When Does Your Business Need an Indemnification Agreement?

Most standard contracts and contract templates for companies include something called an indemnification clause. Although many contracts between California business entities include this provision, they are often improperly written and deployed. As an entrepreneur, you might sometimes hear an indemnification clause referred to as a “hold harmless” clause; this verbiage gives us a clue to the ultimate purpose of this Read More

SB 331—What Does it Mean for California Employers?

In 2018, the #MeToo movement was shining a light on sexual harassment in the workplace. The California legislature produced one of the nation’s strongest legislative responses. The law, which is now codified in the California Code of Civil Procedure, forbids employers from including confidentiality provisions in separation agreements with respect to certain employee claims.  The 2018 law, however, only applied to Read More

What Types of Incentives Should You Offer Your Employees?

Generally speaking, employers offer a variety of incentives because they want their employees to continue working—productively—for a long time. While it is sometimes necessary to take action when an employee’s performance is poor, keeping your staff long-term and helping them stay motivated makes good business sense. The average cost of onboarding a single new employee is around $4,000.00. So the right kind of Read More

California Supreme Court Ruling Changes Calculations For Break Pay

In July 2021, when most California employers were trying to make sense of the state’s Emergency Temporary Standards surrounding COVID-19, the state Supreme Court issued a ruling every employer in the state should know and understand. Case Background The case of Ferra v. Loews Hollywood Hotel, LLC involved a former California bartender whose employer paid her premium payments instead of meal and rest breaks as Read More

What is Due Diligence in a Business Sale?

If you’ve ever sold or purchased a house, you know that agreeing to an offer is just the first step in a long process meant to finalize the deal. You want to verify the information provided in the listing and make sure that everything is done correctly so the sale can proceed smoothly.  The same principle applies to business mergers and acquisitions. As complicated as a home purchase is, though, business Read More

The Importance of Term Sheets and What Should Be Included

Entrepreneurs whose startups have gotten over the “hump,” so to speak, are well-acquainted with term sheets. Investors—private equity partners and venture capitalists, in equal measure—typically insist on term sheets before finalizing any deals. Many business professionals consider term sheets and LOIs (letters of intent) to be synonymous with each other. Both are general, non-binding agreements that outline the Read More

How Should California Employers Handle COVID-19 Vaccinations?

Now that the COVID-19 vaccines have been widely available for some time and workplaces are opening back up, many employers are faced with deciding what their policy will be regarding workplace vaccination. Below is a discussion of some state and federal guidelines you should keep in mind as you craft and implement these policies.  Employers ARE Able to Require Vaccination Days after the first COVID-19 vaccines Read More

Pay Data Reporting for California Employers

Earlier this year, California employers had to handle yet another filing with state agencies. By March 31, employers with at least 100 employees were required to submit certain data about their workforce to the state’s Department of Fair Employment and Housing (DFEH). This requirement arose from a bill passed in the state legislature late last year; now law, SB 973 (codified as Government Code Section 12999) aims for Read More

New Emergency Temporary Standards for California Employers Effective June 17, 2021

The Emergency Temporary Standards (ETS) placed on California employers were recently revised. After a brief period for public comments, the state adopted the new ETS on June 17. While the new ETS relaxed many rules pertaining to mask usage, it also maintained a number of requirements for many California employers.  Some of the requirements from the original ETS that still apply going forward Read More

COVID-19 Supplemental Paid Sick Leave for California Employees

To help California employees fend off economic instability as the pandemic lingers in some corners of the state, the powers that be in Sacramento approved an additional 80 hours of paid leave for those affected by the virus. The program, dubbed Supplemental Paid Sick Leave (SPSL), applies to public and private employers with at least 26 employees.  The paid leave does not apply to independent contractors. Read More