A 2023 CFRA Suggestion

A 2023 CFRA Suggestion

As 2023 is around the corner, it is time for employers to start updating their employee handbooks and other written policies. As previously reported, 2023 will welcome new laws that California employers will need to be cognizant of. One such law involves frequently used leave of absences under the California Family Rights Act (“CFRA”).

The Look-Back Period for Non-Discretionary Bonuses

The Look-Back Period for Non-Discretionary Bonuses

California’s overtime rules for non-exempt employees are known by virtually every employer in the state. Less known—but no less equally true—is that a non-discretionary bonus that a non-exempt employee receives must be factored into the employee’s “regular rate of pay” when determining overtime pay for a non-exempt employee. And this, in turn, requires employers to allocate a non-discretionary bonus over the time period in which the bonus was earned.

Considerations for 998 Offers in Employment Cases

Considerations for 998 Offers in Employment Cases

Last month, we published an introductory article about how a 998 Offer to Compromise generally operates and the cost-shifting that occurs if a party rejects a 998 offer and fails to obtain a more favorable judgment. When a plaintiff rejects a defendant’s 998 offer and does not get a more favorable result at trial, the plaintiff will be denied his post-offer costs and must pay the defendant’s post-offer costs, including expert witness fees.

998 Offer to Compromise in California

998 Offer to Compromise in California

Under the California Code of Civil Procedure (the “CCP”), a statutory offer to compromise (codified as the CCP section 998 offer) allows for either the plaintiff or defendant to propose a reasonable, good faith offer of settlement. A 998 offer (the “offer”) is beneficial to both parties as it saves time, money, and resources. It shortens the time of the legal process and gives the other party a financial incentive to resolve matters with ease.

Noticing A Lease’s Notices Provision

Noticing A Lease’s Notices Provision

Details. They matter in life, law, and leases. One of the most overlooked details is a lease’s notices provision. What Is a Notices Provision? Simply put, a notices provision specifies the sole and exclusive means and manner by which the parties to a lease must communicate any lease-related information, such as any proposed amendments, extensions, and terminations of the lease.

Things to Consider When Hiring a Social Media Influencer – Part Two

Things to Consider When Hiring a Social Media Influencer – Part Two

This is a follow-up to our prior article on considerations to make when hiring a social media influencer. Part One focused on complying with the FTC regulations along with guidance on establishing internal policy, and this sequel will focus on executing social media influencer agreements.

Things to Consider When Hiring a Social Media Influencer – Part One

Things to Consider When Hiring a Social Media Influencer – Part One

Hiring a social media influencer is not as simple as you might think. When you want to hire a social media influencer to promote your company, there are many business and legal considerations to make. In this two-part series, we will discuss compliance with the Federal Trade Commission Regulations and Guidance, Establishing Internal Policy, and Executing Social Media Influencer Agreements.

Curing PAGA Violations in Response to Notice of Claim

Curing PAGA Violations in Response to Notice of Claim

Whenever an employee brings a Notice of Claim under the Private Attorneys General Act (“PAGA”), the employer has the opportunity, in some circumstances, to cure the alleged violations and avoid the imposition of costly penalties. However, this process is not simple. The employer must meet all the general requirements to cure the PAGA violations.

What You Need to Know about Independent Contractor Relationships in California

What You Need to Know about Independent Contractor Relationships in California

Courtesy of AB 5 and a (controversial) case called Dynamex Operations West, Inc. v. Superior Court of Los Angeles, California generally presumes that all of your workers are employees—not independent contractors. One potential workaround for this general presumption involves so-called “business-to-business” relationships (colloquially abbreviated “B2B”), in which one business contracts with another business to supply a worker that the latter business needs.