Category Archives: Business Counseling
Time to Get Commission Agreements in Writing
We’ve said it before, about the need to get things in writing, but now getting commission schedules in writing will be the law here in California starting next year: “By January 1, 2013, whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated […]
Return of the Scammers
A few years ago, we warned about scammers who were sending official-looking notices from the “Business Filings Division,” asking for $239 for statement of information filings. It was all a scam — but I remember spending fifteen minutes looking at one, trying to verify that it wasn’t official. It seems that these scammers are back, only […]
Unemployment Benefits: The Greased Pig
Sometimes being an employer is like being in a greased pig contest: you just can’t get your arms around it. An employee does something that amply justifies firing him. He admits what he did, but seeks and (eventually) is awarded unemployment, thereby costing the employer’s account. What gives? A recent court decision, Robles v. EDD […]
Business Owners: Keep Your Networks Secure
Just in case the business owner didn’t have anything to worry about, here is a new headache to avoid. EPN Inc., also known as Checknet, Inc. is a collection agency that also provides electronic payment and e-commerce services. Unfortunately, Checknet has recently settled charges brought by the Federal Trade Commission that Checknet failed to maintain […]
Who Is Using Your Trademark? (Google II)
New Legal Developments in Keyword Advertising Go ahead: after you google yourself, google your company name. We’ll wait. Hold on – did you see that? Above your company name is an ad from someone pretending to be a reseller of your product – but you’ve never heard of them. Can they do that? Can companies […]
Tips for Employers About Tips in California
California has a long tradition of being employee-friendly: covenants not to compete by employees are unenforceable, and the minimum wage is usually higher in California than that nationally. The same is true for professions with tips, which may be the next “hot” area of labor law in California. Employers whose employees earn tips had best get […]
Viva La Small Biz!
As the son of a stockbroker, I grew up listening to talk about large, well-established businesses. IBM. Gerber. Proctor & Gamble. All successful companies, in industries that will last a long time. But all, in their way, static. IBM’s headcount of American employees has been falling for years. Most Fortune 500 companies in America that […]
Has “Google” Become Generic? (Google III)
My fellow Business of Media instructor, Eric Sinrod of Duane Morris, has a good article today about a lawsuit an Arizona entrepreneur has brought against Google, claiming that the trademark “Google” has become generic. One of the perils of a popular trademark is that when it becomes the term for the product or service itself, anyone […]
Bad News for Artists: California’s Resale Royalty Act Ruled Unconstituional
California’s Art Resale Royalty Act has been declared unconstitutional by now former Central District of California Judge Jacqueline Nguyen. Judge Nguyen issued her ruling on May 12, two days before she received her commission to become a judge on the Ninth Circuit Court of Appeals. She found the Resale Royalty Act to be unconstitutional because it […]
California Supreme Court: Employers Do Not Have to Ensure Employees Take Breaks
The state Supreme Court has finally clarified California employer obligations regarding employee meal periods and rest breaks. As we predicted after the oral arguments in Brinker Restaurant Corp. v. Superior Court (“Brinker”), the Court determined employers have no duty to ensure that employees perform no work during meal breaks. The Court also ruled on the number […]
