News

IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS? YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM

IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS?  YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM Scenario:  an employer settles claims by an employee.  The...

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THE ERA OF REMOTE WORKER PAY

THE ERA OF REMOTE WORKER PAY While the era of employee resignations may be ending, the era of remote working is not gone.  It is here to stay, and employers must address how to pay remote workers.  Historically, the employer’s place of work dictated the pay of employees who worked...

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ARE YOU READY FOR CALIFORNIA’S NEW AUTO-RENEWING SUBSCRIPTION LAW?

ARE YOU READY FOR CALIFORNIA’S NEW AUTO-RENEWING SUBSCRIPTION LAW? If your business provides automatic renewing subscriptions to consumers, effective July 1, 2022, California’s Automatic Renewal Law (“ARL”), one of the most robust statues of its kind, will place stricter requirements on enrollment in (and cancellation from) paid subscription services. The...

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ROE IS GONE – EMPLOYERS REVIEW BENEFITS AND LEAVE POLICIES

ROE IS GONE – EMPLOYERS REVIEW BENEFITS AND LEAVE POLICIES Undoubtedly, you’ve heard that the US. Supreme Court’s ruling overturning Roe v Wade was issued today, leaving state laws to control the issue.  While many employers are not taking a formal position on the issue, many employers are sensitive to...

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LLC or S-Corp: Which entity is best for you?

LLC or S-Corp Which entity is best for you? When choosing a form of entity, small business owners often end up deciding between an S-Corporation and a Limited Liability Company.  LLCs and S-Corps have some common characteristics but are very different in other ways.  Here are some things to keep...

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SUPREME COURT RULES ON PAGA ARBITRATION

SUPREME COURT RULES ON PAGA ARBITRATION The United States Supreme Court ruled in the case of Moriana v. Viking River Cruises, Inc., that the Federal Arbitration Act (“FAA”) overrules, in part, California Supreme Court authority limiting the application of arbitration agreements to representative actions brought under California’s Private Attorney General Act (“PAGA”)....

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INDEPENDENT CONTRACTORS VS EMPLOYEES – UPDATE

INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees.  The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...

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EMPLOYEE BACKGROUND CHECKS

EMPLOYEE BACKGROUND CHECKS Background checks are an essential part of the hiring process and can help employers make better hiring decisions by uncovering valuable information about a candidate’s work experience, however employers need to be mindful of the rules surrounding them.  Background checks are governed by The Fair Credit Reporting...

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EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT

EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT In the case of Naranjo v. Spectrum Security Services, Inc., the California Supreme Court just gave employers more incentive to ensure their employee compensation policies and practices, and employee paystubs are accurate and contain all of the required information.  In California, employers...

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