New Law 2018 –Immigration Enforcement
Immigration was a hot topic this year and starting January 1, 2018, employers will see increased obligations as they relate to employees’ immigration status. Earlier this month, Governor Brown signed AB 450 into law. Beginning January 1, 2018, employers will have the following obligations as they relate to immigration enforcement agents and the workplace: 1. No access without a warrant: Employers, and others acting on their behalf, may not voluntarily consent to immigration enforcement agents entering nonpublic areas of a place of labor without a warrant. For example, if you own a restaurant, immigration enforcement agents are free to enter the dining room but may not enter the kitchen or back office without a warrant permitting them to do so. Penalties for violating this requirement are $2,000 to $5,000 for the first violating incident and $5,000 to $10,000 for each subsequent violation. 2. No inspection of records without warrant or subpoena: Employers, and others acting on their behalf, may not voluntarily provide immigration enforcement agents the ability to access, review, or obtain the employer’s employee records without a subpoena or … Continue reading
What to Do When a Client Doesn’t Pay
This is the first post in a new series called “What to Do” where I will discuss “what to do” in various common situations that come up in small and medium sized businesses. Feel free to send me your “what to do” question. Today’s topic is what to do when a client doesn’t pay. This is a common problem that businesses big and small face and if you’re in business, you’re selling services or products in exchange with the expectation that you will be paid for those services or products. The cost to your business of unpaid invoices is not just the dollar amount on each invoice but the opportunity cost of the investment you could make in your business from that income. Additionally, it costs your business time and money to collect on unpaid balances. Thus, the cumulative effect of multiples unpaid invoices, even for small outstanding amounts, is detrimental to your business’s viability and growth. Before starting work: For the proactive business here are some tips to help you avoid or minimize the change of having a client … Continue reading
Computer Fraud Prevention: How to Protect Your Company’s Information
In today’s business environment, companies live and die by the information and data you possess. Your company’s confidential information is probably housed on a network that is accessible by some, or all, of your employees. Are you doing enough to protect your company’s data from computer fraud leaving with an employee and winding up with a competitor? The Computer Fraud and Abuse Act (CFAA) The CFAA is a federal law that makes it illegal to “intentionally access a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing] . . . information from any protected computer.” 18 U.S.C. § 1030(a)(2). Although commonly used to prosecute criminal hackers, the CFA is valuable to employers for the following reasons: 1) the CFAA captures a broader range of conduct than does a traditional trade secrets claim (it doesn’t require a showing that the accessed information rises to the level of a trade secret); 2) the CFAA is one of the few independent causes of action an employer can use to pursue a federal cause of action relating to such theft; and 3) the CFAA … Continue reading
California Lawsuits – Anatomy of a Lawsuit Part III
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.
New Notice Requirement for Employers: Employees’ Right to Unionize
The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to post a notice to employees of their rights under the National Labor Relations Act (NLRA). Here is a quick Q&A for employers. Who has to post this new notice? All private-sector employers (including labor unions) subject to the National Labor Relations Act. The new notice requirement does not apply to agricultural, railroad and airline employers or the U.S. Postal Service for the time being. What does the notice say? Under the NLRA, you have the right to: Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. Form, join or assist a union. Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions. Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union. Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints … Continue reading
California Workplace Leave for Organ Donation and Bone Marrow Donors
Earlier this month, the Governor approved a new senate bill amending and clarifying California law on organ and bone marrow donation leave. Here is a quick summary: • Employers with 15 or more employees must provide paid leave to employees undergoing organ or bone marrow donation procedures. • Employee requesting leave must provide employer written verification that s/he is a donor and that it is medically necessary. • Employees are entitled to the following paid leave in a one-year period: – Organ donation – up to 30 business days (not calendar days) – Bone marrow donation – up to 5 business days. • Employees on leave must be treated as actively working. The leave provided may not be considered a break in service for purposes of salary adjustments, sick leave, vacation, paid time off, or seniority. • Organ and bone marrow donation leave is in addition to FMLA or Moore-Brown-Roberti Family Rights Act and cannot be taken concurrently. • Employers may require that the employee take earned but unused sick leave, vacation, or paid time off: – Organ donation – … Continue reading