Shareholder Oppression: Minority Squeeze-Outs & Remedies Under California Law

When the majority wants to get rid of “pesky” minority shareholders but still keep control of the business, they may attempt a squeeze-out acquisition. First, the majority will form a second entity where they are the sole owners. Under their …

How many days in a row can an employee be required to work?

Labor Code sections 551 and 552 provide that every employee “is entitled to one day’s rest therefrom in seven” and that “no employer of labor shall cause his employees to work more than six days in seven.” Labor Code section

UPDATED: New Overtime Regulations Still On Hold

Last year, the Obama administration’s Department of Labor approved a new rule increasing the minimum salary necessary to qualify as exempt from overtime under the Fair Labor Standards Act (FLSA) from from $455 per week ($23,660 annually) to $921 per …

What Happens When an Employee Embezzles Money by Forging the Employer’s Signature on Company Checks?

Tell me if this sounds familiar: Jane works as an bookkeeper for Jim’s company. She is not an accountant, but she manages invoices, receipts, and bills for the business. Jane has access to  company checks, but Jim still has to …

Does Enforcing Government Regulations Count As Control Of An Independent Contractor?

We all know the general rule: If the principal has the right to control the manner and means of the work, the worker is an agent or an employee.  If not, the worker is an independent contractor.  But what if …

Minority Shareholder Buyouts under Corporations Code section 2000

When minority shareholders have problems with the majority, one of their remedies is to petition for involuntary dissolution of the business.  When sued for involuntary dissolution, Corporations Code section 2000 provides the majority shareholders with an option to buyout the …

New Federal Overtime Regulations Coming Soon

In a blog post today, Labor Secretary Tom Perez announced that the DOL had finished drafting updates to Federal overtime regulations.

The rules governing who is eligible for overtime have eroded over the years. As a result, millions of salaried

Yes, You Can Appeal CUIAB A Decision That Your Independent Contractor Is An Employee

Independent contractors, unlike employees, are not entitled to claim unemployment insurance. But if a worker believes she was wrongfully classified as independent contractor, instead of an employee, she can file a claim for unemployment.

Normally, if an employer disagrees with …

Peabody v. Time Warner Cable: Commission Wages Cannot Be Averaged To Meet California Minimum Wage Requirements

The California Supreme Court published its opinion this week in Peabody v. Time Warner Cable, (2014) 59 Cal.4th 662, wherein it addressed the following question:

May an employer, consistent with California‟s compensation requirements, allocate an employee’s commission payments

Is Paying Wages In Bitcoin Illegal In California?

There was a lot of news last week about Assembly Bill 129, which some described as a bill to “legalize bitcoin in California.” Governor Brown signed AB 129 into law on June 26, 2014. Basically, AB 129 repeals an …