California business transaction lawyerBusiness mergers, when done right, can be mutually beneficial for all involved parties. However, there are some serious challenges that companies must overcome when dealing with mergers and acquisitions. If not planned for and mitigated against, these obstacles can lead to financial loss, a lack of shareholder returns, and possibly even complete financial devastation. Whether you are interested in purchasing an existing business or believe your business may fare better with a larger brand name behind it, the following information can help.

The Importance of a Unified Vision

When examining a possible merger, companies may find that certain elements are difficult (if not impossible) to measure. However, even when measurements are possible, and data and projections look great on paper, they may not translate into real or actual success. Failure to ensure both companies share a unified vision is often the cause of disastrous outcomes.

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California business law attorneyEmployers want their staff to be competent, knowledgeable, and compliant with the company’s rules, regulations, and procedures. One way of accomplishing this goal is to conduct regular meetings and lectures. Another is to require that they undergo training, either initially or during interval time periods (i.e. annually). However, one must keep in mind that certain regulations govern an employer’s right to mandate such activities – paying the employee for that time is just one example. Learn more about your obligations as an employer when it comes to paying your employees for training or meeting times, and how you can reduce the risk of a wage violation under California state law.

Are You Exempt?

California state law explicitly states that employers must pay all non-exempt employees for training times, meetings, and lectures unless they meet four specific requirements:

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California small business attorneyMost companies do everything in their power to abide by the rules. Sadly, there is a select few that refuse to comply with local, state, or federal regulations. They cut corners to save time and money. They fail to provide a safe work environment or refuse to go the extra mile to ensure their products or services are safe for consumption. All these situations put others at risk, which is why the state of California encourages internal reporting from employees - an act also known as “whistleblowing.” Learn more about how the state encourages this activity and why it could matter to your business.

What is a Whistleblower?

“Whistleblowers” are employees that have reported local, state, or federal violations, or hazards that pertain to public or employee health and safety. Some may unknowingly participate in a wrongful act and then report it. Others may recognize the violation and refuse to participate in an action that they feel violates health and safety standards or local, state, or federal laws. In either case, they are protected by the state under the California Labor Code.  

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Fremont business law attorneysHiring employees is a complex process, and it can be full of missteps and legal obstacles. Knowing how to avoid them and mitigate against them can be crucial to the future of your company. Learn more about the most common mistakes that California business owners make, and what you can do to avoid business litigation, with help from the following information.

Placing Job Ads with Discriminatory Language

Federal and state laws prohibit discriminatory language in the job postings of California employers. That includes posting a job ad that discriminates against someone because of their gender, religion, medical condition, disability, mental illness, sexual orientation, age, national origin, marital status, ancestry, or perceived sexual orientation. Examples of such language would include “youthful female,” “strong male,” “female,” or “faith-based employee.”

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Fremont business law attorneyOvertime pay, or pay that extends above and beyond an employee’s regular pay, is typically required when an employee meets certain criteria. Employers who fail to comply with the law can face legal consequences, including the requirement to pay damages for an employee’s lost wages. In the end, this could cost far more than it would have to pay the overtime in the first place. Avoid this common cause for litigation with help from the following information.

California’s Overtime Pay Law

As an employer, you have the right to require overtime work from your employees. However, you must be willing to pay them the appropriate amount. In California, this means paying employees one and one-half times their regular wage for any workday that exceeds eight hours and amounts up to 12 hours. This same amount is also paid for the first eight hours of an employee’s seventh consecutive day worked.

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Willett Law Firm

39300 Civic Center Drive, Suite 310
Fremont, CA 94538

Phone: 510-791-2244

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