Online interactions are the norm for anyone doing business today. As businesses use websites and mobile apps to connect with their audience, there are certain responsibilities that businesses have to follow not only as required by law but to ensure a positive relationship with customers. Two key areas: Privacy Policies and Terms & Conditions - often get confused, but both serve distinct roles with different focuses. Let's explore the differences and why both are essential, especially in the context of laws that may apply. What is the Purpose of a Privacy Policy?A Privacy Policy functions as a detailed disclosure of... READ MORE

Starting on January 1 2024, your company may be required to report information about the people who own or control it to the US Treasury Department’s Financial Crimes Enforcement Network (FinCEN). FinCEN promotes national security and protects the US financial system from fraud and abuse by criminals and corrupt officials. In 2021, Congress passed the Corporate Transparency Act which creates a new requirement for many companies formed or operating in the US to report their Beneficial Ownership Information (BOI) to FinCEN. This reporting requirement aims to enhance transparency and accountability within corporate structures, contributing to a more secure and transparent financial... READ MORE

“Is this a legitimate notice?” This is a question our clients ask us all the time when they receive official-looking documents. Quite often, we tell them that it is not and they can dispose of it in the proper receptacle. However, a business owner cannot take the chance of disregarding an actual governmental notice, so the utmost care should be exercised in evaluating these notices. In today’s online and digital world, the battle to protect intellectual property and business assets continues to be a chore. Fake trademark renewal letters are one of those scams that are still out there and... READ MORE

A severance agreement is a release to be signed by an employee whose employment is separated in exchange for payment of money (or other consideration). This can be an effective tool to protect a company from future lawsuits and other risks. Below we discuss legal requirements when using a severance agreement as well as specific provisions that should be included in the agreement to protect the organization. Legal Requirements When Presenting A Severance Agreement Whenever severance agreements are used there are certain legal requirements that must be followed. As a preliminary matter, in order to be enforceable, the employee must... READ MORE

Just like large companies, small businesses can leverage the opportunities that joint ventures can provide to thrive in today’s economy. Entering into a joint venture with other businesses and entrepreneurs could open the doors to gaining access to more capital, offering more services to clients and may help many small businesses thrive in today’s business landscape. In this article, we will explore some essential tips and considerations before entering into such partnerships. Reasons For Entering A Joint VentureEntering a joint venture can be a strategic move for small businesses to leverage the advantages that collaboration and partnership bring. By tapping... READ MORE

Over the last several years, remote working has radically changed the traditional office workforce.  With employees no longer physically present in the office, employers face new challenges in effectively managing remote workers to ensure their productivity and compliance with company policies and California’s extensive employment laws.   While there are certainly advantages for employers to have remote workers such as savings in office space expenditures and improved employee morale, there are important considerations to be taken into account whenever remote working arrangements are being used by employers.  Below are some key considerations and requirements that all employers should know. Develop and Implement... READ MORE

The state of California currently sets the minimum wage rate at $15.50 per hour. However, for employers with employees that work in specific cities (see below) the employers must also comply with local city minimum wage requirements when it is higher than the state mandated rate. Effective July 1, 2023, employers with employees in the following local cities, and unincorporated Los Angeles, will need to increase their minimum wage rate of pay as follows: Los Angeles City: $16.78/hour;Los Angeles County (unincorporated areas): $16.90/hour;Malibu: $16.90/hour;Pasadena: $16.93/hour;Santa Monica: $16.90/hour; andWest Hollywood: $19.08/hour   Employers whose employees work remotely in any of these... READ MORE

Artificial Intelligence (AI) has revolutionized various industries, including creative services like marketing, graphic design, website development as well as legal services. One key question that arises is whether a professional needs to disclose the use of AI in their work. As legal jurisdiction and case law have yet to fully play out exactly where things may go, in this article, we delve into the topic and provide what we believe to be best practices in a new world as more professionals use AI in their business. Understanding What AI Is and How It Can Be Used AI technology has been... READ MORE

Whether your company is a large or small employer, there are five essential documents that should be implemented and distributed to your employees that will serve to both protect (as best as possible) the organization from employment-based claims as well as to keep your employees informed and notified of expectations concerning their employment.  Consultation with experienced employment counsel, who can aid in preparing these various documents is highly recommended.  The following are the top five essential employment documents every employer should have. Offer Letter Once a decision has been made to hire an employee, the critical terms and conditions of... READ MORE

As a small business owner, it's essential to understand the legalities surrounding credit card fees to avoid any potential legal issues with your clients. Recently, a question was raised where a client was charged for credit card fees and the client claimed that it is illegal to charge for those fees in California. Here’s the background and how it may apply to your business. While the California Civil Code Section 1748.1 prohibits retailers, including service providers, from imposing surcharges on customers who choose to pay with a credit card, it also allows retailers to offer discounts to encourage payment by... READ MORE