By Melinda Garcia | Published September 21, 2018 | Posted in Business Partnerships | Tagged Tags: breach of fiduciary duty, Business Partnerships, buy sell agreements, due diligence |
Partners, Partnerships, and the Sinkable Boat
Q: What’s the only ship that is sure to sink? A: A partner-ship Well, not necessarily, but at least once several times a month, a new client will come into my office asking me to help them “unload” a bad partner. So, I am often asked, “Am I the only one to go through this?” Read More
Read MoreWhy Should I Care About The Dynamex Decision?
Many California business owners have used independent contractors in an effort to grow their businesses and keep cost down. Many businesses have used independent contractor arrangements in an effort to “retire” an employee such that the former employee will provide consulting agreements. On April 30, 2018, the California Supreme Court issued its decision in Dynamex Operations Read More
Read MoreEmployer Unintentional Failure to Ensure Wage Statements Comply with the CA Labor Code Can Equate to Costly Penalties Under PAGA
It goes without saying, being an employer is California is tough. There are countless laws in California pertaining to employee wages that must be complied with or the employer may be subject to significant penalties. Employers should be on notice that due to a recent decision of the California Court of Appeals, no intent or Read More
Read MoreUse of Past Salary Justification for Pay Disparity Says California Court
California’s Ninth Circuit reversed a district court ruling in Rizo v. Yovino that held that an employer violated the Equal Pay Act because of its bright-line policy rule of paying new employees 5% more than their prior salaries. The district court agreed with the Equal Employment Opportunity Commission (EEOC), finding that basing compensation on an Read More
Read MoreHow to respond to a government audit of your employment records
You may have seen the recent headlines about Google – they successful fought a request by the federal government, Office of Federal Contract Compliance Program (“OFCCP”), for the contact information for 25,000 employees! The OFCCP audits federal government contractors to ensure compliance with federal discrimination laws. As a federal government contractor, Google spent $500,000 (for Read More
Read MorePlan for Succession: Exit Strategies for Your Businesses
Entrepreneurs often live and focus on the highs and lows of launching a new business venture. One key aspect that they often forget is that a decision made on day one of the business can have a huge impact on its last day. While building a business worth a fortune is vital, making sure you Read More
Read MoreCalifornia Further Restricts Employers Trying to Enforce Non-Competes
Companies that have headquarters outside of the Golden State typically have employment contracts that purportedly are governed by the substantive law of the state in which the enterprise is headquartered. Even when the company hires workers who live and work in California, the choice of law provision in an employment agreement generally reigned. While this may Read More
Read MoreCalifornia Employers Must Pay Commissioned Employees for Rest Breaks
Earlier this year, a California Court of Appeals held in Vaquero v. Stoneledge Furniture LLC that an employer violated state law by not paying commissioned employees for their rest breaks. Under state law, employees must be provided with paid 10-minute rest breaks for every four hours of work, or fraction thereof. In Vaquero, the employer operated Read More
Read MoreWhat to Do When a Shareholder Dies
When a shareholder of your corporation dies, it can spark a lot of questions, such as who gets his or her remaining shares? If a relative inherits them, can you control to whom they go and that person’s subsequent role within the corporation? Can existing shareholders buy out the deceased shareholder’s shares? At Garcia & Read More
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