Archive for General Business

New Bill, AB 10, Seeks Increase in State’s Minimum Wage

On Monday December 3, 2012 — the first day of the next legislative session — Assembly member Luis Alejo (D-Salinas) introduced a new bill (AB 10) that would significantly raise the state’s minimum wage to $8.25 beginning in 2014.  The bill proposes additional increases in 2015 (to $8.75) and…

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…

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…

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…

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…

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…

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…

SF Mayor Lee’s Business Tax Plan Gets Key Business Backing

Today, SF Mayor Ed Lee joined with his political rival to announce a grand compromise for overhauling San Francisco’s business tax that will result in a single measure going before voters in November.  If approved, the ballot measure will change how the city levies its often-criticized business tax, which…

If You Fire an Employee for Wrongdoing, Can You Successfully Challenge His Claim for Unemployment Benefits?

Whether a fired employee is eligible for unemployment in California depends on whether the employee’s conduct constituted “misconduct” within the meaning of Section 1256 of the California Unemployment Insurance Code.  If the wrongful conduct rose to the level of “misconduct,” then the employer may be successful in challenging…

U.S. Supreme Court Upholds Patient Protection and Affordable Care Act

The U.S. Supreme Court today upheld the Patient Protection and Affordable Care Act.  By a vote of 5-4, the Court ruled that the part of the law that requires everyone to buy health insurance or pay a fine – the so-called “individual mandate” – is constitutional because it…