Many businesses recently reviewed their profit and loss statements and took a closer look at the business’s profitability. This analysis usually prompts the question “how to increase my business profits?” Although this question could only be answered after becoming familiar with your particular business, below are 3 areas where small changes, if done right, could increase your profitability. Decreasing Bad Debt If your business model does not require customers to pay for products or services in advance, collecting on unpaid invoices is likely something you are all too familiar with. However, collection itself comes at a cost to your business. Not being able to recoup that collection cost limits most businesses’ incentive to pursue collection, rightfully seeing it as throwing good money after bad. You can tip the collection scale in your favor. The default rule that each party bears their own attorney’s fees may be modified by statute or by contract. That means that where the law does not provide for recovery of attorney’s fees, you and your customers could mutually agree that if you and your customer find … Continue reading
April 4, 2017, is “Equal Pay Day,” which is an apt time to remind employers of the risks that lurk beneath unexamined practices, subconscious biases, and general human fallibility. By the numbers: 20% = average wage gap between men and women in the United States. (Institute for Women’s Policy Research) 58% = companies that track salaries in comparable roles by gender. (LeanIn.Org and McKinsey & Company) I’m surprised the number is that high because I have yet to come across a company that conducted a pay audit by gender before coming to me. 1,075 = charges filed with the EEOC under the federal Equal Pay Act in 2016. (EEOC) $8.1 Million = benefits paid out as a result of charges for Equal Pay Act violations with the EEOC in 2016. (EEOC) Why are we still talking about pay gaps in 2017? Fortune.com provides a short outline of why the gender pay gap still exists, citing the “motherhood penalty;” deficits in negotiation; and employer bias. Our company doesn’t engage in pay discrimination. If you have done a pay audit and can … Continue reading
I’ve received a number of calls from colleagues who are California criminal defense attorneys whose clients have run into employment problems because of their criminal arrest records. As an employer do you know what job application questions you can and can’t ask when it comes to arrests and criminal records? California Labor Code section 432.7 makes it illegal for any employer to request job applications to disclose, or considering as a factor in determining any condition of employment, information concerning: An arrest or detention that did not result in a conviction; Referral to, or participation in, a pretrial or posttrial diversion program; Conviction that has been expunged, sealed or dismissed; Marijuana possession convictions two or more years old; or Misdemeanor convictions for which probation was completed or otherwise discharged and the case has been dismissed. Employers may ask an employee or applicant for information about arrests for which the employee or applicant is out on bail or on his own recognizance pending trial. There are additional exceptions for a health facility employer to ask applicants who will work with patients … Continue reading
This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. You wouldn’t operate on yourself so consult with a lawyer if you have a legal dispute. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit. Here’s a quick orientation on filing a lawsuit in California. This article discusses the actions within the blue circle. How to Respond to a Lawsuit? Get thee to a lawyer – as I mentioned in Part VI, lawsuits are very deadline driven and blowing the deadline to respond to a lawsuit could result in a default judgment against you, which translates to you automatically lose. What is the Deadline for Responding to a Lawsuit in California? Within 30 days after service of the complaint. The clock starts to run the day after … Continue reading
This series applies to California lawsuits only. For rules related to lawsuits in any other state, visit the website for your state’s courts. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. Please consult a lawyer for help with your particular case. Below is an infographic chart with an overview on filing a civil lawsuit in California. This article discusses step one, the actual filing of a civil lawsuit. Before Filing a Civil Lawsuit There are some considerations before filing a civil lawsuit in California, such as figuring out 1) What is the Deadline to File a Lawsuit; and 2) Where to File a Lawsuit. I almost always recommend communicating with the other side and working together to find a win-win solution to a problem before going the civil lawsuit route. Sometimes you can do that yourself but other times you may need a California business lawyer or a civil litigation attorney to step in help you negotiate a solution. If that doesn’t work and you hit an impasse, you may have no … Continue reading
This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your state’s judicial branch. It’s been while since I wrote a post for the Anatomy of a Lawsuit series but I’m back. So far, we’ve discussed Statutes of Limitations and Where to File a Lawsuit. Today I will give you a broad overview of the trajectory a lawsuit. In the following weeks, I will discuss each part in greater detail. Filing a Lawsuit If you are considering filing a lawsuit or have been served with a summons and complaint and wondering “What to do after being served,” I would be happy to help you navigate through the complicated legal process. Feel free to contact me here to call (949) 529-0007. Next up, learn about Filing a Lawsuit in California. Sign Up for Monthly Updates For Email Newsletters you can trust. Please read our disclaimer.
Last year, I helped another attorney with a case and attended a client meeting with him. We waited for the client in the conference room with 3 other people. When the client arrived, he apologized from being late in a thick Russian accent and proceeded to shake everyone’s hand . . . except mine. I wasn’t imagining it. He shook hands with the lawyer to my right, skipped me, shook hands with the man to my left, the man next to him, and the man next to him. So I stuck my hand out and introduced myself. You bet that my head was half in the meeting and half mulling over whether this meant that he would dismiss everything I said in that meeting. He was paying me for my advice so ignoring me only hurts him. After the 2 hour-long meeting, I went straight to Google and typed: “women handshake in Russian culture” and found an article in The Moscow Times that said: “In Russia, I have learned not to shake hands with women unless she offers her hand first. … Continue reading