I am in the beginning phases of starting a product line and in attempting to trademark my business name in California the forms asked if the potential company was a corporation, a LLC, or a limited partnership. I have no knowledge as to what the ...
This is one of the most common (and important) questions people ask when forming a new business. My recommendation is that you set up a meeting with a local attorney who works in this area and review the pluses and minuses of the three forms as they apply to your business plan, line of work, ownership structure, etc. If you are a "do-it-yourselfer" there is an excellent Nolo Press book on Forming a Corporation in California, that has a five page chart comparing the different corporate entity structures (Subchapter S, Subchapter C and LLC, but not limited partnerships.) You might also check out an article on LLCs versus S Corporations in the October, 2015 Contra Costa Lawyer magazine that is available free online.
If you have an accountant, it would be a good idea to get that person's input too.
Best wishes on your new venture!See question
Summary I am planning to change my employer. However the job clause in my offer letter prohibits me from joining any of my company's client. I am seeking consultation to understand the repercussions & legality around the job clauses from my empl...
Definitely consult with an attorney. This is a potentially high dollar matter in which the employer, right or wrong, has taken an extremely aggressive stance in the document it got you to sign. When a lot of money is at stake, don't rely on anonymous, generalized internet discussions.See question
My mother is an illegal immigrant works at a residents garage house picking thorns off cactus with a knife standing all day its paid on commision when i droped her off at work once i saw the horrible conditions where they work it is very unsanitar...
One way to complain about unhealthy working conditions is to file a complaint with Cal-OSHA. Such complaints can be initiated by telephone, and I believe they will keep the name of the complaining person confidential if requested.
You have also mentioned that your mother is paid by commission. If you mean that she is paid a percentae of garage receipts, rather than paid by the hour, this is a payment arrangement in which there is a good chance that there are series of violations of wage laws. For example, unpaid overtime, not paying for rest breaks, to name just a couple. It might be wise for her to review the pay arrangements at her job with a lawyer in your community who is experienced in wage and hour law, to see whether the laws are being complied with in this regard.See question
I have worked selling mattresses and furniture at my job since May 16 of 2014, during this period of time I have also been attending College during my entire employment and was registered for school prior to starting my employment here (registered...
I agree with the other attorneys who have told you the employer can do this.
It also sounds like your not accepting the employer's scheduling requirements might disqualify you from unemployment insurance benefits. However, not all is lost. I suggest you read up on the EDD website how you can purge the disqualification. (generally it can be done by a certain number of weeks of temporary work) Even better than getting unemployment benefits would be finding another job, which hopefully your ongoing education will help you to do. Best wishes.See question
I'm an outside Sales Rep, employed since 2004' w same co. I recently learned our employer should have been paying our transportation expenses among other expenses we have such as our phone & office supplies. They have never paid us for mileage, e...
There is nothing new about the requirement to reimburse employees for business expenses, including mileage and cell phone use. Labor Code Section 2802 has been on the books for many years. Our firm has handled many expense reimbursement cases for years and years, numbering into the hundreds of people who have gotten reimbursed for mileage, tolls, parking, home office expenses, tools and cell phones, to name just some of the categories. One thing a lawyer can help with is reconstructing expenses if you didn't keep records at the time.
The only thing that is in the least bit new in this area is that a California appeals court confirmed last year that if an employer requires an employee to have business use of their personal cellphone, the employee is entitled to reimbursement for a reasonable percentage of the monthly charges, regardless of the particular plan.
The law allows employees to go back four years on claims of this nature and also to recover their attorneys fees if they win in court.See question
I work in a factory (truck driver) this place employs a lot of people from many companies (subcontractors) there is a (employee)security guard who mocks and verbal abuse me ,me and another immigrants he also writes nasty offenses in the restrooms ...
This sounds like harassment and something you would be wise to pursue- such as by alerting the HR department of your company, and checking with an employment lawyerSee question
Dear Attorney's, I am thinking to register a company in USA. I am thinking to start INC types of company but I am alone to now in the company is it possible to have INC company starting with 1 person or it's required to have multiple man...
There are a lot of pros and cons of different forms of organization. It's too complicated for a format like this to give you a good answer.
I suggest you go to your local library and look at the book entitled "How to Form Your Own Corporation" published by Nolo Press. There is a great chart that explains the pluses and minuses of INCs, LLC and other business forms at pages 26 through 30.
Price? Different lawyers charge different prices for formation of INCs and LLCs. Like anything else, shop around based on price and reputation.See question
I don't want to lose my job due to being "unfit" for the tasks, and I've neglected treating my injuries b/c I don't want to give my employer any reason to fire me if I have to take off work to recover. I already have to take off work at least once...
You understandably do not identify your diagnosis in this forum. It certainly sounds possible that your condition is a disability covered by the California Family Rights Act ("CFRA"). In order for that law to provide you with legal protection, your employer must have a certain number of employees working within a fifty mile radius of your job site and you must have worked a certain number of hours in the last year. If you are covered by this law, you may be entitled to intermittent family leave to cover your time off for these illnesses.
I suggest you go over the particulars with an attorney and assess whether you have a right to intermittent leave to address your situation.See question
A person who is not an employee but is a "regular" at my workplace has recently become very hostile towards me. He aggressively taunts me, pursues me when I try to walk away, makes false allegations (read: delusional) about my behavior and stateme...
Some things to consider from this point on:
1. Making a written record to the company of ongoing incidents and requesting that the company take prompt and appropriate action action each time there is a further incident.
2. Evaluating whether you have enough to go to court and get a restraining order/injunction about these incidents of harassment.
Sohnen & Kelly
I work at a bingo hall and I was offered another job somewhere else to be a manager at another bingo hall running different hours the my first job. I was getting burned out . my weekends are crazy.Saturday I work from 4pm-4am and come back the nex...
Sounds like these are two different companies running competing bingo halls.
At any given job, you are entitled to rest breaks and meal breaks.
The rule on rest breaks is you get one ten minute paid rest break for every four hours on that job, "or major fraction thereof"
The rule on meal breaks is you get one half hour unpaid meal break if the work day exceeds five hours, and two, if it exceeds ten hours. Sometimes employers try to get employees to sign "waivers" and "on duty meal period agreements' to lessen these requirements, but there is no indication uin your question that you signed anything like that.
If the employer does not follow these rules, there are a host of financial consequences to the employer which are a bit too involved to describe in an email.See question