Is This The End Of Independent Contractors?

Is This The End Of Independent Contractors? The California Supreme Court recently handed down a decision that has significant impact on California employers, and that will likely be the catalyst for additional legislative changes and legal battles. In Dynamex v. Superior Court, the Supreme Court established a new test for who is considered an independent contractor for lawsuits brought under wage orders. Read More

Consumer Privacy Policies

Consumer Privacy Policies As was mentioned in my previous blog, consumer intelligence and big data are hot commodities. And while thieves are regularly breaching company walls to steal electronic information, businesses are also taking advantage of the lucrative opportunity of sharing and selling consumer data. And in an extremely competitive environment, it is understandable that a business would do so, Read More

Protecting Electronically Stored Customer Data

Protecting Electronically Stored Customer Data On Facebook the other day I read a post that asked users to list something that they remember from childhood that the current generation would have no appreciation for or understanding of.  Rotary phones, televisions without remotes, no Internet…and the list went on and on. As I looked through the list, and the names of all those who provided input, as well Read More

Workplace Privacy

Workplace Privacy Now more than ever, businesses are relying on the Internet, social media, and other forms of technology to attract and retain customers. As a result, employees are spending more time interacting with these tools. And, as could be predicted, some employees take liberties when using these tools for their benefit. While technology has become more sophisticated allowing employers to limit Read More

Yelp………….That Hurt

Yelp………….That Hurt The Internet, social media, and product and service reviews are now staples in consumer behavior. I routinely use them, and there have been times where a product or service review is the sole criteria by which I make a purchasing decision…….or more importantly, choose not to make a purchasing decision. And while this contemporary word of mouth is a repackaging of recommendations of yesteryear, the Read More

Employee Handbooks

Employee Handbooks Is One Required? The short answer is no. There is no legal obligation that a company have a handbook. However, ask any human resource expert, business owner or lawyer and each will tell you that having a handbook is essential. Asked why, each of the folks would likely give a different reason. The human resources expert would likely say it communicates the company’s policies and Read More

Commission Agreements

Commission Agreements  California law requires that commission agreements be in writing, explain the method by which commissions will be computed and paid, and be signed by the employee. While this seems relatively straightforward, commission agreements have earned a fair amount of attention as employers have, as is sometimes the case, failed to fully comprehend their responsibilities under the law. Read More

So You Want To Convert All Paid Leave To PTO?

So You Want To Convert All Paid Leave To PTO? As most business owners know, California law on sick leave seems to be ever-evolving. And trying to harmonize and keep track of this along with paid vacation leave can be extraordinarily difficult. To simplify the administrative effort in tracking leave balances, many employers are moving to a one-leave-bucket model and calling all paid leave paid time off Read More

Leave Entitlement Law

Leave entitlement under California and federal law is complex. This table is intended to provide a summary of the various leave programs with some key provisions. This chart is subject to change in accordance with applicable law. For the most up to date version of this chart click here: https://www.lawvex.com/leave-law   LAW CALIFORNIA Read More

S-CORP SHAREHOLDER EMPLOYEES, WATCH THOSE DISTRIBUTIONS

S-CORP SHAREHOLDER EMPLOYEES, WATCH THOSE DISTRIBUTIONS So you’ve evaluated a number of business structures and decided that as a sole employee, a Subchapter S Corporation is the most advantageous for your business. Not only does it offer the personal liability protection of the traditional corporation structure, but income passes through to the individual shareholder. And, not only can you take compensation from Read More