Publications

A SAFE AND SOBER MESSAGE ABOUT WORKPLACE PARTIES

Improper use of alcohol may expose employers to liability under tort, workers' compensation or other laws. California courts have held employers liable for personal injuries caused by employees who drive home from company sponsored holiday parties in a state of intoxication.

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NEW IRS GUIDELINES FOR FLEXIBLE SPENDING ACCOUNTS

On September 3, 2010, the IRS issued new guidelines to help employers interpret the rules put in place by recent health care reform changes, relating to over-the-counter medicines and drugs. These changes will take effect as of 2011.

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THE PURCHASE AGREEMENT ARBITRATION PROVISION DOES NOT LIMIT THE COURT'S AUTHORITY

Under California law, a contractual arbitration provision does not make arbitration a mandatory alternative to trial.

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SHORT SALE DISCLOSURE

The duty of a listing broker and agent to a buyer has changed in light of the onslaught of short sales. On October 6, 2010, the California Appellate Court in the case of Holmes v. Summer, 4th Appellate Dist., 3rd Div. 2010, extended the listing agents' duty to a buyer, requiring disclosure of financial obstacles affecting title.

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WHAT IS A FRANCHISE?

Franchising is no longer a business structure that is reserved for "large franchises" that have a long operating history and business track record. It actually has become a popular business structure that business owners can elect to set up even in the earliest stages of their respective businesses.

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TIPS TO AVOID COSTLY SEXUAL HARASSMENT LAWSUITS

Hewlett-Packard's former CEO Mark Hurd recently claimed that he "did not have sex with that woman." Whether or not he is guilty of the offense, the lawsuit against him and HP Board of Directors cost HP $9 million dollars.

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EMPLOYEE SEVERANCE REQUIRED?

Simply put, an employer has no obligation to pay severance, but once the employer makes the offer of severance, it becomes binding.

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