The California Fair Employment and Housing Act (FEHA) prohibits any type of workplace harassment and discrimination of employees based on race, religion or sex. Under California law, employees have the right to report any kind of discrimination, harassment or illegal employment actions of their employer. An employer must not retaliate against an employee for exercising their rights under the law to report any illegal activity to a government agency, company human resource department or supervisor. Retaliation Claims Under California Labor Code Section 1102.5, an employee can sue their employer for retaliation if the following elements are met: The employee engaged in a protected activity of reporting their employer’s discrimination and/or harassment activity to an appropriate government agency, the company’s human
When a business works hard to develop systems, procedures, recipes, formulas, and practices—protectable as trade secrets—to advance the success, productivity, and profitability of their business, they have great interest in protecting that information from those who may steal or misappropriate the business’s trade secrets. Trade secrets are a form of intellectual property, along with patents, copyrights, and trademarks; however, there is no formal registration process to protect trade secrets. Instead, trade secrets are protected by a contractual agreement between the owner of the proprietary information and any other individual who may have access to this information and signs a confidentiality or non-disclosure agreement. If you are a California business owner and believe that proprietary trade secrets belonging to your business
On behalf of Thaler Law posted in business litigation on Tuesday, October 1, 2019. A California small business owner has many things to consider during the initial stages of his or her business. These include necessary steps that can help reduce the chance of problems in the future. Business litigation can be costly and stressful, and an owner will find it beneficial to try and reduce problems by planning and thinking ahead. One common issue that can cause problems for business owners are accusations of discrimination or harassment in the workplace. These allegations are serious, but it's possible to reduce the chance of these incidents happening with strong behavior policies and reporting procedures in effect. If a problem does arise,
On behalf of Thaler Law posted in business litigation on Tuesday, September 17, 2019. When a person starts work for a company, he or she will have a certain classification. The way that companies classify workers affects how these individuals are paid, including whether they are eligible for overtime and a guaranteed minimum wage. The issue of classification presents a unique problem for rideshare companies that contract with drivers on an as-needed basis, and as a result, Uber is currently facing business litigation. New laws in the state of California may change the way the company views its employees. A bill that was recently passed seems to require a reclassification of rideshare company employees, but Uber plans to debate this
On behalf of Thaler Law on Thursday, August 1, 2019. A tenant that doesn’t pay rent or ignores terms of the lease can be very frustrating for a landlord. Not only might it mean a significant blow to their income, but it can even affect the overall health of the property. There is a way to evict a commercial tenant, but it requires landlords to follow a clearly defined legal process, with specific dos and don’ts. The California eviction process If a landlord wants to evict a commercial tenant, they must follow a strict process. First, a landlord has to issue the tenant a three-day notice explaining the problem – a lease violation for example, or overdue rent – as
On behalf of Thaler Law posted in business litigation on Monday, March 4, 2019. Recently, the state of California passed new laws regarding how companies and businesses of all sizes and types treat the information and data they collect from consumers. It is in the interests of business owners to understand what these new laws mean for their company. A disregard of legal changes or lack of understanding over how the law is applied could expose a company to business litigation in the future. These new privacy laws are among the strongest and strictest in the country. Essentially, California consumers have more rights than ever before regarding how companies treat their information. This includes the gathering and selling of data.
On behalf of Thaler Law posted in business formation on Monday, February 4, 2019. California district attorneys recently won a significant case brought against a few well-known chocolate companies. Chocolate makers Russell Stover and Ghirardelli recently came under fire and faced business litigation due to certain packaging issues that led to consumers receiving much less product than they actually paid for. The two companies are facing fines that amount to $750,000, and they have to adjust some of their packaging techniques as well. The prosecution accused the two successful candy companies of knowingly and deliberately packing some of their products in a way that deceived consumers. One specific issue is the selling of containers that were essentially empty, containing much