Rosana's Blog: The Latest in Business Law



Checklist for Determining an Independent Contractor vs. an Employee

California Labor Code section 3353 defines an Independent contractor as a “person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.” The label placed by employers, however, […]

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Recent Employment Case Law

Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) California Labor Code Section 512 and Wage Order No. 5 require employers to provide hourly employees with an uninterrupted lunch break of at least 30 minutes, wherein the employee is allowed to leave the premises and is relieved of all duty for the entire […]

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AB 571 Dividends and Distributions of Corporations

Assembly Bill 571, which was signed into law in California in the Fall of 2011, significantly amends California law governing distributions to shareholders by California corporations. Pursuant to the solvency test contained in Section 501 of the California Corporations Code, a corporation may not make a distribution if the corporation is unable to meet its […]

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January Newsletter 2012

A new set of labor laws went into effect within the State of California this month.  These include expanded disclosure requirements, increased fines for the misclassification of independent contractors and added leave for pregnant employees. The most significant change to California’s labor laws is the Wage Theft Prevention Act, a new provision that requires employers […]

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Winter Newsletter 2012

WHAT’S LEGISLATING? A new proposed bill in California would prohibit employers from discriminating against unemployed candidates in the hiring process. This bill could potentially ban employers from advertising positions only to employed individuals. While employers want employees who have been consistently employed despite the recession, critics of the bill counter that the government should not […]

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