Category Archives: Employment
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 […]
It’s H-1B Visa Season
2013 H-1B Visa Application Start Date If your firm is seeking to provide a new H-1B visa on or after October 1, 2012, the application season opens on April 2nd. In past years, the maximum number of visas was reached within the first few days of the period, so it will be important to get […]
Are Interns A Good Idea?
By Kim Kennedy Does your business use interns? Are you thinking of hiring an intern or two in the near future? The economy is still struggling, and hiring more employees is a significant expense in payroll costs, as well as in other costs such as health insurance, and training. There are hordes of unemployed recent […]
A New Ambush on At-Will Employment?
by Andrew K Jacobson Once again, the turn of the new year brings new laws into existence. The newspapers focus on cross-cultural clashes like the banning of new sources of shark fins or partial bans on checking job applicants’ and workers’ credit reports. California has also created new penalties if a company willfully misclassifies someone as […]
Willfully Misclassified: New Perils in Misclassifying Workers as Independent Contractors
By Andrew K. Jacobson In an era of ultra-tight budgets, getting something for less is appealing. One such temptation is hiring someone to be an independent contractor, instead of as an employee. The Legislature and Governor Brown, however, have added to the downside of that calculation. Hiring someone as an independent contractor instead of as […]
What It Means to Be Your Consigliere
Contrary to popular perception, “consiglieres” date from times long before the 20th century. The term derives from the Latin “consiliarius” – a counselor. Every leader needs an advisor skilled in what the law requires – and what the law allows. Let’s start off with a few provisos. Bay Oak Law is a “classical” consigliere. It […]
An NDA Can Save the Day
Bay Oak Law’s Laura Koch provides a timely reminder about the importance of Non-Disclosure Agreements: NOOK Lawsuit Demonstrates the Importance of Non-Disclosure Agreements Barnes & Noble, Inc. (B&N) has failed to persuade a federal judge to end a lawsuit regarding its NOOK® eReader. Spring Designs, Inc. claims that the corporate giant used its confidential information […]
Investing in a Little Law
A big worry for stockbrokers about 15 years ago was the rise of the day trader, people who would trade stocks on their own account, paying a minimal charge for each trade. Stockbrokers feared this would be a disaster, but it proved to be a boon. Day traders, focused only on the next trade, were […]
