Worried about negative online reviews of your business? You’re not alone. With the widespread reach of Yelp and Google reviews, among others, some business owners have included so-called “non-disparagement clauses” in contracts with consumers. That is, the business requires the consumer to agree to not make negative statements about the business online. If the consumer…
DetailsA new employee is receiving training on the company computer system from her manager. He’s sitting close to her, but is it too close? There were a few unnecessary touches on the arm and leg, but what’s a new employee to do? And then throw in sexually-charged text messages, dirty jokes, cornering an employee in…
DetailsWhy do businesses buy insurance? In essence, to buy peace of mind. Buying insurance, however, is very different than buying other products. When you buy that delicious cup of coffee at Starbucks you can see it, smell it and taste it. When you buy insurance, you hope you never use it, and you put your…
DetailsWhile all is fair in love and war, established laws of competition govern in the California business arena; specifically California’s Unfair Competition Law (“UCL”) (found under California Business & Professions Code Section 17200 et seq.). Under the UCL, unfair competition refers to any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or…
DetailsRoxborough said in the article that the complaint quoted an email out of context to imply that his client Bahar Gharib-Danesh, ordered her staff to provide unnecessary services to injured workers being treated at her Pain Free Management clinics. “Carriers out there are doing very little else other than using their muscle and threats to intimidate and…
DetailsThe importance of an employee handbook cannot be overstated. In the past, employers would hire their staff and give verbal instructions about the expectations of their job, if they provided any at all. Today, however, with employment laws changing frequently (often each July and January) and with more and more lawsuits arising out of policy…
DetailsIf you are considering requiring your employees or prospective employees to submit to workplace drug and alcohol testing, you would be well advised to know how far your rights as an employer extend under both federal and California law. Drug testing in California At the state level, the California Constitution guarantees a right to privacy…
DetailsIn a landmark decision affecting workers’ wages, the California Supreme Court recently held that employees who are merely “on call” at the employers’ behest are, in fact, “working” and must be paid their full wages. This is the first case to determine that simply being on call, i.e. being ready to work, is actually working…
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In the recent case of McGill vs. Citibank, when a dispute arose between a consumer and her credit card company regarding the application of certain credits on her charge account, the Plaintiff, Sharon McGill, sued Citibank under the theory of unfair competition and false advertising. She also sought an injunction to compel Citibank to cease from engaging in the conduct of which she complained.Citibank wanted to arbitrate the claim, which of course is a form of alternative dispute resolution that takes place outside of the courtroom setting. Arbitration can be binding (meaning the decision is
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Your new employee starts work on September 1, 2015 (yes, a few months down the road, but let’s just imagine…). On December 1, 2015, they request several days paid sick leave. Your first reaction may be to say “not yet” but under a new law known as the Healthy Families Act of 2014 (which goes into effect July 15, 2015), you will be required to provide paid sick leave to certain California employees who have worked 30 days. In other words, once your employee works 30 days, as an employer, you are required to provide sick time of up to 3 days. Of course, an employer can
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