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14 04, 2015

Employment Discrimination Laws in California

By | 2017-03-13T09:39:37+00:00 April 14th, 2015|employment discrimination, Labor & Employment Law|Comments Off on Employment Discrimination Laws in California

Absent evidence of a contract or a specific law to the contrary, the employment relationship between employer and employee is typically treated as an “at will” affiliation in California. This means that either the employer or employee may terminate the relationship without notice or good cause. However, pursuant to employment discrimination laws in California, there [...]

8 04, 2015

California Wage & Hour Laws

By | 2017-03-13T12:03:50+00:00 April 8th, 2015|Business Litigation, Labor & Employment Law, wage and hour law|Comments Off on California Wage & Hour Laws

In 1938, the federal government passed the Fair Labor Standards Act to address a variety of labor issues, such as overtime pay and minimum wage. Over the years, most states have also enacted labor laws that are specific to workers within their states. At times, California wage & hour laws conflict with federal laws. When this happens, [...]

22 12, 2014

Respondeat Superior: What it Means to Your Small Business

By | 2014-12-22T18:33:09+00:00 December 22nd, 2014|Business Law, Business Litigation, Commercial Law, Labor & Employment Law|Comments Off on Respondeat Superior: What it Means to Your Small Business

The Latin meaning of Respondeat Superior is “let the master answer”. Today, this legal doctrine has come to mean that an employer is responsible for the actions of their employees and agents performed in the course of their employment. However, as most business litigation lawyers will tell you, the devil is in the details. While [...]

21 11, 2014

Understanding Non-compete Agreements in California

By | 2014-11-21T23:16:58+00:00 November 21st, 2014|Business Litigation, Labor & Employment Law|Comments Off on Understanding Non-compete Agreements in California

Much to the frustration of many business owners, non-compete clauses are unenforceable against most employees under California law. Pursuant to California Business and Professional Code section 16600, contracts that work to prevent employees from lawfully competing with an existing company cannot be enforced, with a couple of very limited exceptions. Is there any recourse for [...]

15 10, 2014

When Is The Best Time For You to Hire a Small Business Lawyer?

By | 2014-10-15T03:26:46+00:00 October 15th, 2014|Business Contracts, Business Formation, Labor & Employment Law|Comments Off on When Is The Best Time For You to Hire a Small Business Lawyer?

Perhaps the best part about having a business in such close proximity to a small business lawyer in San Diego is that you aren’t forced to hire someone in house. A small business lawyer does not involve the same regular expense that one would be forced to pay an in-house lawyer, because he or she is paid [...]

9 09, 2014

Exceptions to the Employment At Will Doctrine

By | 2014-09-09T01:56:22+00:00 September 9th, 2014|Business Contracts, Labor & Employment Law|Comments Off on Exceptions to the Employment At Will Doctrine

Like most states, California has adopted the employment at will rule, which permits employers and employees to terminate the employment relationship without notice and without good cause for doing so. However, employers should be aware of the many exceptions to the employment at will doctrine, which do provide grounds for an employee to assert legal action [...]

27 08, 2014

Developing an Employee Handbook – Part 5

By | 2014-08-27T18:18:30+00:00 August 27th, 2014|Labor & Employment Law|Comments Off on Developing an Employee Handbook – Part 5

5 REASONS FOR SMALL BUSINESSES TO DEVELOP AN EMPLOYEE MANUAL—PART 5 This is the fifth blog in a five part series exploring ways small businesses can save money by developing an employee manual/handbook. In our last blog, we discussed how companies may utilize an employee handbook to reduce worker’s comp claims. This week, we point [...]

12 08, 2014

Developing an Employee Handbook – Part 4

By | 2014-08-12T14:08:50+00:00 August 12th, 2014|Labor & Employment Law|Comments Off on Developing an Employee Handbook – Part 4

5 REASONS FOR SMALL BUSINESSES TO DEVELOP AN EMPLOYEE MANUAL—PART 4 This is the fourth blog in a five part series examining ways small businesses can save money by developing an employee handbook or manual. Last week we discussed how companies can utilize an employee handbook to prevent and prevail on discrimination claims. In this [...]

5 08, 2014

Developing an Employee Handbook – Part 3

By | 2014-08-05T18:31:03+00:00 August 5th, 2014|Labor & Employment Law|Comments Off on Developing an Employee Handbook – Part 3

5 REASONS FOR SMALL BUSINESSES TO DEVELOP AN EMPLOYEE MANUAL—PART 3 This is the third blog in a five part series discussing ways small businesses can save money by developing an employee manual/handbook. The first blog pointed out how employers can reduce their unemployment tax rates by effectively utilizing an employee manual. The second article [...]

28 07, 2014

Developing an Employee Handbook – Part 2

By | 2014-07-28T16:49:35+00:00 July 28th, 2014|Labor & Employment Law|Comments Off on Developing an Employee Handbook – Part 2

5 REASONS FOR SMALL BUSINESSES TO DEVELOP AN EMPLOYEE MANUAL—PART 2 In our last blog, we discussed the first of five reasons businesses benefit from developing an employee handbook or manual—because it saves money paid on unemployment taxes. We explained how an employee’s right to unemployment benefits is often directly tied to whether or not [...]