Contractual Confidence: 5 Tips for Business Contracts You Can Trust

Businesses run on contracts. Whether it is a complex contract with a client or a simple delivery arrangement with a supplier, good contracts make business operations run smoothly. Contracting with others can be tricky, but it is definitely necessary. Use these tips to create contracts that are more likely to stand up to legal scrutiny. Write it down. Although it may be tempting to use oral contracts or Read More

How to Discipline Your Employees Without Getting Sued

Dealing with staff that does not perform up to standards or expectations can be difficult. It is especially hard when the employee is insubordinate or does not seem to care about the work they do. It can be tempting to simply fire an employee immediately when their job performance is not up to par, but, from a legal standpoint, doing that may not be a good idea. As a general rule, most employee relationships are Read More

Winding Up a California LLC

Each limited liability company (LLC) in California is registered with the state. Dissolving the LLC also requires state involvement. The first step in ending an LLC in California is actually dissolving the LLC. Next, the LLC will “wind up.” During this period, the LLC only exists to deal with certain financial and practical matters that the company must address before closing its doors. Members of the LLC can Read More

Proactive Partnerships: 5 Potential Scenarios You Should Address in Your Partnership Agreement

Even relatively minor disagreements in a partnership can cause serious disruptions in business and can even force the partners to dissolve their partnership. Planning ahead can prevent many partnership disputes before they happen. Any time that more than one person can make decisions that significantly affect the business, a partnership agreement should be in effect. Although written partnership agreements are not Read More

California Employment Law: Who’s Coming After You If You Misclassify Your Employees

Workers are generally classified as either independent contractors or employees. The distinction can be confusing, and when a business gets it wrong, it can have negative legal consequences. Several governmental agencies may be able to impose fines, sanctions, and other unpleasant penalties. For this reason, it is extremely important to have competent legal counsel who can help you classify your workers Read More

An Overview of California Vacation Pay Laws

California employers are not technically required to offer vacation, either paid or unpaid. Nonetheless, many employers have this type of practice as a perk or benefit for their employees. Once the business has an established practice of offering paid vacation, then the employer must comply with certain restrictions to meet its obligations for paid vacation under California law. The following points are important Read More

Business Owners: Protecting Yourself from Third Party Harassment

Sexual harassment is a serious problem in today’s workforce. However, not all sexual harassment occurs within a company. Third parties can also create a hostile work environment by harassing employees. Many employers may be surprised to know that they can be held liable for sexual harassment committed by third parties. These third parties could include vendors, clients, customers, delivery drivers, or even Read More

A Brief Introduction to CAL-COBRA

The vast majority of employees will receive medical coverage through their employer. Employers are often required to provide group health coverage, but this coverage only applies to current employees. Federal and state law has developed a means to help employees retain health coverage after they have discontinued employment. COBRA stands for “Consolidated Omnibus Budget Reconciliation Act.” It provides Read More

Employment Law 101: A Guide to California’s Protected Classes

Workplace discrimination comes in many forms. There is disparate treatment, which is when an employer actively singles out employees because of a protected characteristic (e.g. only laying off women) and disparate impact, which is when company policies discriminate against a protected class, such as a strict attendance policy that prevents women from acquiring senior positions when they take time off for pregnancy. Read More

What California Business Owners Need to Know About Verbal Contracts

Verbal agreements are not a mainstay in modern business environments. Although enforceable in California and subject to different enforcement issues than written contracts, they are subject to significant limitations that make their efficacy questionable. First, verbal agreements are enforceable only to extent that all parties to the agreement can prove its terms. Without anything being confirmed in writing, you Read More