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…
Your employee claims to be injured while on the job. Although you may have doubts, as an employer in a state where workers’ rights and workers’ compensation are strictly regulated and enforced, what can you do? To deny the employee’s claim or challenge the validity of their injury could place you and your company at…
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…