Earlier this year, the California Attorney General Rob Bonta announced an enforcement sweep of loyalty programs operated by retailers, supermarkets, home improvement stores, travel companies, and food service companies. The Office of the Attorney General has issued notice of noncompliance letters to a number of businesses offering financial incentives, such as discounts, free items, or other rewards, in exchange for personal information, that their office believes might not be fully compliant with the California Consumer Privacy Act (CCPA). What is a loyalty program? While structured in a variety of ways, loyalty programs often track how much consumers have spent and/or... READ MORE

The decision to terminate an employee is often a difficult one.  Whether due to finding a replacement, the stress and aggravation the employee situation has become, or due to the potential exposure and liability you could face if the separation is not handled correctly.  However, by ensuring that you have taken into consideration 5 important issues when making the termination decision, you can proceed with the separation, in a fair and consistent manner which best protects your organization.  Is the Decision Justified and Not A surprise to the employee? To protect the organization as well as to avoid turnover whenever... READ MORE

You’ve got this great idea and you love the name you’ve come up with for the brand. You’ve put up a website, created a logo for it, built a business model around the idea and started inviting people to buy, join or invest. Maybe you’ve had a year of moderate success or even super achievements. Then, one day you get that letter or email saying “Hey, that’s my trademark, my brand and my business! We own this and you need to cease and desist from using the brand any further.” (Paraphrased. These notices are a lot stronger with more legalese... READ MORE

Solid legal structures based on setting up the right business entity and working with customized contracts are essential for business success. But is your business structure outdated based on where you’re at today? The legal structure you originally set up has worked for your business to this point, but each year brings numerous changes to tax laws, employment laws, and other areas that may impact your business and its liability implications. As we continue to grow and evolve in our business, it’s always a good idea to check in with your business attorney, accountant and tax advisor regarding where your... READ MORE

Every California employer is required to display current California and Federal Labor Law postings at each company facility; physically posted in conspicuous places in the workplace, such as break rooms or other common areas, where employees can easily read them. Remote Employees: In addition to physical postings at the company facility, employers with remote employees who work entirely from home, must mail hard copies of the required employment notices to the employees homes where they can be posted. If the remote workers periodically report to a physical location, notices must also be posted and visible in that location.  Employers have... READ MORE

The Governor has signed into law several new pieces of legislation effective January 1, 2022.   Here are the changes that impact your business. Minimum Wage Increase in California Minimum wage for California workers of Employers with 26 or more employees will increase to $15.00 per hour.  For employers with 25 or fewer employees, minimum wage will be $14.00 per hour. Note that for the City of Los Angeles, minimum wage is $15.00 per hour regardless of the employer’s size. (Related Article: Be sure to read about required California and Federal Labor Law Postings and how it includes remote employees... READ MORE

The EEOC (Equal Employment Opportunity Commission) has provided guidance on handling employee requests for exemptions from the Covid-19 vaccination mandate noting that employees must inform their employer of their request for exemption if there is a conflict between their “sincerely held religious belief” and the employer’s Covid-19 vaccination requirement.  Employers should provide information to employees about the application procedures and who to contact to request religious accommodation. Employers should assume that such a request is based on a sincerely held religious belief, but if an objective basis is held for questioning the sincerity of the request or belief, employers may... READ MORE

Certain home expenses may be deducted on your tax return if you’re running a business from home. While these deductions may not be applicable to everyone who has been working from home during the pandemic (such as employees), there are a few areas to bring up with your CPA or tax advisor when filing your 2021 taxes. First, the home office tax deduction is available to both homeowners and renters, and certain expenses such as mortgage interest, insurance, utilities, repairs, maintenance, depreciation and rent may be deducted. However, there are certain specific requirements that taxpayers must meet to claim home... READ MORE

As an entrepreneur, having your own book has a number of benefits in setting yourself apart in your industry and even helping others by sharing your story or experience. Writing a book provides you with credibility, you can call yourself an author, and it opens you up to more opportunities when it comes to being seen in the media or getting speaking opportunities which can also set you up as an expert in your field.  Whether self publishing or working with a book publisher, there are legal considerations you need to be aware of while writing your book, before you... READ MORE

Based on the current laws in place, it’s critical that employers are properly classifying individuals providing services as either employees or independent contractors. Generally speaking, if the business has the right to control the details of how the worker’s services are performed or when and how they will be done, that individual is considered an employee. Whereas, an independent contractor is typically an individual in an independent business, profession or trade who offers their services to the public.  The relationship between the worker and the business can be established by looking at the following categories:  Does the company control or... READ MORE