California’s new Fair Pay Act, which became law on Tuesday, October 6, is posed to be a litigation game-changer for companies that do business in California. Signed into law by Governor Jerry Brown, the Act is intended to “strengthen” the state’s existing equal-pay law by forbidding employers from paying employees less than their opposite-sex counterparts…
New x-mod formulas have been approved and employers should be focusing on limiting the number vs. cost of claims. Changes are afoot in how experience modifications are going to be calculated. An experience modification or “X-Mod” is a percentage calculated by the Workers’ Compensation Insurance Rating Bureau (“WCIRB”) based on an employer’s payroll, number of…
If you are considering buying or selling a business, you’ll want to be familiar with potential legal issues that may arise, including valuation, how the transaction will occur, allocation and taxes, and more. Consulting with a business attorney well-versed in these matters is a smart first step. As you begin to consider a sale or…
If you plan to start a business in California, you are likely considering which form your venture should take. For example, a business may be organized as a sole proprietorship, led by one person who is the owner and operator of the establishment or set up as a type of partnership. Many businesses are formally…
If your California employee was injured, or claims to have been injured on the job, they may want to visit with their own doctor or medical professional. While they are welcome to do so, they generally must also visit with an in-network doctor. Indeed, many workers comp insurance carriers include a Medical Provider Network (MPN)…
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. …
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…
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…