In a significant decision impacting employers’ ability to require new and current employees to agree to arbitrate their disputes, the Ninth Circuit Court of Appeals held by a 2-1 decision in Chamber of Commerce v. Bonta that AB51, enacted in California in 2019, which prohibited mandatory arbitration agreements, violated the Federal Arbitration Act.  Based upon its ruling, which reversed an earlier decision issued by the Ninth Circuit, employers can now require employees to enter arbitration agreements as a condition of employment.  California employers must now wait to see if the state of California will appeal to the full Ninth Circuit or the... READ MORE

Our occupational therapist clients are some of the most entrepreneurial because they want to be able to provide a holistic experience for their patients by including a variety of other professionals in their care to fully serve their client and patient needs. Historically, many professional service companies could have other professionals as shareholders, officers, directors and professional employees of their corporation, but this did not include occupational therapy corporations. For example, a physical therapy corporation could hire an occupational therapist. However, there was no provision in the California Corporations Code that would allow an occupational therapy corporation to hire a... READ MORE

As business attorneys, Chase Law Group advises our clients on how to make their online agreements as strong and enforceable as possible. Recently, the Ninth Circuit Court of Appeals issued a ruling that offers important insights for businesses looking to create a bulletproof online agreement. In this blog post, we provide some tips on how to draft online agreements that can withstand legal scrutiny and protect your business. In the case of Oberstein v. Live Nation Entertainment, Inc. a class action lawsuit was filed against Ticketmaster and Live Nation by a group of ticket purchasers who claimed they were charged... READ MORE

There are a number of reasons that California employers may consider audio or video recording in the workplace, including security, safety, and/or to monitor their employees’ and customers’ behavior in their place of business. However, before doing so, employers need to understand the various rights and restrictions related to recording in the workplace. Video Recording As a preliminary matter, despite an employer’s desire to record what goes on at their place of business, the California Constitution guarantees the privacy of its citizens in the workplace, schools, government buildings and other property. Courts and the legislature have determined that this right... READ MORE

Selling a small business is a major decision that should not be taken lightly. It's important to consider several factors when deciding whether to sell, including the current market conditions, your personal goals, and the financial health of your business. Here are some key points to consider when deciding whether to sell your small business: Timing: The timing of when to sell your business is crucial. The market conditions, trends, and the state of the economy can play a major role in the sale of your business. Generally, it's best to sell your business when it's in a period of... READ MORE

Effective January 1, 2023, the state minimum wage will increase to $15.50/hr. Note that certain cities, including City of Los Angeles ($16.04 per hour) and Unincorporated County of Los Angeles County ($15.90 per hour) have a slightly higher minimum wage.  Employers must pay their employees pursuant to whichever law affords employees the highest minimum wage. Also increases in the state minimum wage requires that exempt employees must be paid twice the state minimum wage for full-time employment (40 hours per week). Therefore, as of January 1, 2023, most exempt salaried workers must be paid no less than $64,480 to retain... READ MORE

The Importance of Writing A Business Plan & Its History December is National Write a Business Plan month which is a fitting time for entrepreneurs to be inspired to put a business plan in motion to create the future they desire.  On average the 500+ million business owners around the world have at least two to three competitors, so writing or revisiting your business plan before the new year can put you at an advantage above your competitors, help you obtain funding, and have a strategy for reaching customers. Whether your business is new or old, having a plan to... READ MORE

It's that time of year when we update you on upcoming changes to the employment law landscape and for you to take the opportunity to update your employee handbooks and policies.  Below we set forth the newly passed legislation that that takes effect January 1, 2023 that impacts employers. Expansion of CFRA Leave for Designated Person AB 1041 expands who an employee can take leave to care for under both the California Family Rights Act (CFRA) and California’s paid sick leave law. Beginning January 1, 2023, employees can take CFRA leave or paid sick leave to care for a “designated... READ MORE

Governor Newsom has signed AB 152 which extends an employer’s (with 26 or more employees) obligation to provide Covid-19 Supplemental Paid Sick Leave (“SPSL”) through December 31, 2022.  The prior law covering SPSL expired on September 30, 2022.   Although the new law extends paid leave through the end of this year, it does not create any additional benefits or leave that otherwise existed under the prior SPSL law that expired September 30, 2022.  Thus, if an employee already used their available banks of time under the prior SPSL law, no additional SPSL leave need be provided. For a complete breakdown... READ MORE

The California legislature has passed, and Governor Newsom has signed into law, AB257—the “Fast Food Accountability and Standards Recovery Act” or “FAST Recovery Act.” The FAST Recovery Act tentatively establishes a new Fast Food Council within the California Department of Industrial Relations, but the council will not have full authority until the Director of Industrial Relations receives a petition signed by at least 10,000 California fast-food employees approving creation of the council. The Fast Food Council will have ten members, eight of whom must meet certain criteria (such as representing fast-food restaurant franchisors, franchisees, or employees), and will be appointed... READ MORE