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Resources
October 10, 2024
Employee Stock Ownership Plans (ESOPs) are increasingly popular as a means of employee compensation and corporate finance. They offer unique benefits by aligning the interests of employees with those of shareholders, thereby potentially enhancing productivity and company loyalty. However, setting up and maintaining an ESOP involves navigating a complex web of legal considerations. This essay outlines key legal aspects of ESOPs, including regulatory compliance, fiduciary duties, and tax implications.
News
October 8, 2024
A new law signed by Governor Newsom on September 28, 2024, will change the way California employers approach driver’s license requirements for job applicants. Starting January 1, 2025, employers can only require a driver’s license for positions where driving is expected to be part of the job function, and only if no alternative forms of transportation, such as ride-sharing or bicycling, would reasonably meet the needs of the business. Employers should begin assessing their hiring processes to ensure compliance with this new provision of the Fair Employment and Housing Act (FEHA).
News
October 3, 2024
California Governor Gavin Newsom has signed a landmark bill legalizing Amsterdam-style marijuana cafes, marking a major development in the state's cannabis industry. Assembly Bill 1775, which passed with overwhelming support in the legislature, allows licensed cannabis lounges to serve non-cannabis-infused food, drinks, and host live entertainment. The law also permits the sale of tickets for events like concerts at these venues, as long as local jurisdictions approve.
News
October 1, 2024
The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuit under the Pregnant Workers Fairness Act (PWFA). The lawsuit claims that Wabash, a national manufacturing company, failed to accommodate an employee’s pregnancy-related limitations, even though the accommodations were comparable to those offered to non-pregnant workers with disabilities. This groundbreaking case highlights the importance of ensuring compliance with this new law, which went into effect in June 2023.
News
September 24, 2024
Luxury retailer Hermes secured a victory in federal district court. Sued in a class action for alleged violations of federal (and state) anti-trust law, a federal judge threw out the lawsuit after stating that the plaintiff had not shown how competition for Hermes’s luxury items was affected adversely because of its alleged misconduct.
News
September 17, 2024
A recent federal court ruling confirmed that the Department of Labor (DOL) has the authority to set a minimum salary for workers to be exempt from overtime pay. In light of recent U.S. Supreme Court decisions, this lower court’s ruling is arguably surprising and, perhaps, is a sign that lower courts are struggling to work out the full ramifications of the U.S. Supreme Court’s recent anti-regulatory rulings.
Resources
September 12, 2024
Non-Disclosure Agreements (NDAs) have become pivotal in protecting sensitive information across various sectors. These agreements help ensure that parties involved in a business relationship do not disclose proprietary or confidential information to unauthorized third parties.
News
September 10, 2024
The relationship between the United Auto Workers (UAW) union and Stellantis is currently strained, with the UAW signaling the possibility of a nationwide strike over what it describes as the automaker's failure to uphold specific production commitments. These commitments were part of the labor agreement negotiated in 2023 and are now at the center of a growing dispute.
News
September 9, 2024
Like divorce, dissolving a partnership is a critical process that, if not handled correctly, can lead to significant legal liabilities. Even when all the partners agree about terminating a partnership, there are numerous legal issues that need to be addressed, such as terminating the partnership’s contracts and distributing assets. Disagreements between partners can further complicate this process, making it essential to navigate dissolution carefully to avoid future legal headache
News
August 27, 2024
Starting January 1, 2025, California’s minimum wage will rise from $16.00 to $16.50 per hour, affecting all employers regardless of size. This increase is part of an annual adjustment based on the Consumer Price Index (CPI), which saw a 3.18% increase over the past year. Along with the hourly wage increase, the minimum salary for full-time exempt employees will also rise, moving from $66,560 to $68,640 per year.