While a predetermined formula sets workers’ compensation insurance premiums, employers often dispute the amounts of the premiums they are asked to pay and it’s no surprise as to why: Insurance premiums are one of the many challenging costs for California employers. In fact, according to a 2014 report, California is the most expensive state for workers’ compensation costs.
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.
Worker’s compensation insurance is a legal necessity for most employers in California. The purpose of worker’s comp insurance is to provide a safety net for workers if they are injured on the job. There is no cost to workers to file a claim and the insurance must be provided and paid for by the employer.
Insurance Companies Are Looking to Make a Profit
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
Running a business in California can be, for lack of a better term, tricky business. With a seemingly infinite number of employment-related laws, many of which oftentimes appear to contradict each other, many small, medium, and large sized business owners are often left with more questions than answers. Here, we break down some of the basic employment laws in California. For an in-depth discussion, reach out to experienced legal counsel.
Employees vs Independent Contractors
Perhaps one of the biggest employment issues in the state, the issue of whether a worker is an employee or is not, continues to plague employers – to the point of litigation.
Generally speaking, joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities. A benefit of the increasingly popular employment practice is the ease with which joint employers are often able to hire experts in niche industries, individuals with specialist skills, and/or even replace their regular workforce. Currently, however, no single legal definition of joint employment exists and Congress is out to change that.
California’s “Day of Rest” statute continues to plague employers, but a recent case brings with it some good news. Under California Labor Code section 550-558.1, an employer is prohibited “from ‘caus[ing] his employees to work more than six days in seven” unless “the total hours of employment do not exceed 30 hours in any week.”
According to a California Supreme Court ruling that just came down the pipe, employees must average no less than one day of rest for every seven over the course of a calendar month, giving even more work-scheduling flexibility to employers.
Prior to AB 2337, a law that expands the rights of certain employees, victims of domestic violence, sexual assault, and stalking were protected if:
their employers retaliated against them,
they took time off,
they requested reimbursement for lost wages and work benefits, or
sought equitable relief from the Division of Labor Standards Enforcement as it related to their abuse, assault, or stalking.
Things are changing, however, and, with the approval of AB 2337, victims now receive more extensive protection and information.
Overtime pay, or the alleged lack thereof, is an issue we regularly see pop up in the California courts. While California employers generally recognize that non-exempt employees (e.g. many hourly employees) who work overtime must receive overtime premiums on their base pay, not all are aware that these premiums may also be required on other, “supplemental” aspects of compensation to nonexempt employees. A common example? Bonuses.