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2 Things To Know About California’s New Independent Contractor Rules

On September 18, 2019, California Governor Gavin Newsom signed into law Assembly Bill 5 (“AB-5”). AB-5 codifies the ABC test set forth by the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal. 5th 903 (2018) and expanded its applicability. It expands the ABC test for independent Read More

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New Privacy Rights Are On the Way: What Your Marketing and Human Resources Departments Need to Know

New Privacy Rights are on the Way: What Your Marketing and Human Resources Departments Need to Know Teaser: The California Consumer Protection Act (CCPA) becomes effective January 1, 2020. Failure to comply with this Act risks regulatory and private action including fines of $2,500 per violation. The Act defines a consumer as a California resident, Read More

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The Top 5 Things to Never Allow in a Commercial Lease

The Top 5 Things to Never Allow in a Commercial Lease Stop! Do not Pass Go and collect $200. Many commercial tenants think the negotiation phase is complete once they have settled on a rent price and a term with their landlord. They are quick to “Pass Go” by signing the lease once they see Read More

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The 3 Vital Contract Terms Your Operations Department Must Use in Every Contract

The 3 Vital Contract Terms Your Operations Department Must Use in Every Contract: Scope of Work, Confidentiality, and Indemnity While dozens of contract provisions provide you with legal and cost protections, three specific terms are vital for the success of your operations department. Read below for an overview of how these three provisions influence your Read More

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Preparing to Sell Your Business

Preparing to Sell Your Business If you are like most entrepreneurs, your business is more than your income stream: it is your life. You have poured countless days and nights into delivering quality to your customers, increasing your market share, capitalizing on new opportunities, weathering bad quarters, and have done all of this at the Read More

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Don’t Wait Until It’s Too Late to Correct Your Piece-Rate

When compensating employees under a piece-rate structure, employers must be aware of its nuances. Nonproductive Time One of the first compensation requirements for piece-rate, is there must be a separate payment for nonproductive time unless the employee is paid a base minimum wage for all hours worked. If you are asking yourself, “What is nonproductive Read More

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Employers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks

Employers who use third party vendors to perform background checks on prospective employees must comply with the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The FRCA and ICRAA require employers to give specific and analogous disclosures about an applicant’s rights under the applicable laws and obtain express consent. Because Read More

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Do Not Sugarcoat Performance Reviews!

IMPORTANCE OF PERFORMANCE REVIEWS Periodic employee performance reviews can be valuable tools to help employers improve performance and employee morale at their company. Effective performance reviews can reinforce an employer’s business principles and priorities and help foster the skills the employer wants its employees to develop. They can also help employers gather information needed to Read More

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Can I force my employee to sign a non-compete agreement? Will it later be enforceable?

I am always surprised to hear about California employers forcing their employees to sign non-compete agreements as a condition of employment. This is likely because most employers are unaware that a non-compete agreement is unlawful in California unless the agreement falls within one of the narrow statutory exceptions specified in the California Business & Professions Read More

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Have you Received a Notice from the Labor Commissioner About an Employee Suing You?

Many California employers have received a notice of conference from the labor commissioner. This is because California employees or former employees can bring their wage and hour claims before the state’s Division of Labor Standards Enforcement (DLSE). The DLSE enforces California’s labor laws and wage orders. Under the California labor code, the labor commissioner (who Read More

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