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Huntington Beach Law Blog

Has the time come to dissolve your business partnership?

No perfect way to predict the future exists. You can certainly make plans and projections and hope that the outcomes you desire are the ones you reach, but those end results do not always take place. In the business world, you certainly know that you will have to contend with the downhill periods along with the successes.

In particular, you may face disagreements with your business partner along the way. In some cases, you may have resolved the issues easily enough, and in other instances, more drastic action was necessary. Finally, you have come to the decision that the partnership needs to come to an end entirely.

Three key legal safeguards when you start your own business

You finally did it. You said good-bye to your dull, nine-to-five job, and you've decided to branch out on your own. You're starting up your own company, and you'll be doing something you love. It's an exciting time, and you can't wait to get started.

While your entrepreneurial spirit is telling you to dive in head first--and throw caution to the wind--there are some key foundational elements you want to be sure to put in place before you're up and running. Getting your ducks in a row from the start is a worthwhile step, because it can help you avoid unnecessary litigation down the road.

What World Cup reporters can teach us about workplace harassment

The United States is still catching up to the rest of the world in regards to World Cup fever, but hopefully the sexist behavior of some soccer fans will never make the transition. Twice while covering events for the 2018 World Cup, female reporters have been harassed on camera by fans who wanted to kiss them. The two responded remarkably different, yet it clear in both cases that these women have been harassed as they were trying to do their job and they not happy about it.

The Brazilian reporter fought back

Businesses need to plan for older workforce

It’s no secret that the workforce here in the U.S. and other industrialized nations is aging. But according to Reuters, companies are doing little in address this issue and adapt to the older worker’s needs.

A growing segment of workforce

As an employer, how can you prevent employment discrimination?

As a business owner and employer, you need to think of the possible risks your company faces on a daily basis. Obviously, you have concerns over whether your company will continue to thrive, whether you and your staff are making the right decisions, and how you can provide the best products or services out there. After all, you clients or customers are your main priority.

Of course, you do not want to ignore your employees. They often carry out much of the tasks necessary to keep your business operating smoothly. Therefore, you want to ensure that everyone feels safe, secure and appreciated while on the job. However, the risk does exist that an employee could feel that he or she has faced discrimination on the job, and such accusations could lead to serious issues for everyone involved.

California Supreme Court adopts new ruling on contractors

The gig economy is certainly a major part of the employment landscape here in California and elsewhere. It is certainly an economical way for companies to bring in workers without the rules governing employment law. There has been some confusion in recent years over rules determining whether workers are independent contractors or employees. This has led to misunderstandings by both companies and workers.

Now the California Supreme Court has a new test to determine the difference based on the state’s Industrial Welfare Commission (IWC) Wage Orders. It applies to delivery drivers and addresses such obligations as minimum wage, maximum hours and specific conditions regarding work. This is based on a class action brought by two delivery drivers working for a same-day delivery and courier service, which switched from employees to contractors in 2004.

Jury sides with 3M in case involving patient-warming device

The Bair Hugger medical device has been in the news countless times in recent years. Its detractors claim that the commonly used patient-warming device manufactured by 3M Co. subsidiary Arizant was defective because it caused infections, particularly in surgeries involving hip replacement.

A case with national implications

Flight attendant claim harassment still common

Flight attendants enjoy many perks as part of their profession. There is the ability to travel, have a flexible schedule and make a decent wage. However, the longstanding stereotypes where they are objectified or sexualized stubbornly remain part of the deal.

According to a new survey by the flight attendants union involving 3,500 members from 29 different airlines, more than one-third of the respondents claim that they have been verbally harassed in the last year. Of that group, more than 68 percent claimed that it has happened at least three times in a year while the rest claimed that they had been harassed five or more times.

Businesses Can Take Steps To Eliminate Workplace Bias

There have been many moments in recent years where race and gender biases become hot-button topics. Yet despite the good intentions of many employers and managers, unconscious biases at work mean that white men and still more likely to be hired, promoted and well-compensated than equally deserving employees who are women or racial minorities.

This unconscious bias may even be the case with companies who are trying to hire and advance talent in these very same groups. In fact, training for diversity may actually backfire – there have been many well-publicized examples of women negotiating a raise only to have it negatively impact their career.

Companies updating drug-testing policies

California is currently one of nine states (plus the District of Columbia) that legalized recreation use of marijuana. Yet there are dozens more that have decriminalized it or allow the use of medical marijuana.

Not surprisingly, businesses are reevaluating their drug testing policies with help of attorneys to accommodate the changes in law as well as the evolving thinking on marijuana use. According to a recent article in the Associated Press, some companies are quietly removing marijuana from list of drugs tested for before hiring new employees whether they say so or not. Some businesses with employees in California and other states where the drug is now legal will even go so far as to state that the drug is not being tested for. 

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