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Business
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The Weinstein Clauses

Have you been contemplating a merger and/or acquisition? If so, you may want to include “Weinstein Clauses” in the purchase and sale agreements. Such clauses require the target company, and/or its equity owners, to represent that, within a specific time period, no sexual harassment or assault allegations have been made against the company’s officers or Read More

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What to Do When an Employee Sues You

It can be unsettling and a little hurtful when, despite the fact that you treat your employees really well, one of them brings a lawsuit against you. Having a lawsuit brought against you can compromise the integrity of your business. While it can be difficult to remain calm in the face of an employee lawsuit, Read More

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Use 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

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Mergers and Acquisitions: Why Culture Matters  

Mergers and acquisitions as a growth strategy has become popular once again. Like any business deal, the long-term success takes hard work and a strategic approach to creating synergy between companies. It is not uncommon that employees of an acquired company fear losing their jobs, complain about being in the dark, and feel demoralized regarding Read More

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Plan 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

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Corporate Governance: Director and Officer Personal Liability

A career as an officer, director, or shareholder of a corporation brings great opportunity to be a lauded visionary, strategic thinker, and the leader of a profitable venture, with accompanying compensation. That being said, this position comes with great responsibility and the risk of personal liability is real even when proper liability insurance is in Read More

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What 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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California Court of Appeals Reverses Original Decision Regarding Meal Period Waivers for Healthcare Workers

On October 5, 2015, California Governor Jerry Brown signed into law a bill confirming that hospital employees and other employees in the healthcare industry can continue to waive one of their two meal periods. Healthcare workers that work 12 or more hours in a given day are entitled to two meals, but they have an Read More

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Can You be Held Liable for an Independent Contractor’s On-the-Job Injuries?

Many business owners hire independent contractors because it reduces overhead costs and liability. At least, that is what many business owners believe. While it is true independent contractors are not eligible for workman’s compensation, they are not exempt from liability altogether. Classification of an Independent Contractor According to the IRS, there are three factors that Read More

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Understanding Family Responsibilities Discrimination

Family responsibilities discrimination (FRD) is a common type of employment discrimination that occurs in the workforce, especially towards pregnant women and mothers. However, FRD is not a type of discrimination that many employers even know they are committing. For instance, an employer may choose not to hire someone because they fear that “familial obligations will Read More

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