Just as forming a business partnership under California law requires completion of certain tasks, ending a partnership is also a process. General partnerships, where there is no specific end date, must be dissolved using three basic steps. These steps apply when partners voluntarily agree to dissolve the partnership. Where partners cannot agree, legal action is typically the best way to resolve disputes over the dissolution process.
Reports of sexual harassment in various California workplaces are in the news almost daily, due, in part, to the recent Hollywood scandals regarding some of the industry’s biggest players. Thankfully for California employers, there are three general steps employers can take to reduce the likelihood of becoming part of the headlines.
If you hire an employee for one job, with certain duties, are you, as an employer in California, able to add additional requirements and threaten termination if the employee doesn’t complete these additional requirements?
This is a common situation, particularly when it comes to jobs requiring driver’s licenses. Although some employers initially hire an employee who does not have a license because such a requirement is not in the job description, many employers change the job descriptions to add a licensing requirement and threaten termination if the employee does not obtain a license.
If you are applying for a job in 2018, or planning to hire employees in the New Year, you may want to read up on two California laws that, as of January 1, 2018, will apply to the job application process.
An Applicant’s Criminal History
Under California law, employers must have worker’s compensation insurance policies in place to cover their employees. The state also allows certain employers to self-insure. This is called a Self-Insurance Program (“SIP”). Which Employers Can Self-Insure? California has specific guidelines in place that determine whether an employer can self-insure. First, employers who want to self-insure must…
In California, a law exists to help regulate competition between different types of businesses: the California Unfair Competition Law (UCL). One of the main objectives of the UCL is to reduce the amount of false advertising that takes place in certain industries.
Defining Unfair Competition in California
When was the last time your company offered management and/or employee training programs? It’s well known that these informative programs have both practical and legal significance for your business. When run correctly, these programs are vital, as they should be specific to addressing the needs of your business and its organizational mission.
The Practical Importance of Training Programs
Workers’ compensation insurance costs are directly tied to the classifications assigned to a business. An employer may be forced to pay more in premiums if the Workers Compensation Insurance Rating Bureau (WCIRB) or insurance carrier incorrectly assigns a more expensive classification.
While the Insurance Commissioner relies on the WCIRB to develop classification rules, RPNA recently succeeded in overturning two WCIRB classification assignments. And it did so after a hearing in front of an administrative law judge assigned by the Insurance Commissioner.
Companies sometimes dismiss trade secrets as a significant form of intellectual property because unlike patents, copyrights or trademarks, trade secrets are not publicly recognized or registered with the government. Indeed, every aspect of the trade secret depends on just that, secrecy. Once a trade secret becomes known, the value is lost (and a business generally suffers). Fortunately, California has laws in place to protect trade secrets.
Under California law, which is more generous to employees than federal law, employees are entitled to specific meal and rest breaks. Indeed, California is one of the few states that require employers to give their workers both meal and rest breaks. In one of our recent landmark cases, heard by the Supreme Court of California, it was affirmed that “on-duty” rest breaks are in violation of California wage and hour laws (more on this precedent-setting decision here).