The differences between exempt and nonexempt employees in California are substantial, and abiding by the rules for both is crucial to keeping your business in good standing. There are advantages to properly classifying your workers as exempt if they truly qualify for that designation, such as not having to pay for breaks or overtime, but it can be very costly to exempt workers who don't meet the requirements for Read More

If you haven’t been following the Viking River Cruises, Inc. v. Moriana case, we’ll quickly get you up to speed. In short, the plaintiff of the case, Angie Moriana, was an employee of Viking River Cruises. When hired, Moriana agreed to a contract specifying that any employment disputes would be compelled to arbitration, waiving class action and PAGA claims. Later, Moriana sought to bring a PAGA action against Viking, Read More

If your business is facing potentially severe damages as a result of intellectual property infringement, breach of contract, or other damaging actions by a third party, injunctive relief may be your solution. These injunctions can prevent a party from continuing their actions or ensure that they act in compliance with the order of the court in order to prevent any more damage to your business. Temporary Read More

Similar to many other states, California has created laws that seek to discourage those who might wish to defraud the state by expanding upon federal whistleblower laws. These laws provide employees with protection from wrongful termination if they report the theft of government funds. California provides its citizens with the ability to utilize qui tam lawsuits extensively, which creates a significant risk to Read More

The federal Worker Adjustment and Retraining Notification Act of 1988 (WARN) requires employers to give advance notice to employees and their representatives before closing down a facility or engaging in mass layoffs. This law has been expanded in California, and this blog provides a brief overview of the WARN Act as it affects California's employers.   When Does WARN Apply? In California, any business with Read More

In January, Senate Bill 331 went into effect. An expansion of the STAND Act passed a few years ago, S.B. 331 now makes it unlawful to use confidentiality provisions in settlement and separation agreements that would silence a person who has alleged discrimination or unlawful activity in the workplace. Moving forward, employers must make sure they act in accordance with this new legislation when they find themselves Read More

In the modern world of video streaming, NFTs, and more digital content than ever before, our copyright system has truly been tested. Content creators and other creatives may be confused as to what content they’re legally allowed to use and understandably so. The purpose of this blog is to clarify how works enter the public domain and how to protect yourself from copyfraud claims. Understanding Public Read More

While both are bad for your business, trademark infringement and dilution impact your brand in different ways. As such, they are treated differently under United States trademark law and have different requirements for litigation. The differences between the two could be important to how your business handles any trademark disputes that may come your way. Infringement Requires Product Confusion The standard by Read More

While small businesses may be able to operate with a local trademark, businesses seeking expansion and growth may want to register their trademarks federally to turn them into valuable assets. If your business wants to begin operations overseas or over the internet, a federal trademark can be an important first step. Federal Trademarks Provide Protection Outside of Your Area Without a federally registered Read More

The California Labor Code has always been a difficult area to litigate, but the landscape of one of the United States’ most contested areas of law may change drastically soon. Depending on the decision of the Supreme Court in the upcoming case of Viking River Cruises Inc. v. Moriana, PAGA (the Private Attorneys General Act) will either be upheld as is, or the Supreme Court will rule that the FAA (Federal Arbitration Read More