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CALIFORNIA LABOR LAWS 2015 NEW REQUIREMENT FOR COMPUTER PROFESSIONAL OVERTIME EXEMPTION
Minimum Hourly Pay Rate to Increase January 1, 2015 California Labor Code section 515.5 exempts certain employees in the computer software field from overtime compensation. The criteria include set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2015. To comply with the section 515.5 exemption, California employers will […]
THE ANNALS OF TRADEMARK NUMBER 3
Selecting a Trademark Part 2 Distinctiveness In our last trademark blog, we described steps for a prudent business owner to take in choosing a mark that will avoid conflict with existing marks. The second critical consideration is choosing a mark sufficiently “distinctive” from your product or service to permit its registration or protection. An understandable […]
ARBITRATION COMPANIES MUST DISCLOSE CERTAIN INFORMATION
“Private” Arbitrations No Longer Private In California Effective January 1, 2015 in California, private arbitration companies, including the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS), must publicly post certain previously-confidential information about their arbitrations. (Assembly Bill [AB] 802). AB 802 amends California Code of Civil Procedure section 1281.96 to require AAA, […]
THE ANNALS OF TRADEMARK NUMBER 2
Selecting a Mark Part 1 How do you choose a trademark (for products) or service mark (for services)? Choosing an enforceable mark or one that can be registered with the government is not as simple as just picking a word, icon or phrase that you like. Careful research and planning are required to confirm your […]
THE ANNALS OF TRADEMARK NUMBER 1
What is a Trademark? Trademark can be confused with copyright. As we have explained in recent blogs, a copyright protects works that one creates. A trademark is a word, group of words, symbol or logo a person or company uses to distinguish their products from those of others. A word, symbol, etc. used to distinguish […]
CONTRACTOR MISCLASSIFICATION…CLASS ACTION?
California Supreme Court Decides When Independent Newspaper Carriers May Challenge Their Classification as a Class Class action suits challenging company-wide workplace practices and thus posing crippling damage amounts have become big business in California and across the country. See, e.g., our blogs “The Devil is in the Details: Employment Class Action Suits Can Hinge on […]
THE ANNALS OF COPYRIGHT NUMBER 5
Fair Use Definition and Defense “Fair Use” is the most prevalent defense against copyright infringement and possibly the most misunderstood. It is a subject all in itself. Simply stated, if a use is “fair use,” it allows you to use someone else’s creation in a particular way without liability for copyright infringement. However, there is […]
PREVENTING WORKPLACE BULLYING
Abusive Conduct Prevention Training Now Required Every Two Years Effective January 1, 2015, a California employer must include prevention of abusive conduct as a component of legally-mandated sexual harassment training and education. (Assembly Bill [AB] 2053). Existing law requires employers with 50 or more employees to provide at least two hours of interactive training and […]
MANDATORY PAID SICK LEAVE FOR CALIFORNIA EMPLOYEES
Law Goes into Effect July 1, 2015 As reported in “Will California Employers Have to Cough Up Paid Sick Leave?”, the proposed Healthy Workplaces, Healthy Families Act of 2014 (Assembly Bill [AB] 1522) was the California Legislature’s third – and now successful – attempt to provide such benefits. Governor Brown signed that measure into law […]
THE ANNALS OF COPYRIGHT NUMBER 4
Defenses to Copyright Infringement As in any other sort of civil lawsuit, the alleged wrongdoer can prevail in a copyright infringement claim by asserting a valid defense. Common defenses include: 1. Lack of Copyright Notice: Under U.S. law before March 1, 1989, copyright owners were required to put a copyright notice on their works. The […]