May 15, 2020
As businesses begin planning to reopen, the question that every employer should be asking is not “can we?” but “should we?” As businesses face a multitude of judgment calls, this should be the question asked throughout the reopening process. If employers pause and ask “should we?,” they will be able to better navigate the personnel problems that are already surfacing.
Here are some examples of how this approach will help prevent missteps.
The Reluctant Returnee
Most, but not all, employees are going to be happy to be able to return to work. You are going to encounter a …
May 11, 2020
Phase 2 Reopening Requirements: What That Means for Agriculture
By Amber Simmons
Last week, Governor Newsom began modifying the stay at home order and released updated industry guidance for businesses to follow as we begin moving into Stage 2 of California’s Resilience Roadmap. As is true for most things related to agriculture in California, the agricultural industry is subject to its own specific rules. A complete copy of the guidance and checklist published for Agriculture and Livestock is available here.
Below is a brief summary of steps to comply with these requirements and safely re-open your California agricultural business. While …
April 1, 2020
By Elizabeth A. Culley
On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. As part of the CARES Act, $349 billion will be allocated to the Paycheck Protection Program (“PPP”), to help small businesses retain employees and cover certain expenses through very favorable Small Business Administration (“SBA”) Loans.
The PPP Loans are available to small businesses having up to 500 employees. The PPP increased eligibility for SBA Loans to allow sole proprietors, independent contractors, self-employed individuals, and freelance and gig economy workers to apply for PPP Loans.
All of …
January 18, 2019
By Gordon E. Bosserman
Ninety-nine percent of all civil cases, including those involving claims of sexual harassment, settle. As a result, settlement agreements releasing an employer from liability or requiring the employee to keep the settlement confidential have historically been very important. Commencing January 1, 2019, there will be a dramatic change in the laws that control settlement agreements in cases involving sexual harassment.
1. Civil Code section 1670.11 makes any provision in a contract or settlement agreement “void and unenforceable” if it attempts to prevent a person from testifying in a criminal or administrative proceeding involving a claim …
October 1, 2018
by Dennis Law
If one supposes that in today’s world almost all civil controversies will involve mediation, and that a Code of Civil Procedure Section 998 (“998”) offer may be at least considered in most civil controversies, then one would naturally expect that mediations and 998 offers will most likely cross paths in some fashion or another during the course of a typical lawsuit. But how, if at all, do mediations and 998 offers relate to one another?
Mediations and 998 offers share the common goal of promoting settlements, but the similarity pretty much ends there.
Although the word …
August 6, 2018
by Dennis Law
Confidentiality in the context of settlement and mediations is not always as straightforward as is often thought. And confidentiality in the context of settlement is not the same as confidentiality in the context of mediation.
Rules of confidentiality for traditional settlement negotiations, including court mandated settlement conferences, are contained in a different set of codes than is the case for mediations. Generally speaking, a higher level of confidentiality applies to mediations, but there are exceptions to both sets of rules that should be understood. This article will provide a general overview to both areas of confidentiality.
July 11, 2018
The California Supreme Court has tightened definitions on what constitutes an independent contractor, calling it the A-B-C test. Trust us, there’s nothing easy about these A-B-C’s. Kathy Eppright explains.
If you have workers who you pay as independent contractors, you need to learn the new rules that apply in California. The new standard for determining whether a worker is properly classified as an independent contractor was adopted by the California Supreme Court on April 30, 2018, in Dynamex Operations West v. Superior Court.
The new standard is called the “ABC Test,” and in order for a worker to be …
July 5, 2018
The Chief HR Officer for Uber, an MBA-holding Olympic medalist, and a senior exec with one of the country’s largest nonprofits took to the stage to talk about the workplace and the workforce of the future at this year’s Central Coast Business Symposium, hosted by Andre, Morris & Buttery in June.
Local leaders gathered and explored new ideas for improving our businesses and the community at AMB’s 10th annual event.
This year, Liane Hornsey, Senior VP and Chief People Officer for Uber, discussed the realities of HR in a candid, “fireside chat”-style conversation with AMB’s Kathy Eppright. Lynda Gonzales-Chavez, Senior …
July 1, 2018
When is mediation appropriate and what are its considerations? AMB’s Dennis D. Law will present “Understanding Mediation” at the next Central Coast Paralegal Association meeting on August 8. Learn more and register here. …
May 31, 2018
The Chief HR Officer for Uber, an MBA-holding Olympic medalist, and a senior exec with one of the country’s largest nonprofits will take the stage to talk about the new world of business at this year’s Central Coast Business Symposium, hosted by Andre, Morris & Buttery, Thursday June 14.
The 10th annual event, taking place from 2:30-5:30 p.m. at the Clark Center in Arroyo Grande, allows local leaders to gather and explore new ideas for improving our businesses and the community.
This year, Liane Hornsby, Senior VP and Chief People Officer for Uber, will discuss the realities of HR in …