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Recent Blog Posts
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Preparing to Sell Your Business

Preparing to Sell Your Business If you are like most entrepreneurs, your business is more than your income stream: it is your life. You have poured countless days and nights into delivering quality to your customers, increasing your market share, capitalizing on new opportunities, weathering bad quarters, and have done all of this at the Read More

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Don’t Wait Until It’s Too Late to Correct Your Piece-Rate

Don’t Wait Until It’s Too Late to Correct Your Piece-Rate When compensating employees under a piece-rate structure, employers must be aware of its nuances. Nonproductive Time One of the first compensation requirements for piece-rate, is there must be a separate payment for nonproductive time unless the employee is paid a base minimum wage for all Read More

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Employers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks

Employers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks Employers who use third party vendors to perform background checks on prospective employees must comply with the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The FRCA and ICRAA require employers to give specific and analogous disclosures about Read More

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Do Not Sugarcoat Performance Reviews!

Do Not Sugarcoat Performance Reviews! IMPORTANCE OF PERFORMANCE REVIEWS Periodic employee performance reviews can be valuable tools to help employers improve performance and employee morale at their company. Effective performance reviews can reinforce an employer’s business principles and priorities and help foster the skills the employer wants its employees to develop. They can also help Read More

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Can I force my employee to sign a non-compete agreement? Will it later be enforceable?

Can I force my employee to sign a non-compete agreement? Will it later be enforceable? I am always surprised to hear about California employers forcing their employees to sign non-compete agreements as a condition of employment. This is likely because most employers are unaware that a non-compete agreement is unlawful in California unless the agreement Read More

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Have you Received a Notice from the Labor Commissioner About an Employee Suing You?

Have you Received a Notice from the Labor Commissioner About an Employee Suing You? Many California employers have received a notice of conference from the labor commissioner. This is because California employees or former employees can bring their wage and hour claims before the state’s Division of Labor Standards Enforcement (DLSE). The DLSE enforces California’s Read More

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The Importance of an NDA in Your Business

The Importance of an NDA in Your Business If you are launching a new product or pitching investors, you need an NDA. Throughout the existence of your business, you have likely developed unique ideas, systems, processes, strategies, and plans that you want kept secret. Your customer and supplier relationships might also require you to keep Read More

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Whether Continued Employment is Acceptance of an Arbitration Agreement?

Whether Continued Employment is Acceptance of an Arbitration Agreement? When a California employer changes its policies to include mandatory arbitration, does an employee’s continued employment after notification that an agreement to arbitration is a condition of continued employment, maintain that the employee has impliedly consented to the arbitration agreement? In Diaz v. Sohnen Enterprises, this Read More

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The Weinstein Clauses

The Weinstein Clauses Have you been contemplating a merger and/or acquisition? If so, you may want to include “Weinstein Clauses” in the purchase and sale agreements. Such clauses require the target company, and/or its equity owners, to represent that, within a specific time period, no sexual harassment or assault allegations have been made against the Read More

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Why Should I Care About The Dynamex Decision?

Why Should I Care About The Dynamex Decision? Many California business owners have used independent contractors in an effort to grow their businesses and keep cost down.  Many businesses have used independent contractor arrangements in an effort to “retire” an employee such that the former employee will provide consulting agreements. On April 30, 2018, the Read More

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