In today’s competitive business climate, “poaching” key employees is not unheard of. Does the business’s Comprehensive General Liability policy cover a potential lawsuit brought by the former employer? For example, what happens when you hire an employee away from a competitor, and the former employer sues you for a host of wrongful conduct claims, including…
California retailers have until April 8, 2015 to formally comment on new safety regulations proposed by the Office of Environmental Health Hazard Assessment (OEHHA) which, if adopted, is expected to increase litigation risks and costs for retailers operating within California. The ostensible purpose of these new regulations is to clearly specify warning requirements of Proposition…
Bad things happen to good businesses and to good people. Most businesses and individuals carry insurance for this reason. But what happens when the insurance carrier denies payment on the claim without a reasonable basis for doing so? Or, what if the insurer fails to properly investigate the claim in a timely manner? Where can…
The issue of expense reimbursement in the workplace is not a new one. Most employers are aware that they must reimburse an employee for certain expenses. In accordance with California Labor Code §2802, an employee is entitled to be reimbursed by an employer for all expenses or losses incurred in the direct consequence of the…
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…
A 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…
Why 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…
While 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…
The 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…
If 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…