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Category Archives: Business

Tips for Employers About Tips in California

California has a long tradition of being employee-friendly: covenants not to compete by employees are unenforceable, and the minimum wage is usually higher in California than that nationally. The same is true for professions with tips, which may be the next “hot” area of labor law in California. Employers whose employees earn tips had best get […]

California Supreme Court: Employers Do Not Have to Ensure Employees Take Breaks

The state Supreme Court has finally clarified California employer obligations regarding employee meal periods and rest breaks. As we predicted after the oral arguments in Brinker Restaurant Corp. v. Superior Court (“Brinker”), the Court determined employers have no duty to ensure that employees perform no work during meal breaks. The Court also ruled on the number […]

Wisdom of the Supremes

“For protection against abuses by legislatures the people must resort to the polls, not to the courts.” Munn v. Illinois, 94 US 113, 134 (1877). Courts are good at procedural issues, and rights protection. They are ill-equipped to decide the best way to do things.

ADA – Be Proactive

The volume of “snail mail” is down tremendously compared to a few years ago, so when a business owner gets a letter in the mail claiming that the business has a disability access problem, it should stand out. Unfortunately, it doesn’t, even when it should. A letter about “ADA” is not something about your great-grandmother’s […]

Don’t Let Your Company Be a Software Theft Ring

Would you encourage your employees take a five-fingered discount from the office supply store? Probably not. Would you cheat a hard-working employee by not paying her? Of course not. However, in the press of the Great Recession, software piracy is still prevalent, and lax controls on software may be jeopardizing your company. When buying new […]

Small Claims Court Limit to Increase

Governor Brown has signed a law raising the upper limits for some small claims actions. Beginning (presumably) January 1, 2012, the upper limit for some small claims court actions will be $10,000 for individuals (though only twice each calendar year). The limit for bodily injury claims against insured drivers is still $7500. Corporations or businesses […]

Using Certified Interpreters

Interpretations in California courts must be done by certified or registered interpreters. This also applies to translations of documents.

A Story, Short & Sweet, About Covenants Not to Compete

Business lawsuits can grind on for a long time, and become very expensive. While many lawyers like that, most clients prefer something short, and preferably very sweet, in the sense of winning at the end. Twice, though, I have been involved in cases that were short and sweet for our clients. The area of law […]

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