Time to Revisit Your Arbitration Agreement: Courts Issue Significant Decisions Regarding Arbitration Agreements In a significant decision for employers, in January 2024 a federal court in the case of Chamber of Commerce of the USA et al. v. Becerra, et. al. issued a permanent injunction barring California from enforcing Assembly Bill 51 which forbid employers from requiring arbitration agreements as a condition of employment.  The recent decision ends a recent period of time of uncertainty as the case went through the appeals courts, and only voluntary arbitration agreements could be entered into with employees. Based upon the decision, California employers... READ MORE

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

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

In March 2022, President Biden signed into new law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA), barring the enforcement of most mandatory arbitration provisions in cases alleging sexual assault or sexual harassment. The EFASASHA will apply to all pre-dispute arbitration clauses, including those in contracts executed before the law’s enactment. The law will also invalidate pre-dispute agreements that waive an employee’s right to participate in a joint, class or collective action in court, arbitration or any other forum that relates to a sexual assault or sexual harassment dispute. Moreover, if a dispute arises about whether... 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

As a small business owner, self-employed person or wage earner who may earn income not subject to tax withholding (i.e., your employer withholds tax from your paycheck), you may want to look into making quarterly estimated tax payments to help avoid unexpected tax bills or a penalty. Typically, if one expects to owe $1,000 or more when filing their 2021 tax return, they need to make estimated tax payments. In addition to business owners and self-employed persons, sole proprietors, partners and S corporation shareholders are also expected to make tax payments. Corporations generally must make these payments if they expect... READ MORE

The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued a safe harbor allowing employers to exclude certain items from their gross receipts solely for determining eligibility for the Employee Retention Credit (ERC). The ERC is a refundable payroll tax credit available to eligible employers whose operations were fully or partially suspended due to a COVID-19 shutdown. Employers may be eligible for the ERC if its gross receipts for a calendar quarter decline by a certain percentage when compared to a prior calendar quarter. This safe harbor permits employers to exclude certain stimulus proceeds from gross receipts... READ MORE