Independent Contractors Under New California Law

By Lindsay J. Nakagawa, Attorney September 2018 Many businesses, especially small businesses or those performing services in a particular industry, retain independent contractors. Utilizing the services of a contractor allows a business to seek outside help without liability or added expense and provides contractors with business expense tax deductions and freedom to set their own…

Is My Liquidated Damages Clause Enforceable?

By Sara A. Bradley, Attorney April 2018 What Are Liquidated Damages? In general, liquidated damages are dollar amounts written into a contract to provide compensation to an injured party when the other violates the contract. When a violation, or breach, occurs, the injured party receives the amount of money agreed to in the contract. Liquidated…

You Must Follow PAGA’s Administrative Procedures “to a T” to Bring a Claim

By Sara A. Bradley, Attorney March 2018 California enacted its Private Attorneys General Act of 2004 (“PAGA”) to improve enforcement of labor code violations.[1] Under PAGA, aggrieved employees may pursue civil penalties on behalf of themselves, other employees, and the State of California Labor and Workforce Development Agency (“LWDA”) for certain labor code violations.[2] To…

Every Business Owner’s Worst Fear: Piercing the Corporate Veil

By Sara A. Bradley, Attorney February 2018 One reason business owners or managers form corporations or limited liability companies (LLCs) is to ensure they are not personally liable for business debts if the company cannot pay its creditors. There are times, however, when courts will hold the corporation or LLC’s owners, officers, shareholders, or members…

Express Indemnification in California

By Sara A. Bradley, Attorney November 2017 Indemnity is an “obligation resting on one party to make good a loss or damage another party has incurred.”[1] Essentially, indemnity involves a transfer of risk from one party to another, where one party agrees to protect another for its losses.[2] The indemnitor is the party who is…