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When Overtime Provisions in a Union Contract Conflict with California Law

Labor agreements reached through collective bargaining often come after extensive, multifaceted negotiations between unions and management. Like any negotiation, one party might compromise on one on issue in exchange for Read More

CA Employers Must Comply With Workplace Violence Prevention Law by July 1, 2024

California has enacted a new workplace violence prevention law, SB 553/California Labor CodeSection 6401.8, requiring nearly all employers to adopt an “effective” written workplace violenceprevention plan (“WVPP”) by July 1, Read More

How an Attorney Can Defend Your Company Against a Discrimination Claim

In today's complex business landscape, companies may find themselves facing legal challenges, including employee claims of discrimination. Navigating through such allegations requires a strategic and thorough approach, often spearheaded by Read More

Business Contracts: How to Avoid Drafting Mistakes

Drafting a business contract is a critical skill that every entrepreneur, business owner or legal professional should be familiar with. Contracts serve as the backbone of business relationships, as they Read More

What is California’s ABC Test for Employees vs. Independent Contractors?

In California as in other states, companies often find it advantageous to hire independent contractors instead of payroll employees to perform specialized tasks. This relieves the company of the obligation Read More

Understanding the Business Judgment Rule

The business judgment rule (BJR) is a legal principle that can provide immunity to corporate directors who are accused of violating their fiduciary duty to the corporation and thus causing Read More

What happens during a workplace investigation?

A workplace investigation is a process that employers use to gather information about allegations of misconduct. The goal of an investigation is to determine whether the allegations are credible and, Read More

Common Types of Construction Contract Disputes

Construction projects are complex and often involve multiple parties, including the project owner, general contractor, subcontractors and suppliers. This complexity can lead to a variety of disputes, both major and Read More

Legal Defenses Available in an Employment Law Discrimination Claim

Unlawful discrimination claims are part of the employment landscape. Even when a company enacts and enforces anti-discrimination policies, there is a fair chance that one or more employees will bring Read More

New California Law Mandates Leave for Reproductive Loss

Governor Gavin Newsom recently signed into law a bill that further expands California unpaid leave byallowing employees to take protected time off due to “reproductive loss.” Senate Bill 848 (“SB Read More

Which Type of Business Entity Best Suits Your Needs?

Choosing a business structure is one of the most important decisions for any entrepreneur starting a new venture. Business entities are designed to protect the owners from personal liability and Read More

Corporate Transparency Act: Beneficial Ownership Information Reporting Requirements

The U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”)published its final rule on September 30, 2022 implementing the Beneficial OwnershipInformation Reporting Requirements of the Corporate Transparency Act, added to the Read More

Understanding the Different Types of Hostile Work Environment Claims

A hostile work environment is created when unwelcome and offensive behavior makes one or more individuals uncomfortable, afraid or feel threatened in their place of employment. To constitute discrimination, the Read More

UPDATE: New California Law Passed Further Restricting the Use of Non-Competes

Effective January 1, 2024, California will further restrict the use of post-employment covenantsnot to compete by authorizing lawsuits against employers who include or seek to enforce voidnon-compete provisions. In its Read More

UPDATE: Representative PAGA Claims Survive After Individual Arbitration

The United States Supreme Court in Viking River Cruises, Inc. v. Moriana divided PAGA claims into twobuckets: (1) individual PAGA claims; and (2) representative PAGA claims (a claim somewhat akin Read More

The End of Remote I-9 Verification

In the face of the COVID-19 pandemic, in March 2020, the Department of Homeland Security (“DHS”)/USImmigration and Customs Enforcement (“ICE”) suspended the physical presence requirement of the Form I-9 verification Read More

Viewing 1 - 16 out of 211 posts

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