Articles Tagged with business lawyer

AdobeStock_314925095-300x200The Supreme Court of California recently issued an opinion with significant consequences for any business that enters into contracts. This opinion addresses liability for interfering with an at-will contract, as well as the limits of the few exceptions to the statutory ban on non-compete agreements in our state. It is essential for business owners to understand the implications of this ruling in order to enter into enforceable contracts that will not leave them liable for damages, court costs, and other costly expenses.

The Latest Supreme Court Ruling

On August 3, 2020, the Supreme Court of California issued an opinion that answered critical questions about how California law on tortious interference with business relations applies to an at-will contract. The Court ruled that companies are not liable for encouraging others to end an at-will contract unless there is “independent wrongfulness.” This analysis relied heavily on the uncertain nature of an at-will contract. While parties to a binding contract are negotiating for certainty in their future business relationship, there is no such certainty in an at-will contract. For this reason, legitimate business competition takes precedence over the terminable relationship in such a contract.

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The coronavirus pandemic has drastically affected the American workplace. Throughout the country, employees are working from home, and companies are radically changing the way they get business done. Many of these creative solutions are changing California businesses for the better. Existing employment laws still apply to the new workplace. As an employer, you need to be aware of certain issues that could expose you to liability.

Scheduling Changes

Many companies have been forced to lay off workers or reduce hours to stay in business. Before you make any decisions about firing or layoffs, you should be aware of the potential legal consequences of doing so. Employees who have a written employment contract or are part of a union may have protections against these actions, even in the unprecedented circumstances of a global pandemic. Even changing shifts or job responsibilities could trigger the provisions of such a contract. Consult with an employment lawyer before implementing changes that could expose your business to liability.

AdobeStock_164602790-300x200Mechanics liens are a complicated legal tool with dramatic financial consequences. It is important for any property owner, business owner, or contractor to understand how this tool applies to you. Call Structure Law Group at (408) 441-7500. Our experienced Silicon Valley business lawyers can help you understand how mechanics liens work, and how you can either prosecute or defend a mechanics lien to protect your financial interests.

What is a Mechanics Lien?

A mechanics lien is a legal tool used to protect contractors’ right to payment. A contractor (and certain other parties) who have not been paid for labor, materials, or services can file a lien against the real property at issue. This lien acts as a “cloud” on the owner’s title. The owner cannot sell the property until the lien has been satisfied. In certain cases, the holder of a mechanics lien might have other ways of enforcing the lien, as well.

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Starting a business partnership can be very exciting. You are ready to hit the ground running with your new venture. However, you will want to pause and make sure you have your legal interests well documented and in order before you jump into starting the business. The corporate attorneys at Structure Law Group understand the intricacies of forming a partnership and putting safeguards in place should a problem later arise.

California Partnership Legal Classifications

General Partnership

If your business employs at least one person, you should always be aware of the ever-changing wage and hour laws in California and your particular city. In addition, if your company has locations and employees in multiple states or cities, you need to be in compliance with the laws of those jurisdictions, as well. One important aspect of employment law is that many states and cities are raising the required minimum hourly wage. Ignorance of the changes to minimum wage laws is not a valid defense to violating those laws and noncompliance can be costly. Contact the California employment attorneys at Structure Law Group, LLP to stay up-to-date on the latest employment law.  The following is a brief overview of the recent updates to minimum wage in California and increases in other parts of the United States.

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 California Minimum Wage Adjustments

 California has a legislative plan in effect that aims to raise the minimum wage across the state to $15.00 per hour by the start of 2022 for most businesses and by 2023 for smaller businesses. There is one set of guidelines for companies that employ 26 or more individuals and another set for companies with 25 or fewer, so it is important to know which set of guidelines applies to your business.  However, depending on where you conduct your business, a higher minimum wage may apply than what has been enacted by the California legislature, as many cities across the state have increased the minimum wage on their own.  For example, San Francisco raised its minimum wage to $13.64, which will increase to $14.00 per hour on July 1, 2017.  San Jose’s minimum wage is currently $10.50 for all employers and will increase to $12.00 per hour on July 1, 2017.  It is critical to know what the local and state minimum wage is in order to ensure compliance and the employment attorneys at SLG can help.