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This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit and Re

Photo by: Jean Labosnyk It’s time for reviews, year-end bonus, and raise determinations. I thought this would be the perfect time to get a better understanding of bonuses. What is a Bonus? A bonus is something “extra” that an employer provides to employees without the obligation to do so. Nevertheless, they are considered wages and are governed by state and federal wage and hour laws. Why give Bonuses? As an employer, employee bonuses are a great idea if you could afford it.

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. You wouldn’t operate on yourself so consult with a lawyer if you have a legal dispute. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a

Photo by: Pavan Trikutam As an owner of a small business, I understand the external demands faced by small and medium-sized business owners. Sometimes we think we can do it all . . . until we realize that we can’t. At some point, a business owner wonders “when should I contact a lawyer?” Unfortunately, many businesses wait until a problem that would have cost a few hundred dollars to fix turns into a $10,000 problem before finding a lawyer. Here is a list of when to call a

This series applies to California lawsuits only. For rules related to lawsuits in any other state, visit the website for your state’s courts. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. Please consult a lawyer for help with your particular case. Below is an infographic chart with an overview on filing a civil lawsuit in California. This article discusses step one, the actual filing of a civil lawsuit. Befo

Last year, I helped another attorney with a case and attended a client meeting with him. We waited for the client in the conference room with 3 other people. When the client arrived, he apologized from being late in a thick Russian accent and proceeded to shake everyone’s hand . . . except mine. I wasn’t imagining it. He shook hands with the lawyer to my right, skipped me, shook hands with the man to my left, the man next to him, and the man next to him. So I stuck my hand ou

The new California paid sick leave law went into effect on July 1, 2015. The law was so confusing that it was clarified with a new bill soon after. Is your policy in compliance? Here are the basics: Who gets leave: Employees who work for an employer for more than 30 days within a year is entitled to paid sick days. Accrual: At least 1 hour for every 30 hours worked. Accrual may be at a different rate if it is accrued regularly and the employee accrues 24 hours or 3 days of le

Personal Cell Phone Use is a Reimbursable Business Expense in California? Yes. Even if an employee has a unlimited plan? Yup. A California appellate court held in Cochran v. Schwan’s Home Service, Inc. that employers must always reimburse employees when they are using cell phones for business when that use is mandatory. This is true even if the employee has an unlimited cell phone plan and does not incur any additional expenses because of the business usage. Colin Cochran wor

Many have asked “are electronic signatures valid?” The answer is YES. Section 1633.7 of the California Civil Code states that an electronic signature has the same legal effect as a handwritten signature. The problem is proving who signed that electronic signature in court. Technology has made it so easy to sign our lives away with merely the click of a mouse. It’s so easy that most of us don’t read the documents nor do we remember if we clicked our agreement. But what hap

You've probably heard the quote "prevention is cheaper than cure" and the same holds true for sexual harassment claims in the workplace. If you're looking ahead and wondering how to prevent sexual harassment, sexual harassment prevention training, is the way to go. If you are a California employer with 50 or more employees, you are subject to a law commonly known as AB1825. This law mandates sexual harassment training for supervisory employees every two years. The law was e

Having employees on-call or on standby allows you to serve your customers 24 hours a day. A great business model if you are paying your employees correctly but could have expensive consequences if you don't. Failure to properly pay employees could be considered "wage theft" in California. Are you paying employees correctly? In California, an employer is obligated to pay the wages of a non-exempt employee for all time that the employee is under the control of the employer. The

Microsoft Images Paying employees on a commission basis makes a lot of economic sense for employers and employees in many instances. However, the fact that wages earned on commission are contingent upon numerous factors makes it fraught with labor law landmines and failure to properly pay employees' commissions could constitute "wage theft" in California. I previously discussed the basics of paying employees a commission. In this part, we will examine a few more common iss

Microsoft Office Happy New Year, and may 2012 be a year full of innovation, success, and happiness for you and your business. With the new laws that went into effect this month, employers have been (or should be) busy reviewing and revising their employee handbooks, offer letters, and employment policies to ensure compliance with the new California laws. Since you are knee deep in the process, I will spare you another post on the new laws that go into effect in 2012. Inste

The end of the year is fast approaching, which means that it is time for California employers to evaluate their policies and procedures to ensure compliance with new California laws that go into effect in January 2012. While you’re cleaning house, don’t forget to review each job description at your company. Here’s why. Last month, United Parcel Service (UPS) was ordered to pay more than $96,000 in damages after the company fired an employee because of her disability. The Fai

A few weeks ago I discussed a new California law requiring employers to continue providing benefits to employees on pregnancy leave. Since then, I have received questions on parental rights in California. In response, today’s post will discuss 3 bodies of law that affect California employees’ parental leave rights. California’s Pregnancy Disability Leave (PDL) California Family Rights Act (CFRA) Contractual Rights California’s Pregnancy Disability Leave (PDL) California G

Earlier this month, the Governor approved a new senate bill amending and clarifying California law on organ and bone marrow donation leave. Here is a quick summary: Employers with 15 or more employees must provide paid leave to employees undergoing organ or bone marrow donation procedures. Employee requesting leave must provide employer written verification that s/he is a donor and that it is medically necessary. Employees are entitled to the following paid leave in a one-ye

Anyone who has dipped their foot into the job market in the last few years will attest to the fact that it is an employer's market. New graduates, current students who want to get a leg up, and even not so new graduates are increasingly willing to work for free in hopes of getting their foot in the door and landing a full-time job or just to have something to fill a growing gap in their resume. Many employers are more than happy to take advantage of the free labor. But shoul

We continue on our review of the new California laws that go into effect on January 1, 2011. The bill of the day is SB 299. As of January 1, 2012, employers will be required to continue group health coverage for up to 4 months for female employees who take pregnancy disability leave (maternity leave). Currently, employers are only required to provide group coverage for up to 12 weeks while employees are on pregnancy leave. The federal Family and Medical Leave Act (“FMLA”) a

Miscrosoft Office images Governor Brown signed AB 1396, which requires that as of January 1, 2013, a commission agreement for services to be provided in California must be in writing. The writing must set forth the method by which the commissions are to be computed and paid. An employer is required to give a signed copy of the contract to the employee and obtain a signed receipt for the contract from the employee. TIP: Although the AB 1396 does not go into effect until 2013

AB 469, which is titled the "Wage Theft Prevention Act" is aimed at ensuring the collection on judgments against employers for violations of wage laws. Increased Exposure for Employers Who Violate Wage Statutes The new law will make it a misdemeanor if an employer willfully violates specified wage statutes or orders, or willfully fails to pay a final court judgment or final order of the Labor Commissioner for wages due. The new law will extend the time limit for the Division