It’s easier than ever to type a potential hire’s name into Facebook, LinkedIn, or Instagram and instantly find a wealth of information about them- especially if they haven’t recently updated their privacy settings. Conversely, social media can be a wonderful source of information on a potential hire and, in some cases, especially in sales and marketing, is a primary driver in considering the right person for a position. Recruiting Using Social Media Many employers now use social media as a tool for recruiting candidates through publishing job openings, advertising the company culture, and scouting for individuals who would fit the... READ MORE

Recently, the U.S. Labor Department issued new guidelines for those companies who elect to hire college or graduate students as interns clarifying what employers should and should not do while employing unpaid interns. Many companies rely on student interns to handle a variety of tasks from conducting research and crafting social media strategies. Interns can provide an invaluable resource to companies by bringing in new ideas and helping companies navigate changing cultural and social expectations. These guidelines were issued in light of recent court cases, which made companies concerned that hiring an intern in almost any position would result in... READ MORE

Licensing is one way people with ideas and businesses can scale their brands quickly. Licensing agreements are used by businesses for things like putting sports team logos on keychains, selling a certain line of dresses in a retail store, or operating a business under a certain brand name. In cases like this last example, however, it is important for licensees to be careful not to inadvertently create a franchise, as those are subject to very different laws and regulations. In short, a license agreement grants rights to use a brand and associated intellectual property, while in a franchise, the franchisor... READ MORE

Starting your own business can be exciting as it allows you to follow your passion while benefiting from your hard work. As part of the start-up process, you should take the time to create and refine a brand that encompasses and embodies your goals. This branding includes the name of your business- maybe a slogan, too- and visual markers you want people to associate with your business, which will be on display in everything from your marketing material down to the invoices you send clients. These details are the trade and service marks of your brand, which should distinguish you... READ MORE

At this point, you’ve probably been inundated with emails from various companies notifying you of updates to their privacy policies in light of the General Data Protection Regulation (GDPR) coming into enforcement in the European Union. You may have been asked to confirm your subscription or update your settings depending on the company. So, you may be asking what the GPR is, what it does, and whether your business’ current website needs to comply with these regulations? What is the General Data Protection Regulation? The European Union’s passage of the GDPR, resulted in changes to data privacy laws and regulations... READ MORE

Long before banks are willing to loan money, often when you first have an idea, you raise money from friends and family to start your business venture. Many a long-term successful venture begins this way, with an equipment budget gifted from grandma and supplies expenses from your dad in exchange for a little ownership. Even on slightly larger scales, this is one of the most common ways businesses raise their initial capital. After all, if your friends and family won’t give you money and assistance, you’re unlikely to get it from investors you don’t know or banks that just want... READ MORE

You might not realize this if you don’t have children, but web content is popping up aimed specifically at entertaining, engaging, and marketing to children. Today’s kids can navigate a tablet before they can talk and online businesses are targeting this demographic (and their parents) to educate and market. You can’t buy a kids meal at a fast food restaurant without the toy including an online game or component and YouTube channels with millions of views are popping up where the video is nothing but adults playing with toys or playing video games. To promote child safety online, there are... READ MORE

The U.S. has a number of anti-discrimination and harassment laws that prohibit businesses from discriminating against employees based on a number of factors including age, disability, race, sex, pregnancy, and citizenship. Title VII of the Civil Rights Act: Amended in 1991 to allow victims to recover damages, sexual harassment is defined as “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” This includes when a person in authority is demanding sexual favors from a subordinate and when sexual comments or jokes create a hostile... READ MORE

Across the country, the gender pay gap debate wages and California, despite our tough fair pay laws, is no exception to this rule. Recently, two new laws, one which passed and one which didn’t, aimed to help close and better document this pay gap. According to the census bureau, the average working woman is earning only 86 cents per dollar earned by a man. While stride are being taken to close this gender pay gap, we’re clearly not there yet. The first law, AB 168, bars a prospective employer from asking about previous salary. The goal is to prevent historic... READ MORE

Owners and managers of a business have a number of different duties, enshrined in law, to the business. These duties are designed to protect other owners and the business itself from a single owner. One important duty to understand is the duty of care. This duty places responsibility on each decision maker to use reasonable care when dealing with others and in doing business transactions. Some examples of how the duty of care applies to a business: Property: Businesses that own property have a duty of care to customers who come onto their property. Customers, for example, must be treated... READ MORE