Working in corporate America used to be the goal, but nowadays for many Californians, the 9 to 5 is no longer the preferred form of employment. Indeed, more and more entrepreneurs are venturing out to work for themselves. For some, that means joining together with family to start a small business. And while starting a…
The payment of wages to employees in California is governed by the California Labor Code and regulations promulgated by the Industrial Welfare Commission. These laws and regulations are enforced by the Division of Labor Standards Enforcement. These laws set forth the basic standards for minimum wage, overtime, tips, meal and rest breaks, and time worked. …
Strategic Lawsuits Against Public Participation (SLAPPs) are civil lawsuits or countersuits usually brought by corporations or government entities against individuals or organizations for the purpose of chilling or preventing certain speech or behavior. SLAPPs generally involve claims of defamation, libel, slander, interference with prospective economic advantage, malicious prosecution, and/or abuse of process. Typically a SLAPP…
An insurance carrier and a policyholder have a contractual relationship. The policyholder pays premiums in exchange for insurance coverage for certain events and losses as set forth in the policy. Insurance bad faith occurs when an insurance carrier unreasonably fails to investigate or pay a covered loss, which happens more often than one might think. …
California law requires all employers to carry workers’ compensation insurance, which provides benefits to an employee who sustains a work-related injury and/or illness and covers payments for medical expenses and replacement income during the time when the employee is off work. As long as the business has at least one (1) employee, even a temporary…
In a perfect world, when two parties come to a meeting of the minds, the complete and final agreement is memorialized in the written document. Legally speaking, contracts do not have to be written (although for many reasons, written agreements are preferred), but when they are, the written contract should fully represent the parties’ agreement.…
An ongoing issue for many California employers relates to minimum wage laws. Often, businesses violate wage and hour laws without knowing it. Unfortunately, ignorance is not a defense should a disgruntled employee decide to take legal action against you. California minimum wage Although there are some exceptions, almost all employees in California must be paid…
With summer just around the corner, many businesses are looking forward to the inexpensive and/or free labor provided by unpaid interns. What many businesses may not know is that courts are cracking down on what businesses are able to ‘get away’ with in terms of unpaid internships, as more and more unpaid interns file related…
Facebook founder Mark Zuckerberg is not a stranger to litigation. The tech guru, who made billions on a business model designed to connect friends, family and colleagues, is currently being sued for breaching his alleged promise to introduce select individuals to a seller of a real property in exchange for a reduced purchase price. A…
Think you can fire an employee for posting obscenities aimed at a supervisor? Think again. According to a recently published NLRB decision, an employer violated Section 8(a)(1) and (3) of the National Labor Relations Act by firing an employee for an obscenity-laced spiteful Facebook post directed towards a supervisor on the grounds that the employee’s…