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
Cashing In: What to Do Once You’ve Decided to Sell Your Business
Anyone who owns a business (or even a partial share in one) will reach a point when it’s time to get out. Sometimes that means passing it along to the next generation, while other times it just means selling out to the highest bidder as fast as you can. But, whatever your reasons are, you’ll want to understand your rights and responsibilities, so you can make informed decisions about what to do. And of course you’ll Read More
What to Do When Your Employee Gets Injured on the Job
There’s one call every employer hopes they never receive; one of your employees has been injured on the job. If your business involves traditionally dangerous work, you may not be surprised to get this call, but workplace injuries, even severe ones, can happen at literally any company that employs people, in any line of work. In fact, one of the most common causes of a workplace injury is a simple fall, something Read More
No Trademark Left Behind: Understanding Abandonment
Have you been keeping track of your trademark? While it may seem like a low-maintenance form of intellectual property, the rights to your trademark can expire if you don't monitor its use. When you stop using your mark for three or more years without intending to use it again, it becomes an abandoned trademark under United States law. As the owner, in other words, you relinquish your rights to the trademark when you Read More
