Do I Need a Lawyer? What to Look for When Hiring a Lawyer

You didn’t see it coming and it knocked the wind out of you.  You were furloughed.  You were fired. Your employee sued.  You did exceptional work and your client refuses to pay. Someone took advantage of your kindness, your flexibility, your willingness to help.  You were sexually harassed.  You were fired.  You were treated poorly, taken advantage of, and it shook you to the core. Your emotions cycle between confusion, hurt, and anger. You may even feel shameful and embarrassed that you found yourself in this situation. At some point you wonder if it’s your fault and how could you have kept this from happening? But then you realize it’s not your fault and that you should do something; you need to do something.  But you don’t know what to do.  Someone you trust, perhaps your father, your spouse, sibling, or a friend, said you should talk to a lawyer. But you’ve never hired a lawyer before and you don’t see yourself as the type of person who hires a lawyer. It feels so aggressive and just the thought of … Continue reading

In: California Civil Litigation, Employment Law, Hiring a Lawyer, Starting a Business, Uncategorized | Leave a comment

2018 Holiday Party Checklist

We’re in the last month of 2018, which may feel like mayhem for many business owners.  It’s a difficult time. There are fewer work days, yet the client and customer deadlines remain; you’re evaluating employees and business year-end goals; you’re finalizing 2019 goals and strategies to meet those goals; and then there are the parties.  There are parties you’re attending and the one you’re putting together for your employees. As you recognize (that’s why you’re throwing one) holiday parties are valuable. According to the Center for Management & Organization Effectiveness, a holiday office party could improve company culture in the following ways: It represents the preferred company culture in a light way; It unites office subcultures; It provides opportunities for recognition; It gives a morale boost; and It allows employees to interact with executives and upper management. But as a business owner, you walk a tightrope.  You’re worried about putting on an office holiday party that is enjoyable for employees and positively contributes to the company culture on the one hand and making sure that things don’t get out of … Continue reading

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New California Employment Laws 2019

This is the time of year that Californians, especially California businesses, learn of the slew of new laws that will go into effect in the coming year.  This year is not any different and the new laws are reflective of the social discussions around sexual harassment over the course of the last couple of years. California employers now have a number of laws that will require changes in your documents, training requirements, and how you do business, to name a few.  Below is a list of new laws that I thought were the most interesting and relevant by category, although there is inevitably some overlap. Contracts 1. Employers will be prohibited, with certain exceptions, from requiring an employee to execute a release of a claim or right under the Fair Employment and Housing Act (FEHA) or to sign a nondisparagement agreement or other document that purports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment.  This is applicable when the release is provided in exchange for a raise … Continue reading

In: Contracts, Employer Postings, Employment Law, New Laws, Uncategorized | Leave a comment

Confidentiality Agreements in Sexual Harassment Cases – Banned if AB 3080 Signed

It’s difficult as a business owner to know what you need to know in the area of employment law and employee rights without having someone to guide you. The legal landscape is complex and ever-changing. New laws keep getting passed and court decisions could easily turn something that was an acceptable practice into a prohibited practice, forcing employers to scramble to change practices, usually crossing their fingers and hoping that the changes don’t trigger someone to ask whether what you were doing in the past was wrong. Most of the time, you don’t even know what you don’t know. I’ve often heard business owners say “had I known that I would have done it differently, but no one told me.” We’re here to tell you. The California legislature recently passed Assembly Bill 3080 (AB 3080), which is now awaiting Governor Brown’s signature.  The bill has 2 main components. Bans Confidentiality Agreements Regarding Sexual Harassment Claims The first responds to the #MeToo movement and the argument that confidentiality agreements in settlements of sexual harassment claims allow harassers to become repeat offenders … Continue reading

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What is Sexual Harassment?

Taylor Swift’s testimony in her countersuit against former radio host David Mueller for alleged assault and battery has been making the rounds on social media. Taylor Swift won her counter-claim, which sought a symbolic $1 to make a point. The lawsuit argued that the trial would “serve as an example to other women who may resist publicly reliving similar outrageous and humiliating acts.” Now that Taylor Swift has spoken publicly about being groped, more women (and men) may be emboldened and find the courage to speak up. The issue of sexual harassment is now in the spotlight and on people’s minds, which means that inappropriate conduct in the workplace that may have previously been swept under the rug may start seeing the light of day in the form of complaints in the workplace. Below are some basic answers to frequently asked questions about sexual harassment in the workplace. What is sexual harassment in the workplace? Sexual harassment is harassment that is based on a person’s sex. In California, “harassment” in the employment context is defined as: — verbal harassment, such … Continue reading

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Emoji and Deciphering Intent in the Digital Age

[Originally published as Emoji and Deciphering Intent in the Digitial Age, by Tanya Kiatkulpiboone and Andrea W. Paris, in Orange County Lawyer Magazine, June 2017, Vol. 59 No.6 on page 42.] An emoji known as “Face with Tears of Joy” was named the Oxford Dictionaries’ 2015 Word of the Year. See Figure 1. Caspar Grathwohl, President of Oxford Dictionaries, explained that “Emoji are becoming an increasingly rich form of communication, one that transcends linguistic borders[.]” Katie Steinmetz, Oxford’s 2015 Word of the Year Is This Emoji, Time (Nov. 16, 2015, 2:08 PM), http://time.com/4114886/oxford-word-of-the-year-2015-emoji/. Nevertheless, Oxford Dictionaries have yet to add any emoji to the dictionary, not even their Word of the Year, thereby acknowledging their expressive abilities without defining them. What Are Emoji? Emoji are small images or icons used to express emotion, ideas, or things in electronic communications. They were created in Japan in the 1990s by Shigetaka Kurita, who worked for one of Japan’s largest mobile phone operators. The name originates from the Japanese terms for picture (“e”) and written character (“moji”).  Frequently Asked Questions: Emoji and Pictographs, … Continue reading

In: California Civil Litigation, Contracts, Employment Law, Uncategorized | Leave a comment

How to Prevent Sexual Harassment

You’ve probably heard the quote “prevention is cheaper than cure” and the same holds true for sexual harassment claims in the workplace.  If you’re looking ahead and wondering how to prevent sexual harassment, sexual harassment prevention training, is the way to go. If you are a California employer with 50 or more employees, you are subject to a law commonly known as AB1825.  This law mandates sexual harassment training for supervisory employees every two years.   The law was enacted in 2005, which makes 2015 a re-training year.  Even if you are a smaller employer, a modified training program will go a long way to preventing sexual harassment in the workplace. Basic Provisions of California’s AB1825 Two Hours of Sexual Harassment Training Every Two Years The deadline for the first round of AB 1825 training was December 31, 2005. Thereafter, employers must provide two hours of training to each supervisory employee every two years. 50 or More Employees AB1825’s sexual harassment training requirements apply to organizations that regularly employ 50 or more employees. (Independent contractors and temps are included in the … Continue reading

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