The Employment Development Department grants employment benefits to employees depending on the reason an employee’s employment is terminated. Usually, in order to collect unemployment benefits, employees must be out of work due to no fault of their own. That is why employees who are laid off for economic reasons are clearly eligible to unemployment benefits. […]
View PostAre you covered by workers’ compensation?
In order to be covered by workers’ compensation benefits, your employer must be insured for workers’ comp, you must be an employee (rather than an independent contractor) and finally the injury or illness must be work-related. Worker’s compensation is a state mandated insurance that provides compensation to employees who suffer job-related injuries and illnesses. Workers’ […]
View PostIn the process of terminating an employee?
If you are thinking about firing an employee, the primary step in the process will be to determine if a contract exists between your company and the employee. Indeed, the employment contract might limit your flexibility, by providing the employee with a specific term of employment, listing the acceptable reasons to fire or by mentioning […]
View PostSexual harassment and discrimination
As an employer, it is your duty to prevent any kind of discrimination or sexual harassment within the workplace. Sexual harassment is defined as any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the […]
View PostTips for employers about overtime, meals, rest breaks and breast feeding
When you own a business with employees, you want to make sure that you comply with all the requirements of California’s employment law and that you didn’t leave any important matter behind. The most current overlooked issues within the workplace seem to be breaks, lunch breaks and overtime. Regarding overtime, most federal and state laws […]
View PostIndependent contractor or employee? What does an employer want? How does the government see it?
When you hire someone new, they will either be an employee or an independent contractor. This status will define the legal obligations that you will have to satisfy with the government. The worker’s status does not only depend on what the employer and the employee agree on. That status will be defined by a series […]
View PostStarting a business?
Interested in starting a business but not quite sure how to begin? You first might take a look at what your options are: sole proprietorship, partnership, limited partnership, limited liability company (LLC), C or S-corporation (for-profit), nonprofit corporation and cooperative. If you are trying to decide between a LLC and a Corporation please note that […]
View PostAre you planning on filing a lawsuit in California? Court cuts have delayed all cases in court.
For the pasts 3 years, Bay area courts have suffered from deep state budget cuts. Recent state cuts have diminished the court’s ability to serve the public. Indeed, California’s courts have lost about 65% of their general fund support from the state in the past 5 years! Some areas such as divorce, child custody and […]
View PostGetting divorced? Have you thought about mediation?
Getting a divorce can often be stressful and expensive.Though not always possible, other strategies like mediation may be used to allow you to make most of the decisions by yourselves and keep control over important matters like custody of the children, division of the property, etc. In case you need help with choosing which forms […]
View PostHas your landlord increased your rent? Are your premises covered by rent control statutes?
Living in a rent control building means that your rent can only be raised by a certain amount per year. The San Francisco rent control law covers most rental properties in the city, constructed before June 1979. Also, some types of housing like subsidized housing; dormitory or residential hotels are not covered by rent control. Single family […]
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