• posted: Mar. 16, 2020
• Andrea Nocito
• Employment Issues,  Employment Law

California Employer Guidelines on COVID-19 Part II: What should business owners do now? As a California employer, you likely have questions about how best to respond to COVID-19, how to continue Read More

• posted: Mar. 15, 2020
• leslieburkhammer
• Employment Issues,  Employment Law

California Employer Guidelines on COVID-19 Part 1 This is the first of two blogs that we wanted to share with our clients and friends of the firm to help with the Read More

• posted: Oct. 18, 2019
• leslieburkhammer
• Contractor vs Employee,  Contract Workers
• California Labor Code,  Independent Contractors,  Dynamex,  AB-5,  ABC test,  Borello test

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 Read More

• posted: Oct. 04, 2019
• Andrea Nocito
• Employment Issues,  Employment Law,  Employee Rights,  Employee Privacy
• California Consumer Protection Act,  California privacy rights,  consumer rights,  employee privacy,  security breach

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 Read More

• posted: Jul. 31, 2019
• Andrea Nocito
• Real Estate
• commercial real estate,  commercial lease,  landlord-tenant law,  landlord liability,  real estate negotiations

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 Read More

• posted: Jul. 24, 2019
• Andrea Nocito
• Contracts,  Contract Disputes
• confidentiality,  contract terms,  indemnity,  scope of work

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 Read More

• posted: Jul. 18, 2019
• Andrea Nocito
• Business
• business transactions,  exit strategy,  selling a 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 Read More

• posted: Jun. 25, 2019
• Melinda Garcia
• Employment Issues,  Employment Law
• California Labor Code,  compensable,  non-productive time,  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 Read More

• posted: Jun. 25, 2019
• leslieburkhammer
• Employment Issues,  Employment Law
• Background Checks,  employment law,  disclosure,  Fair Credit Reporting Act,  Gilberg v. Cal Check Cashing Stores,  Investigative Consumer Reporting Agencies Act

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). Read More

• posted: Jun. 25, 2019
• leslieburkhammer
• Employment Issues,  Employment Law,  Wrongful Termination
• Wrongful Termination,  employment law,  employee 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 Read More

• posted: Jun. 25, 2019
• leslieburkhammer
• Business
• employment law,  non-compete agreements,  California Business & Professions Code

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 Read More

• posted: Jun. 25, 2019
• Melinda Garcia
• Employment Law
• California Labor Code,  employment law,  notice of conference

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 Read More

• posted: Jun. 25, 2019
• Andrea Nocito
• Business
• employment law,  employment attorney,  non-disclosure agreements

If you are launching a new product or pitching investors, you need an NDA. Throughout the existence of your business, you have likely developed unique ideas, systems, processes, strategies, and Read More

• posted: May 23, 2019
• leslieburkhammer
• Employee Rights
• California Labor Code,  arbitration agreements,  continued employment

When a California employer changes its policies to include mandatory arbitration, does an employee’s continued employment after notification that an agreement to arbitration is a condition of continued employment, maintain Read More

• posted: Apr. 08, 2019
• leslieburkhammer
• Mergers & Acquisitions
• mergers & acquisitions,  MeToo movement,  purchase and sale agreements

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 Read More

• posted: Sep. 21, 2018
• leslieburkhammer
• Business Partnerships
• breach of fiduciary duty,  Business Partnerships,  buy sell agreements,  due diligence

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 Read More