California employers are familiar with AB-5 by now. The law aimed to protect workers from misclassification. Employers have had to use the ABC test to reevaluate whether workers they classified as independent contractors are indeed contractors under these terms. However, new statistics indicate that the law may not be working as intended. What should employers know for the future? What does the research say? According to the U.S. Chamber of Commerce, many lawmakers believed that AB-5 would lead individuals classified as independent contractors to become employees. It seems that did not happen ..read more

Back in 2021, we discussed the difference between trademark infringement and trademark dilution. Business and trademark owners know that both issues can have a considerable impact on their reputations. However, the main concern when it comes to dilution often lies in determining whether or not it is truly a dilution of a trademark or a parody. In that previous blog post, we addressed the particular case involving Jack Daniels’s trademark whiskey bottle design. This case – and the effect parodies have – remains at the center of this complex matter. Ongoing battle over dilution went to the Supre ..read more

It should be simple: you provide a service, and your customer pays you for that service. Unfortunately, it is not always so simple. Not getting paid for your work can be one of the most frustrating issues, especially for small businesses. It also does not take much for money matters to lead to larger disputes. So, what should small business owners do in these cases? 1. Start with a reminder notice Most sources, including the U.S. Chamber of Commerce, agree that business owners should not begin by escalating the situation. Take time to review and fully understand the circumstances of this indiv ..read more

Many challenges can crop up when working on a construction project. Among these challenges, errors are the last thing that contractors or project owners want to face. Yet, they are not uncommon as you navigate the process. Design errors or mistakes are one such issue that can result in serious construction disputes and delays. It is important to determine who is liable when it comes to defects and design errors. So, who is responsible for design errors? Many might assume the architect – or the person who created the project design – is responsible for design errors. That is not necessarily tru ..read more

Construction projects are subject to many internal and external factors. Due to this, delays are not an uncommon occurrence. Whether delays are the result of bad weather conditions or supply chain issues, contractors and their clients cannot control every aspect of the project. Delay issues are very common construction disputes. Therefore, new and experienced contractors alike need to know when their clients may have a reason for a delay claim. 2 particular types of delays that pose a risk Common obstacles that contractors faced during the height of the COVID-19 global pandemic involved supply ..read more

The topic of artificial intelligence (AI) is trending nearly everywhere nowadays, particularly in the workplace. Many California employers may already use AI within their workplace, while others are now looking to implement it in operations. It is important to stay up to date with current trends in the business world and the employment arena. However, caution is critical. Consider the EEOC’s warnings If you utilize AI in the workplace, you must ensure that it complies with federal employment laws, per warnings from the Equal Employment Opportunity Commission (EEOC). This is essential when cons ..read more

Whether you are opening the doors of your first small business, or you are growing your business, hiring employees is a critical step. Approaching this process can be overwhelming, especially while balancing other aspects of your business. Employment plays a key role in your business, yet it is often the area that involves the biggest risk of legal disputes and issues. There are a few things that small business owners must keep in mind as they begin the hiring process. It is a challenging first step The hiring process is the first step of the relationship between employees and employers. For m ..read more

It is important to be selective when choosing a business partner. You want a partner who is reliable, honest and who has good business sense. However, even if your business partner is your closest friend, family member or spouse, you could run into challenges as you operate and grow your small business. If you face a partnership dispute, you do not want to put your business at risk. So, there is one critical step you must take before moving forward. Determine: What is the reason for the dispute? The first step is to discover the core reason for the dispute. This is key to finding an effective ..read more

Concerns about inflation are leading to financial stress for nearly everyone across the country – especially for small business owners. It can already be difficult to strike a balance between running a business and efficiently managing finances, and the current circumstances are weighing heavily on business owners. Financial stress can escalate quickly. This is especially true considering that claims of unpaid wages are some of the most common lawsuits small business owners face. So, what must small business owners consider in these cases? Three aspects of wage claims to understand As a small ..read more

Like any creative business, architects rely on their intellectual property. Their designs are at the center of their work. For example, as we discussed in a previous post, many architects nowadays focus on creating new ways for their building designs to be environmentally friendly and sustainable. However, nearly every form of intellectual property faces the risk of theft or infringement in the business world. Architects face unique challenges with their copyrights – as well as risks. Copyright issues in the architecture world One of the biggest issues, of course, is that there are many aspect ..read more