Kring & Chung Attorneys LLP Kring & Chung Attorneys LLP2024-03-12T04:10:27Zhttps://www.kringandchung.com/feed/atom/WordPress/wp-content/uploads/sites/1201886/2022/06/cropped-kring-chung-icon-32x32.jpgOn Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=537252024-03-06T05:10:42Z2024-03-12T04:10:27Zsome factors can invalidate it if you’re not careful when drafting.
Illegal subject matter
The products or services your business offers must comply with federal and state laws. You should also ensure those you pay for are legal. If your contract outlines an illegal subject matter, it may be invalid.
Ambiguity
Every term in your contract should be clear. When a term can be reasonably susceptible to more than one meaning/interpretation, your contract may be ambiguous. While the court can do its best to resolve this matter, it can also potentially declare your agreement invalid.
Duress
If a party is pressured into signing a contract, it can be invalidated. Each party should enter into a contract voluntarily. Always give the parties you wish to work with a fair and reasonable time to go through a contract before signing. They should not feel pressured to sign the contract.
Capacity
You need to be extra careful when working with minors, as this can void a contract. You should also confirm everyone you enter into a contract with has required mental capacity. For example, someone can't lawfully sign an agreement while under the influence of alcohol or other drugs. Thus, serving wine or champagne when closing deals with prospective parties may be unwise. Lack of capacity to enter into a contract can be reason enough to invalidate a contract.
Unconscionability
A contract whose terms/outcomes are unfair (substantive unconscionability) can be deemed invalid. This may also be the case if a contract was unfairly made, perhaps one party had significantly more bargaining power/intelligence (procedural unconscionability).
Drafting a valid agreement is critical. Learn more about contracts, and seek legal guidance as necessary, to more effectively avoid mistakes that can disadvantage your business down the road.]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=537262024-03-05T04:14:39Z2024-03-09T04:14:22ZArbitration
First of all, let’s discuss arbitration and what it is. Arbitration is a form of alternative dispute resolution. It is a way to solve conflict outside the courtroom. Instead of going through the court system, the parties who find themselves in conflict present their case to a neutral third party, known as an arbitrator.
The parties present their side of the story to the arbitrator (or, in some cases, a panel of arbitrators) and after reviewing the facts and evidence, the arbitrator makes a decision. This decision is binding, which means that, absent extreme circumstances, going to court to change it is not allowed.
Why is arbitration a good idea?
Arbitration is an excellent way for employers to solve conflicts with anyone. This form of alternative dispute resolution is similar to going to court, in that there is a person who makes a decision (similar to a judge) but arbitration is more informal. It is also:
Less expensive
Faster for reaching resolutions
Confidential
Going to court is expensive. For employers dealing with a lawsuit, it can take months or even years to settle a matter, which means legal fees, court costs and more. In arbitration, on the other hand, the process is much less expensive and more efficient.
Benefits of arbitration
As discussed above, lawsuits can take a long time before the parties reach a resolution or the court makes a decision. Arbitration allows the parties to present their case in an efficient manner, after which the arbitrator evaluates the facts and evidence and makes a legally binding decision.
Court proceedings are usually open to the public but arbitration is a private process, which is highly beneficial to employers if they want to keep their information private. Many times, companies have trade secrets or other information they do not want to release to the public.
In these cases, going to court can be disastrous because any information exchanged between the parties or submitted to the court becomes a matter of public record. This can damage the company’s reputation or disclose sensitive information that the company does not want to disclose.
Drafting the agreement
It is important to note that the person who drafts the arbitration agreement should know what they are doing and have knowledge of the law.
It is critical to have a deep understanding of employment law because there are laws, regulations and exceptions that the public does not have. Attorneys know what should and should not go in an arbitration agreement.
In conclusion, arbitration agreements are a valuable tool for employers because they offer a cost-effective, fast and private way of dealing with problems. However, it is critical that employers have proper guidance in drafting arbitration agreements so they can implement them and for these agreements to be enforceable.]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=537142024-02-20T04:54:24Z2024-02-23T14:15:52ZTips for ensuring compliance
To protect your business interests, it helps to stay on the right side of employment law and regulations. Understating the differences between employees and independent contractors is key to avoiding the risks of misclassification. Regularly review your workers’ classifications based on factors like your level of control, financial arrangements and working relationship to avoid unintended errors.
Keeping accurate records of your workers, including their classifications, contracts and hours worked, is also essential. Such documentation can be useful evidence when faced with an audit or legal action.
Remember, compliance is not a one-time thing. It requires ongoing vigilance and regular training of your workers and managers to ensure everyone in your organization understands the importance of proper worker classification and the potential consequences of non-compliance.
Most importantly, stay informed about changes to employment laws and regulations. Seeking legal guidance if you are unsure about how to classify your workers correctly or address misclassification issues can help you to avoid costly mistakes.]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=537052024-02-05T06:17:56Z2024-02-09T06:17:40ZIn California, the right of employees to discuss their wages openly with colleagues is protected under federal and state labor laws. By empowering employees to share pay information without fear of retaliation, California’s laws are designed to combat wage discrimination and encourage equitable compensation practices.
California's progressive labor laws, including provisions within the California Equal Pay Act, underscore the state's commitment to ensuring that employees are fairly compensated. These laws clarify that employers can’t implement policies or take actions that would discourage or penalize employees from discussing their wages.
Freedom to speak about pay has economic benefits
The ability of employees to discuss their wages openly has a direct impact on advancing equal pay initiatives. When workers share pay information, it becomes easier to identify discrepancies that may indicate discriminatory practices. This transparency allows employees to advocate more effectively for equal pay for equal work, supporting efforts to eliminate wage gaps. Additionally, employers may be more diligent in their compensation practices when they know that information about pay isn’t hidden, furthering the cause of wage equality. In this way, California's laws on wage discussion act as a catalyst for promoting fair compensation across all sectors. Employers found violating the provisions that allow workers to discuss their pay freely can face legal consequences, including penalties and being required to compensate affected employees. All employers need to ensure they comply with all applicable laws. If any employer learns about an employee filing a complaint about this or any other employment law, they should take steps immediately to protect the company.
]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=537012024-01-18T09:00:16Z2024-01-23T09:00:02ZLandlords want tenants who will respect the property, pay their rent on time, and not cause problems. Tenants wish to have a landlord who will respect their privacy, provide safe living conditions, and make repairs promptly.
A signed rental agreement is the best way to ensure both parties uphold their end of the deal. While there may be some variations dependent on specific property features, here are some elements that should be included in every contract.
Names of all parties
The agreement must clearly state the names of everyone involved. This includes the name of the landlord or property management company and all the tenants residing at the address. This ensures that each person is legally responsible for adhering to the terms of the agreement.
Property description
There should be a thorough description of the rental property. This typically includes the physical address and may contain details such as the apartment number and additional spaces, such as an assigned parking spot or storage unit.
Lease term
The start and end dates of the lease need to be outlined. The agreement should state if it’s a month-to-month lease or a fixed term, like one year. There should also be a section under which a lease can be terminated and if there are penalties for breaking the lease early.
Rent details
The contract needs to include the amount of rent, when it is due, acceptable payment methods and late fees. If a security deposit is required, the contract should mention the amount and the conditions under which it will be returned at the end of the lease. It’s important to note that beginning July 1, 2024, landlords are prohibited from charging more than one month’s rent as a security deposit.
Maintenance and repairs
The contract should clearly define who is responsible for maintaining the property and making any repairs. There also needs to be a clause under which circumstances the landlord may enter the property, such as inspections or making repairs, and how much notice must be given.
Rules and regulations
It’s essential to be clear about specific rules such as noise levels, pet policy, guest policy and other restrictions to prevent misunderstandings.A well-drafted rental agreement is crucial to a positive experience for the landlord and tenant. It provides a clear understanding of rights and responsibilities and protects the interests of both parties.
]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=536952024-01-04T05:07:41Z2024-01-10T05:07:15Zconduct unbiased interviews that showcase talent while minimizing the risk of discrimination claims.
Focus on the job position
Use neutral language and avoid inquiries about an applicant’s personal life, family planning, religion, age or other protected characteristics. Instead, ask skill-based questions about experiences and achievements, allowing candidates to highlight their capabilities without revealing irrelevant details.
Bonus tip: Consider adopting a blind resume review process that strips away personal details about each candidate before choosing who to interview.
Create a diverse and inclusive atmosphere
Many employers conduct their own interviews to ensure they have found the best person for the job. However, creating a panel of interviewers from different backgrounds and perspectives may minimize unconscious bias and broaden the assessment criteria.
Bonus tip: Ensure that the interview process is accessible to all candidates, including those with disabilities, by providing accommodations.
Structure and standardize the process
Use a standardized and structured interview process for all your job candidates. Prepare a script with questions relevant to the specific position you seek to fill and assess candidates on job-related categories within the script.
Bonus tip: Use interview scorecards to rate candidates objectively and consistently.
As you can see, it need not be complicated or expensive to improve your job interview process to benefit your company and your candidates. Legal guidance can help you find more ways to protect your business from discrimination claims.]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=536772024-01-03T10:42:47Z2024-01-08T10:42:25ZThere’s been a trend nationwide in recent years of limiting the use of non-compete agreements and clauses in employment agreements to industries where they’re necessary for fair competition. Those clauses can’t be more broad or restrictive than necessary.
California has been a leader in this area. Unfortunately, not all employers have refrained from including non-compete provisions where they weren’t needed. Now, a law signed by Gov. Gavin Newsom that took effect on Jan. 1 makes it even more difficult to hold employees to a non-compete agreement. It should, however, help employers bring on talented employees.
What’s in the new law?
The law reiterates that “every contract that restrains anyone from engaging in a lawful profession, trade, or business of any kind is, to that extent, void, except under limited statutory exceptions.The law prohibits an employer “from entering into a contract with an employee or prospective employee that includes a provision that is void under the law….” It also states that “an employer who violates that law commits a civil violation. The bill would authorize an employee, former employee, or prospective employee to bring an action to enforce that law for injunctive relief or the recovery of actual damages, or both….” It also essentially voids any previously signed agreementsunless they are valid under current law.
What does it mean for non-compete agreements signed in other states?
California employers cannot “enforce a contract that is void regardless of whether the contract was signed and the employment was maintained outside of California.” That means if an employee signed a non-compete agreement in a state with fewer restrictions, it can’t be enforced here unless the terms are enforceable under California law.This will make it easier for California employers to hire people from other parts of the country they would otherwise have been unable to because of non-compete agreements they signed in other states.It can be a challenge for employers to keep up with the many changes in California employment-related laws. Whether you’re drafting an employee agreement, have questions about an existing agreement or are being challenged by another business regarding their non-compete clause, it’s crucial to have experienced legal guidance on your side.]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=536722023-12-21T05:47:32Z2023-12-27T05:46:45ZPeople build their families in all different ways these days. Besides the old-fashioned way, there’s adoption, in vitro fertilization and surrogacy. When things don’t go as planned, it can be devastating for both prospective parents.
Beginning in January, California law is recognizing that people may need to take a little time off to recover from a “reproductive loss” – no matter how it happens. The law will require California employers to let their employees take up to five days off without fear of retaliation or discrimination.This leave can be used for:
Miscarriages
Stillbirths
Failed adoptions
Failed surrogacies
Unsuccessful reproductive technology procedures
Employees have up to three months after the loss to take this leave, which is available to both prospective parents.While employers don’t have to provide paid reproductive loss leave, it’s important to understand that they can use “certain other leave balances otherwise available….” This can include paid sick leave, for example.
What new employee rights are in the law?
For some employers, the new law may not bring significant changes to their policies. Many California employers already let employees take time off to deal with serious events in their life. Further, California already offers pregnancy disability leave (PDL) for the person giving birth. The new law, however, recognizes that reproductive losses affect the other spouse or partner as well. Further, a couple can be devastated by learning that they’re not going to get the child they’d planned for and dreamed of – no matter how that child was going to come to them.Even if you consider yourself a generous employer who believes in letting employees put family first, it’s still crucial to understand the law – and to make sure that all of your people in management, supervisory and personnel positions understand it so that they aren’t giving employees incorrect information. You can further help your employees by making sure they know about the new law so they know it’s there for them if they need it. If you have questions or concerns about any part of it or other state or federal employment laws, it’s wise to have sound legal guidance.]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=536612023-12-08T05:42:26Z2023-12-14T05:41:49ZIn the competitive business landscape, safeguarding your trade secrets is paramount to maintaining a competitive edge. As such, you need effective strategies that your businesses can employ to prevent the leakage of trade secrets, potentially ensuring the security and longevity of your proprietary information.
In the digital age, where information is shared and transferred at an unprecedented pace, protecting your business's intellectual property has never been more crucial. Trade secrets, often the lifeblood of a company, encompass a wide range of confidential information, from customer lists to manufacturing processes.
Identifying vulnerabilities
To effectively prevent trade secret leakage, businesses must first identify potential vulnerabilities. Conducting a thorough risk assessment involves evaluating internal and external factors that may compromise sensitive information. This includes scrutinizing employee access, third-party partnerships and the overall cybersecurity infrastructure.Unfortunately, one of the primary sources of trade secret leaks is internal—employees, whether inadvertently or maliciously, can pose a significant threat. Thankfully, implementing regular training programs and cultivating a culture of awareness can mitigate these risks. Emphasize the importance of confidentiality and the potential consequences of breaching trust.
Implementing robust security measures
In the digital realm, employing encryption and access controls is imperative. Try to ensure that sensitive data is encrypted during transmission and storage. Implement strict access controls, limiting information access to employees on a need-to-know basis. This not only enhances security but also establishes a clear line of accountability.As businesses increasingly rely on collaborative tools, choosing secure platforms is paramount. Utilize collaboration tools that offer end-to-end encryption and multi-factor authentication. This not only helps protect trade secrets during collaboration but also prevents unauthorized access.In business, preventing the leakage of trade secrets is not just a protective measure; it's a strategic imperative. By understanding vulnerabilities and implementing robust security measures, businesses can create a formidable shield around their valuable intellectual property more effectively.
]]>On Behalf of Kring & Chung Attorneys LLPhttps://www.kringandchung.com/?p=536402023-11-20T07:10:06Z2023-11-24T07:09:26ZWhen purchasing real estate, it is common for people to use contingency clauses. These clauses give them a form of protection in case things fall through.
For instance, the offer to purchase the property may have an inspection contingency clause. If the property fails the inspection, then the buyer doesn’t have to stand behind their offer. They can walk away without an issue. Another example is that an offer may have a contingency clause stating that the buyer has to get final approval for the loan that they need to purchase that property. Many buyers get preapproval, make an offer, and then still have to wait for final approval. The contingency clause means that they’re not obligated to pay if they don’t get that loan.
Why would someone remove these clauses?
You can see how beneficial a contingency clause may be, but some buyers will remove them. This can often be beneficial because it makes it more likely that that offer will be chosen.Consider a seller who gets two identical offers that are right at the asking price. Either one of them would give the seller what they’re looking for. But one offer has numerous contingency clauses, and the other does not have any. Not wanting the deal to fall through for any reason, the seller will choose the offer without the clause.Does this mean it’s wise to remove contingency clauses? It can be a risk. But there are also benefits to that risk. Every situation needs to be weighed carefully, and both buyers and sellers need to understand their legal obligations.]]>