2019 California Employment Laws
By Lindsay J. Nakagawa, Attorney January 2019 In response to high-profile employment related controversies that dominated the headlines in 2018, the California legislature enacted a number of new employment-related laws. The following provides a brief summary of each. Where applicable, employers must comply with the following laws on or before January 1, 2019. Lactation Accommodation…
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…
Do You Know Whether Your Indemnification Agreement Provides Coverage for Third Party Claims, First Party Claims, or Both?
By Sara A. Bradley, Attorney January 2018 An indemnification agreement is a contractual way for parties to transfer risk of loss, damage, or liability from one party to another.[1] When drafting indemnification agreements, parties usually envision third party losses but may, through oversight or sloppy drafting, fail to consider whether the agreement also covers first…
It’s Probably Not a Good Idea to Defame Your Employer on the Internet, Anonymously or Otherwise
By Sara A. Bradley, Attorney December 2017 Many people enjoy using the Internet because it affords them some anonymity, and they can get away with saying more in cyberspace than they would in a conversation with someone face-to-face. Don’t like a product? Discuss it online. Annoyed with your neighbor? Post about it on your local…
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…
Listing Agents Have Fiduciary Duties to Both Buyer and Seller: Dual Agency Transactions in California in Light of Horiike
By Sara A. Bradley, Attorney October 2017 What is Dual Agency? A dual agency situation arises when the same broker represents both the buyer and seller in a commercial or residential real estate transaction.[1] Many times two real estate agents represent each party while the same broker or corporate brokerage acts as an umbrella supervising…
You and Your Employees Can Be Personally Liable for Wage and Hour Violations Under Both PAGA and the FLSA
By Sara A. Bradley, Attorney September 2017 In a previous article found here, we discuss employer/employee personal liability for wage and hour violations under California Labor Code Section 558.1. In rounding out our discussion on this topic, we investigate California’s Private Attorneys General Act of 2004 (“PAGA”) and the Federal Fair Labor Standards Act (“FLSA”).…