically, we don't know enough about what antibody test results really mean in terms of protection from future infection or ability to transmit the virus. So for now, tying return to work to an antibody test result is off limits.

Look for Question A.7.

Technical Assistance Questions and Answers - Updated on June 11, 2020

06/15/2020

Congratulations America! The U.S. Supreme Court ruled Monday that the 1964 Civil Rights Act barring s*x discrimination in the workplace protects LGBTQ employees from being fired because of their s*xual orientation!

This is the correct legal decision, even though the Congress in 1964 probably wasn't considering protections for LGBTQ employees. It ends decades of judicial back and forth on this issue.

Too bad Congress couldn't do this boldly and directly. That it took John Roberts and Neil Gorsuch to fix it is a mark of shame on our legislators 1964-2020.

Employees, contact me if you want some guidance on asserting your rights.

Employers, I can make sure your policies, practices, and employee training is up to the task.

Everybody, lets take some pride in America getting this one right!

The Supreme Court says the federal ban on discrimination "based on s*x" also applies to gay, le***an and transgender employees.

05/18/2020

It's a big Back to Work Monday for a lot of businesses. What do social distancing and safe practices look like at your workplace? Hopefully not like this! (Thanks to cottonbro from Pexels for the image.)

Employers have a brand new maze of rules and regulations to follow. Which employees are coming back and which ones are staying home? How are you making sure you can open up safely, compassionately, and without violating your employees' rights under the Americans with Disabilities Act, the Families First Coronavirus Relief Act, the terms of your PPP, and a million other regulations all coming together in a new way? Add me to your team and we will get through it together!

Employees, I am already hearing reports about businesses that talk the talk but don't walk the walk when it comes to social distancing, wearing masks, and other safe practices. Can you protect your health and your job at the same time? I will make sure you know your rights and consider all the options. Set up a free 15-minute phone consult with me to get started.

05/14/2020

As we all get ready for re-opening, The Law Office of Alan Kansas, LLC is open and ready to help. I am still working mostly by phone, email, and Zoom to help clients with their back to work questions and to make sure people have the right estate planning to keep family and loved ones out of conflict. However, in person meetings are back for those that want to sit down in person, at a clean safe space and distance. As always, my clients' best interests are my motivation! Message me, or go to my scheduling page to set up a phone or in person meeting.

Schedule your appointment online The Law Office of Alan Kansas, LLC

04/23/2020

We are hearing about businesses that want to re-open, but employees getting enhanced unemployment benefits don't want to come back now. (Why even potentially expose yourself and your family when you have no obvious economic incentive to do that?) So, what can you do? Know that you don't have to wander through this alone.

Here are a few bits to keep in mind:

1) The law says that you will be disqualified for benefits if you do not have a good reason why you do not accept suitable work when offered, or return to your usual self employment, if applicable. See LWC document "Unemployment Benefits Rights and Responsibilities." Employees got it when they signed up for benefits.
2) The LA Workforce Commission is working on a "Refusal to Work" form that employers can submit when employees refuse to return to their jobs. They have promised to put this out "soon."
3) If an employee who is receiving benefits earns some money, but less than the benefit amount, they will still get benefits to cover the difference between what they earned and the prior benefit amount.
4)Employer's unemployment tax rates will NOT be affected by COVID-19 related claims.

How is your business dealing with this? Are you making a clear commitment to follow safety guidelines? What about a bonus that only gets earned by employees who show up consistently between now and July 31, when the enhanced benefits are scheduled to end?

If you want some help finding the right answers for your business, while complying with all the laws, I am here for you. Set up a free consultation phone call, so we can talk about your business and how we can work together.

04/21/2020

Long post - sorry. This is me, with my ill-fitted homemade mask, needing a shave and haircut worse than ever, still staying safe at home as much as I can. I feel so extremely blessed to be able to do much of my work from home. At least I can offer some services - which is more than a lot of businesses can say.

I put on the mask because I am thinking about all the employees whose jobs require them to be out in the physical world interacting with people at close range several times a day. And I am thinking about the business owners who care about their employees and want them to succeed and prosper right along with the business. Now that we have endured over a month of involuntary shut down, and it looks like social distancing has worked to flatten the curve, we are naturally thinking about getting things open again. Whether that is the smart thing to do, or exactly how to do it, are questions that I don't think we have the scientific knowledge answer correctly yet. We will need to endure some trial and error.

I have heard over the past few days from employees and employers starting to get going again, and they have some legitimate questions and concerns about how things will go. With so many unknowns about COVID-19, there is no way for the laws to properly adjust to our new reality. This means, simply following the laws will not lead to equitable outcomes that are generally good for businesses and workers. There is more opportunity than ever for just the opposite type of results.

So, as we move toward opening businesses, people will have to work together if we are to make it through this next phase with not just the economy, but our mental, physical and spiritual health intact. To me, this starts with understanding the different perspectives involved. Employers, try to understand that like you and your family, employees are legitimately scared of getting sick. When the doors closed just a month ago, many of them got laid off with very little financial assistance and no health insurance. Some have young kids who are stuck at home and need supervision, making it difficult to work. Others have undisclosed health issues that make COVID-19 a more serious threat. Many are now getting enhanced unemployment benefits, so there is often very little financial benefit to going back to work and risking their health and that of their families. And remember, it's not the company's fault, but the job they are going back to is a whole lot more dangerous than it was before.

On top of that, in all but the rarest possible instances COVID-19 is not going to be covered by Louisiana workers compensation. (One Louisiana legislator proposed a change to this, but nothing happening yet.) There is little or no paid leave. So, staying at home when you feel sick to protect others is just going to cost the employee money. Most small business employees have no legal job protection if they do get sick and miss work, so they can't be sure there will be a job for them when they get well and can get back to work. If they must be treated at a hospital, most of them would be economically devastated by the healthcare costs alone, much less the loss of income. Sure, you will follow all the CDC's guidance on social distancing and clean workplaces, but will you do anything more to ease your employees' concerns?

Employees, please try to consider all that goes into building a business that creates quality goods or services for customers, jobs for employees, and a profit for the owner. Most small business owners make financial commitments to landlords, equipment suppliers, insurers, and others in addition to their employees. If the business stops producing goods and services, it cannot continue to exist. Employees will lose a job, but the owner is likely to suffer serious personal financial loss. Finally, we need to understand that there is only so much room for employers to adjust and meet their employees’ increased desires for safety and security

So, what does the world need now? You know it – Love, Sweet Love. We cannot wait on the bought and bickering politicians to bring us the rules. We must commit to working together with all the PEOPLE involved, to listen to each other, and to in some cases to sacrifice personal comfort, even some degree of safety, to reach a fair result that works for everyone.

What does that look like? This is the hard part. Lucky for us all, I’ve had a little time to think about it. It starts with a commitment to fundamental Coronavirus fairness and common sense principles by both employees and employers. But this has got to be more than just another serving of corporate word-salad. The words will need to be backed up and given vitality by employers and employees willing to listen to each other and sacrifice for the greater good.

If you are a business owner, I can help you and your employees commit to the ethical principles that will take you above the law and put you on a shared path to better results achieved through continued engagement and shared sacrifice. My program works on a flat monthly fee based on the number of employees, and I stay on board, ready to work on a day to day basis with management and employees to make sure we are hearing each other and keeping our commitments to work together to get through this difficult time.

If you are an employee, and you think your workplace has the need and potential to fulfill this type of shared commitment to engagement and sacrifice for the greater good, I can work with you and your co-workers to try to bring your employer on board. (If done correctly, the law provides protection for retaliation.)

As a society, we have been challenged. We can rise to this challenge and make the world a better place. If you are not afraid to do more than the bare minimum required by law, and you are ready to walk the walk, contact me and let’s get started on this journey together today.