Do You Have Lawful Policies Around Meal/Rest Breaks? Federal law does not give employees the right to take rest or meal breaks during the work day. The law requires employers to pay employees for a certain time, even if it is designated as a break, but it does not require employers to offer employees break time. However, state law is a different story. Several states in the United States require employers to provide their employees with meal and rest breaks. California…

Are You Paying Your Employees Correctly? As an employer, you may believe you are paying your employees correctly, but the reality is that many business owners, especially owners of small businesses, are doing it wrong. Employers in California need to be extremely careful in determining whether or not they are paying their employees correctly because California has stringent laws surrounding employee rights. For example, California strongly regulates how often employers must pay employees and when employers should make payments. Failure…

How a Litigation Lawyer Helps a Business While trying to develop your goods and/or services, you might encounter some legal setbacks. In fact, there are many different legal setbacks you can encounter as a business owner. Fortunately, if you find yourself experiencing a legal setback, you do not have to handle the situation alone. A qualified business litigation lawyer can help you. Even if you think it is not necessary to hire a lawyer to help you when setbacks arise,…

When you think of filing for bankruptcy, you most likely think of a straightforward process that does not involve any disputes. Often, when people are planning to file bankruptcy, they assume they will file paperwork and get a discharge without having to deal with objections from other interested parties, such as creditors and trustees. Indeed, in most cases, this is the case. However, in some bankruptcy cases, disputes may arise and give rise to litigation. The following are some basics…

Are your Independent Contractors really Contractors? Independent contractors are workers who contract their services to a business. It is often difficult to classify or define whether or not an individual is actually an employee or an independent contractor. Failing to classify a worker correctly could have severe and long-lasting negative implications on an employer, especially if more than one worker is involved. Knowing whether or not your independent contractors are really contractors could help your business avoid serious legal difficulties…

Minimizing The Likelihood and Expense of Employment Litigation It is both a business truth and a legal truth that litigation is expensive.  Lawyers, lost work time, court fees — all of these expenses contribute to the high cost of taking a matter to trial.  Even lesser solutions to conflict resolution, including settlement negotiations and arbitration hearings, can be expensive, time-consuming, and stressful to a business. “An ounce of prevention is worth a pound of cure,” as Benjamin Franklin offered. While this is…

The Importance of Employee Handbooks The employee handbook is an important set of documents that defines the company's vision and mission. Having an employee handbook available increases the chances of hiring an employee who combines the company's core values. The employee handbook compiles the procedures, policies, and work expectations for all employees to adhere to. In many ways, the handbook becomes a defining document for the company as written documentation of the overall goals all company employees should aspire to…

Market Manipulation Defense Strategies Market manipulation is one of several securities-related accusations any corporation or shareholder can face through their investment activities.  Specifically, it is defined as a deliberate attempt to alter the value or price of a security for personal gain.  It can also pertain to similar abuse of products or commodities. The Securities and Exchange Commission (SEC), and other governmental agencies both at the federal and state levels, issue guidelines and laws which govern how investment transactions are to…

My Business is Being Investigated by the Securities and Exchange Commission (SEC), What do I do? The United States Securities and Exchange Commission (SEC) is a powerful body.  It has the authority to investigate suspected violations in business or accounting practices, bankruptcy cases, and business transactions of any kind, involving: Companies Brokerage firms Individuals The agency, drawing on a broad range of business and commerce-related statutes and regulations, can and will investigate and pursue cases against all of…

How To Appeal a Labor Commissioner Decision As an employer, large or small, you likely run into wage disputes with employees from time to time.  An employee may file a claim, for various alleged reasons, with the Division of Labor Standards Enforcement (DLSE, also known as the Labor Commissioner).  Such claims are not uncommon in the workplace.  Whatever the outcome in this initial claim, known as the Order, Decision, or Award (ODA), both parties are allowed to appeal. The Right to…