Archive for the ‘Running a Business’ Category
Monday, January 30th, 2012
As of 2012, California employers should update their employee handbooks, leave policies, and posted notices to conform to two new changes in California’s pregnancy disability leave laws. The first of these changes clarifies that the employee’s pregnancy disability leave rights cannot be interfered with or restrained by the employer. The second and more significant change requires employers with five or more employees to continue paying group health insurance premiums for up to 16 weeks for employees who are disabled due to pregnancy, childbirth, or a related medical condition. (more…)
Posted in Employment, Labor Law, Running a Business
Wednesday, November 23rd, 2011
What would you do if you found your employee expressing potentially offensive personal views on Facebook, Twitter, or Linked In? On their computer screensaver at their workstation? On their own blog, or in comments on other people’s blogs?
If you order the employee to remove the offending material, he or she may file a claim for discrimination or for violation of his or her employee labor law rights. If you do nothing, other employees may be offended, and if the material has sexual, racial, religious, or other discriminatory overtones, you may see your inaction as approval of hostile workplace conditions that discriminate against them. Your employee’s offensive comments may also cause you to lose customers or valued business associates. (more…)
Posted in Labor Law, Running a Business, Social Media
Tuesday, October 4th, 2011
Should California businesses be wary of lawsuits from employees claiming discrimination for being ugly? An economics professor’s recent op-ed in the New York Times points out some of the disadvantages to being less than good-looking, and asks whether protections against discrimination in the workplace and in other areas should include the “looks-challenged.”
Our primary anti-discrimination laws come from California’s Fair Employment and Housing Act (FEHA), the federal Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Taken together, these laws cover discrimination based on the usual categories, such as gender, age, race, and religion. They don’t say it’s illegal to discriminate against the ugly, or for other appearance-related reasons. And while there are a few laws here and there outlawing appearance-based discrimination, such as some cities’ local laws (ordinances), for the most part it’s still an open question. (more…)
Posted in Business Disputes & Lawsuits, Running a Business
Friday, August 19th, 2011
If you are a California employer, it’s crucial to accurately calculate overtime pay for employees. If you unintentionally violate overtime pay laws, your employees can file a state or a federal claim against you. You can then be forced by the government to pay all unpaid overtime, along with hefty penalties. As an employer, you can save a great deal of money and worry when you understand which employees are entitled to overtime pay under California and federal labor laws, and when that overtime pay is due.
Exempt vs. Non-Exempt Employees
California wage-and-hour laws classify employees as either “exempt” or “non- exempt.” A California exempt employee is one who meets the legal requirements to be considered “exempt” from receiving overtime pay. California exempt employees are also not covered by most other California wage-and-hour laws, such as those pertaining to rest breaks, meal periods, alternative work week schedules, requirements for time keeping, and so on. (more…)
Posted in Employment, Labor Law, Running a Business
Friday, July 29th, 2011
California is one of the most ADA (Americans with Disabilities Act) compliant states in the country. However, it also generates a large number of ADA-enforcement lawsuits. If you own a business, you should be aware that if your commercial space (whether owned or rented) does not meet all legal requirements for accessibility by disabled people, your business may be sued.
Most disability access lawsuits are brought over a lack of handicapped parking, inaccessible restrooms, and problems with entryways. Common targets are stores, motels, restaurants, and office buildings. If a court finds that your business violated disability access laws, your business will be required to pay up to three times the amount of the handicapped person’s losses, with a minimum of $4,000, plus attorney’s fees and costs, even if the violation is extremely minor. It does not matter if you did not even know about the violation, or if you knew about it but could not afford the building changes. Your business can still be required to pay and to fix the violation. (more…)
Posted in Access, ADA Compliance, Business Real Estate, Running a Business
Friday, July 29th, 2011
The Value of a Trademark
Have you ever noticed a little ™ or ® symbol at the last part of a company’s logo? That tells you that the company is using a trademark to protect their brand. Because consumers often recognize and select products by brand, a trademarked brand can have significant value to the business that owns it. (more…)
Posted in Running a Business, Trademarks
Friday, May 20th, 2011
If your business offers benefits to the spouses of your employees, you will also need to evaluate what benefits must be offered to California registered domestic partners of employees. Making benefits available to your employees’ domestic partners may be more than a good business practice; it may be a legal requirement.
Generally speaking, two unrelated, single and consenting adults may form a registered domestic partnership in California by living together, meeting certain requirements, and filing paperwork with the state. While it is true that most domestic partnerships are formed by same-sex couples, heterosexual couples where one partner is at least 62 years old may meet the legal criteria as well. (more…)
Posted in Employment, Running a Business
Friday, April 1st, 2011
A business may cease operations for many reasons, with today’s economy being just one. Dissolving a business can be an extremely difficult process, both financially and emotionally, especially if there has been a breakdown of the relationship among owners. This is as true for small, two-person businesses as it is for large companies.
Consider the story of a woman who decided to close down her cosmetics company after ten years of operation, as told by the Indie Business Blog in a posting called “A Going Out of Business Success Story.” As the sole employee of her business for many years, Jen Denslow struggled with finding the balance between work and her personal life – so much so her health declined significantly. Ultimately, she decided that closing down the business was in her best interest. (more…)
Posted in Closing a Business, Running a Business, Selling a Business
Wednesday, December 22nd, 2010
Unlike a corporation, where bylaws regulate how the organization operates, the members of a limited liability company – which functions as a type of partnership – have great latitude to shape the operation of their business. Having a well drafted LLC operating agreement that controls the way the business is managed helps the owners avoid many problems.
Why the LLC Agreement is so Important
An LLC agreement is a contract between the members of the LLC with each other and with the business entity itself. The agreement details how the business is organized, and can grant the members binding powers over daily management issues and give members broad decision-making authority. Because the LLC agreement describes the members’ rights relating to the operation of the company it should be carefully negotiated, put in writing, and signed by all parties. (more…)
Posted in Running a Business, Starting a Business
Wednesday, November 24th, 2010
Employee Rights to Use Medical Marijuana and Other Prescribed Drugs
1. Marijuana Use under California Law
California’s Compassionate Use Act of 1996 allows a person to possess and use marijuana under a physician’s prescription, strictly for medical use. It provides that the person who has and uses marijuana but complies with the law may not be criminally prosecuted for this by the State of California. It allows persons with certain medical conditions, such as cancer, chronic pain, and glaucoma, to use marijuana without fear of criminal prosecution by the state.
This law raises a question for California employers, who are required to comply with the Americans with Disabilities Act (ADA). Under the ADA, employers must provide reasonable accommodations to employees with disabilities. Are California employees who have a physician’s prescription for medical marijuana use protected in any way by the ADA? And what about employees who use other prescribed drugs that may affect their job performance, or cause them to fail a drug test? (more…)
Posted in ADA Compliance, Employment, Running a Business
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