This is a story that we all hear too often– a homeowner entered into an agreement with a contractor to remodel his or her home. The contractor signficantly delayed the project, provided substandard work and threatened to record a lien on the property if he is not paid in full. What can a homeowner do in […]
Various federal and state laws protect disable workers and require employers to provide reasonable accommodations to their employees. Under federal laws, Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (the “ADA”) require any private employer that has an employment relationship with fifteen (15) or more individuals for each working […]
What is a disability access claim (lawsuit)? A disability access claim arises under the Americans with Disabilities Act (ADA) and its California counterpart, the Unruh Act, which prohibit discrimination in public accommodations based on disabilities. Among other types of business, restaurants and retail establishments are the main targets of many disability access claims. A litigant named Jarek Molski […]
What is a Corporation? A corporation is a separate legal entity controlled by the shareholders of the corporation. Shareholders nominate and select officers, such as CEO, CFO and Treasurer, to run the corporation. A corporation must follow corporate formalities by holding annual meetings, keeping minutes and recording all share transfer transations. More information on how to satisfy corporate formalities, see […]
What is a Limited Offering Exemption Notice 25102(f) and does my business qualify for this exemption?
If your small business is incorporated as either a C-corp or S-corp, you likely want to issue shares of stock for several reasons: 1. To grow your company by raising capital for your business; or/and 2. To show that your business complied with corporate formalities (see http://www.regallawoffice.com/blog/2011/02/16/safeguard-your-personal-assets-from-your-business-liabilities/. However, in order to issue stock, you must register with […]
What must restaurant owners do to comply with the new tip credit rule recently revised by the U.S. Department of Labor?
The U.S. Department of Labor has issued a final rule on the use of the tip credit under Section 3(m) of the Fair Labor Standards Act (FLSA). Tip credit is the amount of hourly wage that a restaurant owner can add to the hourly wage actually paid to a tipped employee in order to satisfy […]
“Pro per.” Many people believe that being “pro per” or self-represented is the best way handle their legal issues without having to pay for an attorney. While some pro pers got their day in court, like this guy, http://calapp.blogspot.com/2011/03/mccollough-v-johnson-rodenberg-lauinger.html, this is a rarity. An individual with legal representation is much better off in terms of obtaining […]
The Fair Labor Standard Act (“FLSA”) requires that employers pay covered employees at least the federal minimum wage for all hours worked, and time and one-half for all hours worked in excess of forty hours in a single work week. Under federal law, “work” is defined as “physical or mental exertion (whether burdensome or not) […]
So you formed a corporation or a LLC for your small business. Think your personal assets are safe from lawsuits or creditors–think again! The law allows a third party to “pierce the corporate veil” to hold the shareholder(s) liable for any claims asserted against the corporation. Under this doctrine, if the third party is successful, the court will regard the […]
For the avid Yelp reviewers out there, a new decision from the California Court of Appeals may make you think twice about posting an unfavorable business review. In Wong v. Tai Jing et al., http://www.courtinfo.ca.gov/opinions/documents/H034059.PDF, a pediatric dentist sued the parents of the child she previously treated for posting a negative Yelp review accusing her of various […]