San Jose Business Lawyers Blog

Among people who are actively involved in business, Delaware is known as the state that is perhaps the most corporation-friendly in the United States. According to the state of Delaware, it has been “preeminent” as a place for businesses to incorporate since the early part of the 20th century, and more than half of all Fortune 500 companies are incorporated in Delaware. Clearly, there must be certain benefits of incorporating in Delaware that have been attracting businesses for more than one hundred years. Some of the most commonly cited benefits of incorporating your business in Delaware are detailed below.

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Flexible laws – The Delaware General Corporation Law provides corporations and shareholders tremendous flexibility in the way a corporation operates. In fact, an official publication distributed by the Delaware Department of State indicates that its corporate law has been written with a “bias against regulation.” Continue Reading

If you’ve just been served with a lawsuit summons, you must work quickly to ensure you don’t compromise any of your rights. There are firm deadlines when it comes to lawsuits and steep penalties for missing them. Here are 5 things to keep in mind once you’ve been served.

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What to do When You’ve Been Sued: 5 Things to Keep in Mind

  1. Don’t Go At It Alone

Consult an experienced attorney who can help guide you through the litigation process. Getting sued is naturally stressful and draining and having a seasoned professional by your side will put you at ease. A lawyer will be able to explain the claims against you and what they mean, and advise you of your options. Continue Reading

California has distinct wage and hour laws in place to ensure the proper pay of employees. Employers often need clarification on California wage and hour laws. Each industry is different but here is an overview of requirements in the state.

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California Wage and Hour Laws

Minimum Wage

California’s minimum wage is set at $9.00 per hour. Unlike some states, California does not allow for tipped employees to be paid less than the state’s minimum wage.

Overtime

Employers often ask when they need to pay overtime wages.  Whether or not an employee is “salary” or “hourly” is not determinative of overtime pay entitlement, rather, it matters if the employee is “exempt” or “nonexempt.” “Nonexempt” employees are entitled to overtime at the rate of one and a half times their regular rate of pay for:

  • All time worked in excess of 8 hours in a workday
  • All time worked in excess of 40 hours in a workweek
  • The first 8 hours of work performed on a seventh (or more) consecutive workday

Continue Reading

If you’re thinking about starting a nonprofit, there are some steps to take before you begin. Forming a nonprofit organization is much like starting a regular corporation, except there are several additional steps you must take to ensure tax-exempt status, which includes a rigorous application process. Here are some common questions and their answers about forming a nonprofit organization.

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Forming a Nonprofit Organization: Common Questions and Answers

What does ‘501(c)3’ mean?

Being a 501(c)3 corporation means a company has been approved by the IRS as a charitable organization, exempt from specified taxes. The IRS may grant your nonprofit organization tax-exempt status if the nonprofit was formed for religious, charitable, scientific, literary or educational purposes, so long as the nonprofit does not distribute profits to individuals above reasonable compensation. Continue Reading

January 1st brought 930 new California laws which are enforceable in the new year. We’d like to share some of the new and relevant laws for 2015 that may affect you and your business activities. Here are 7 new federal and California laws that took effect January 1st.

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7 New Laws for 2015

  1. Driver’s Licensing

Experts expect more than a million applications for California driver’s licenses to flood the DMV offices following new laws allowing non-U.S. citizens without documentation to get driver’s licenses. Continue Reading

California employees are protected from discrimination under Title VII of the Civil Rights Act of 1964 and state laws. An employer cannot discriminate on the basis of:

• Race
• Gender, gender identity, or gender expression
• Sexual orientation
• Religion
• National origin
• Disability
• Medical conditions
• Sex, including pregnancy, childbirth, or breast-feeding
• Citizenship status
• Age
• Genetic information
• Ancestry
• Color
• Marital status Continue Reading

A B Corporation, also called a B Corp, Benefit Corp, or B Corp Certification, is a third-party designation for a socially responsible business that assures the public it has passed rigorous standards of environmental and social performance, as well as a commitment to fostering open communication and transparency. The Certifications are issued to for-profit companies by B Lab, a U.S. based non-profit.

Currently, there are over 1,000 Certified B Corps covering more than 60 industries. Becoming a B Corporation can be beneficial to your bottom line when considering business entrepreneurship. Here are some things to know about achieving B Corp Certification for your company.
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Provisions of B Corporations
Making sure you are in legal compliance is one of the first steps to starting a business. B Corps have provisions attached to certification such as establishing a public cause, transparency, and proof of continuing benefit to society and the environment. Continue Reading

Does your company have a social media policy for employees? Policies regulating Internet use in the workplace can be very effective for maintaining your business’ positive reputation online. Last week, we discussed the first 3 items to think about when writing a social media policy. Here are 3 more considerations for writing an effective and appropriate company-wide policy.
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3 More Considerations When Drafting a Social Media Policy
1. Define “Appropriate”

Your employees need to know what is acceptable to say online and what isn’t. Make sure you set clear boundaries on what business and trade information is private and for internal-use only, and what information is acceptable for online discussion or even marketing purposes. Continue Reading

Instituting a company-wide social media policy is one of the best ways to protect your business’s brand and image on the Internet. Disgruntled employees may say negative things about your business online, harming your reputation and putting your company at risk. A well-written social media policy sets reasonable restrictions on your employees’ use of the Internet. Here are 3 considerations to think about when drafting a social media policy.
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3 Considerations When Drafting a Social Media Policy
1. Read Other Policies

It’s important to do your research when writing a social media policy for employees to make sure yours is in line with current industry standards. You don’t want to institute a policy so unforgiving that you drive potential talent away from your business. Search for other social media policies and contact an experienced lawyer to make sure your policy is appropriate. Continue Reading

Are you thinking about starting a business? The success or failure of your business venture depends on your ability to plan ahead, take action, and respond to what happens after your idea becomes a company. Here are 4 actions to consider on your path to business success.
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Building a Successful Business: 4 Steps
1. Clearly Define Your Vision and Goals

Business success comes through hard work and dedication. Having a clear vision and measurable goals is the first step. Write down your plans for the future of your company, both short term and long term. It can also be helpful to scout out your competition to see if your plans will hold up in the market. This is known as market research, and it will allow you to identify whether a similar product or idea is already out on the market. Continue Reading