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…
City ordered to execute long term contract for the Sepulveda Golf Complex Concession LOS ANGELES, CA, March 25, 2015—After a four-year battle, the California Court of Appeals has upheld a writ of mandate, compelling the Board of Commissioners of the Department of Recreation & Parks to execute a permanent long term contract for Ready Golf to…
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…
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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A recent labor decision has further defined the differences between an employee and an independent contractor and their classification for employment purposes. For several reasons, the least of which includes potential employment-related litigation, the proper qualification of a worker as an independent contractor or an employer is crucial. At issue in this case, involving FedEx…