Insights

December 5, 2012 by Jeffrey S. Sloan

New Pregnancy Disability Leave Regulations Take Effect December 30, 2012

On November 30, 2012, the Office of Administrative Law approved the Fair Employment and Housing Commission’s (FEHC’s) new pregnancy disability leave (PDL) regulations. The main purpose of these new regulations is to help workers affected by pregnancy stay in their job. These new regulations, which become effective on... READ MORE

November 6, 2012 by Jeffrey S. Sloan

CA Employees Get Time Off to Vote

With the election here, California employers are reminded that California law provides employees with up to 2 hours paid time off to vote if an employee provides 2 working days’ notice of the need for time off tp to vote. To qualify, the employee must state only that... READ MORE

October 30, 2012 by Jeffrey S. Sloan

Court Rules that Rounding of Employee Time is Permissible

Yesterday, the California Court of Appeal issued an unprecedented ruling in See’s Candy Shops, Inc. v. Superior Court. The Court ruled that it was permissible under California law for employers to round employee time when calculating actual hours worked. It is the first published California appellate case to... READ MORE

October 15, 2012 by Jeffrey S. Sloan

Court Clarifies Employees’ Right to Reporting Time Pay

In California, most employers are required to pay “reporting time pay” to employees who show up for meetings or other work separate from their normal shift. The right to reporting time pay is codified in Section 5 of the Wage Orders, which states — “Each workday an employee... READ MORE

October 5, 2012 by Jeffrey S. Sloan

Governor Brown Signs New Laws Impacting California Employers

In the past few days, the California Governor has signed several new laws that will impact California employers beginning January 1, 2013, unless otherwise noted. These include: AB 1844 (social media): This new law prohibits an employer from requiring or requesting an employee or applicant (1) to disclose... READ MORE

September 27, 2012 by Jeffrey S. Sloan

CA Supreme Court Grants Review in Paratransit, Inc. v. Unemployment Insurance Appeals Board

Back in June 2012, I wrote a blog post about the Court of Appeal’s decision in Paratransit, Inc. v. Unemployment Insurance Appeals Board, 206 Cal. App. 4th 1312 (2012). In Paratransit, the California Court of Appeal held that an employee’s refusal to sign a performance review or disciplinary... READ MORE

September 23, 2012 by Jeffrey S. Sloan

The Executive Compensation Debate: New Study Debunks Old Assumptions

The financial meltdown that began in 2008 caused a lot of finger-pointing: who was to blame and why? Although the list of potential culprits is long and varied — from bank deregulation, to the increased use of credit default swaps and other hyper-complex financing structures, to a “play... READ MORE

September 15, 2012 by Jeffrey S. Sloan

California Courts Remain Hostile to Non-Compete Agreements

A California Court of Appeal recently ruled that a non-compete given in connection with the sale of a business was unenforceable. Fillpoint, LLC v. Maas, 2012 Cal. App. LEXIS 904. Specifically, the Court held that because the non-compete period began on the date of the employee’s termination from... READ MORE

September 5, 2012 by Jeffrey S. Sloan

Partnership, Corporation, or LLC — Which is Best?

One of the most common questions I get asked by entrepreneurs is, “How should we structure our new venture?” Although it sounds like a simple question, there is no one-size-fits-all simple answer. The three most common business structures — partnership, LLC, and corporation — all come with... READ MORE

August 22, 2012 by Jeffrey S. Sloan

Selling a Business — Issues to Consider and Things to Do

Inc. magazine recently ran a series of articles discussing some of the major issues involved in the sale of a business. The series gave a basic overview and also provided some practical strategies and checklists that can be used throughout the sale and closing process. You might find this... READ MORE

August 15, 2012 by Jeffrey S. Sloan

Everyone’s Talking About “Crowdfunding”

Ever since the passage of the federal JOBS Act earlier this year, entrepreneurs and startups everywhere are talking about “crowdfunding.” But what is crowdfunding, and why is everyone so excited about it now? Basically, crowdfunding describes the collective effort of individual investors who pool their resources, usually via... READ MORE

August 2, 2012 by Jeffrey S. Sloan

Arbitration Clause in Employee Handbook Does Not Create an Enforceable Contract

In Sparks v. Vista Del Mar Child Services, the California Court of Appeal held that the mere existence of an arbitration clause in a lengthy employee handbook — without more — does not create a binding, enforceable arbitration agreement between employer and employee. In Sparks, the employer utilized... READ MORE

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