In California, employees are regularly hired “at-will,” meaning that companies can, and do, let them go at any time and for (just about) any reason. However, there is more to letting someone go than just saying “you’re fired” and escorting them from the building. Because of the likelihood of an employee-employer relationship turning sour upon termination, it’s a particularly good idea for a company to have a formal, objective termination policy in place. A termination policy can also help to protect your business in instances of accusations that an employee was let go for a reason that is not legally... READ MORE

As your business grows and you employ a number of people in different positions, you’ll want to consider putting together (and then periodically updating) an employee handbook. This document should be clear, well written, easy to search, and cover a number of different aspects about how your company’s policies will be applied. A handbook not only helps employees understand what is expected of them, but it also protects you in any potential future disagreement with your employees. Having clearly-written policies, which are then properly enforced, can be an integral defense in a labor dispute, and can even help prevent such... READ MORE

The new year will bring with it several new laws that will impact businesses of all industries and sizes. To help highlight some of these changes for our clients, we’ve put together a list of the laws covering some of the most important changes, and some of the steps you can take to remain in compliance. Minimum Wage: As the minimum wage continues to inch towards $15, it’s important for employers to keep track of the incremental increases required each year. On January 1, 2019, the minimum wage will increase to $11 for employers with 25 or fewer employees and $12 for employers... READ MORE

Product liability for brick and mortar stores is generally well understood by the owners and their insurers. On the other hand, online retailers, are often less familiar with their legal responsibilities related to the products they sell. However, understanding and insuring against product liability risks is equally important for both physical and online-only businesses, as without this safety net, an unexpected defect can easily bankrupt your company. Whether you’re selling bath bombs from your home or growing your business of organic dog treats into a thriving national company, you should take the time to understand and guard against the unexpected... READ MORE

Contracts are a core part of running a company. From formalizing a partnership to hiring employees to selling your product, even down to hiring a plumber to fix your office bathroom, contracts determine the details of how your business does business. Because contracts are so integral to running a company, having experienced corporate counsel who you can reach out to for help with your basic contracts (and who can answer questions about new contracts when they arise) is incredibly important. Though the contracts you’ll run into over the years will be remarkably diverse, they all tend to include a few... READ MORE

2018 has been an incredibly eventful year! This year, there were a number of developments in a number of sectors, including important changes in employment law, data security and privacy regulations, and tax rules and regulation. In this newsletter, we’ll “look back” on these developments and highlight for you some of the key changes from 2018 that may affect your business. Employment Independent contractors: California presumes that all workers are employees unless a business is able to demonstrate that they meet every element of the ABC Test: The worker is free from the control and direction of the hirer in... READ MORE

As the popularity of house-flipping shows on TV demonstrates, investing in real estate can be an attractive wealth-building option with a high potential for success.  However, there is also a high risk associated with any real estate venture, both in playing the market correctly and in understanding the financial and legal issues involved in running a real estate investment business. Before taking the plunge and buying a property to flip or rent, it’s important to take a few steps to protect both yourself and your investment. Forming a Real Estate Investment Business While you certainly don’t need to set up... READ MORE

Workers’ compensation insurance is designed to provide wage replacement and medical benefits to employees of a company who are injured while on the job. These benefits are provided to employees in exchange for removing their right to sue their employer for the injury (with some exceptions, such as injury caused by intentional misconduct of the employer). In California, all businesses with at least one employee must provide workers’ compensation insurance to their employees, and this benefit must not be subsidized by the employees. Executive officers and directors of corporations must be included in a company’s workers’ compensation coverage, unless the... READ MORE

Businesses are increasingly widening their hiring net to include individuals who are not U.S. citizens, including businesses in manufacturing, construction, tech, agriculture, and even the service industry. Employers looking to hire foreign nationals need to understand the basics of immigration law to make sure they handle the onboarding process appropriately. Businesses in California also need to be aware of new state laws that impact federal ICE inspections. Having an experienced business attorney on hand is also extremely important in dealing with immigration issues, as the laws here can get very complicated very quickly. Immigration Law Basics It’s easy for U.S.... READ MORE

Whether you’re starting out with partners or considering adding new people to the ownership structure of your already-successful business, one document you want to make sure you have in place is a buy-sell agreement. An incredibly common source of lawsuits is partnership disputes, and these often arise when someone decides that they want to leave the business. Having a buy-sell agreement in place will ensure that you’re not blindsided when something like this happens. Why You Should Have a Buy-Sell Agreement in Place It’s a common enough story. Two friends know that they work really well together, and they decide... READ MORE