Entries by shawna

HR Best Practices for Effective People Management

Improve HR practices with people management tips for hiring, training, engagement, pay, performance, and workplace transparency. Build stronger teams through practical HR methods that support retention, productivity, communication, and business growth.

What is Slander? Meaning, Examples, and Libel vs. Slander

Slander is spoken defamation that harms a person’s reputation through false statements presented as fact to other people. This article covers meaning, examples, defenses, and the difference between slander and libel in defamation law.

What Does A General Counsel Do?

See what a general counsel does, from legal oversight and compliance to risk management, board support, and business strategy. Get a concise look at daily duties, core skills, and the right time for companies to hire one.

Material Breach of Contract: All You Need To Know

Material breach of contract covers serious violations that defeat an agreement’s purpose and may justify termination and damages. This article outlines material, anticipatory, actual, and minor breaches, plus common defenses, court factors, and legal remedies.

Workplace Gross Misconduct Meaning

Gross misconduct refers to serious workplace behavior such as theft, fraud, violence, or major policy breaches that destroy trust. This guide outlines examples, investigation steps, disciplinary procedures, and legal risks linked to unfair dismissal claims.

Workplace Harassment California: Prevention Guide

California workplace harassment prevention guide covering FEHA standards, harassment types, reporting timelines, and fair investigations for employers. Highlights required training, complaint response steps, documentation, and discipline practices to curb hostile workplaces and limit legal risk.

What Does Corporation Double Taxation Mean?

Corporation double taxation refers to profits taxed at the company level and again when distributed to shareholders as dividends. This article explains how it works, why it exists, international issues, and ways businesses reduce exposure through structure or credits.

What Is Imputed Income And Why Is It Deducted From Your Paycheck?

Imputed income explains how non-cash employee benefits become taxable wages under IRS rules, including cars, gift cards, and life insurance. This guide covers reporting duties, GTL calculations, exemptions, W-2 treatment, and payroll tax impacts for employers and employees.

Can you change the name of your LLC?

Change your LLC name by filing a Certificate of Amendment and updating records with the state, IRS, and FinCEN. Update bank accounts, permits, contracts, vendors, and marketing materials, or use a DBA for a faster public-name switch.

Liquidated Damages Clause: What Is It, And Is It Enforceable?

Liquidated damages clauses set a preset breach amount, so California contracts can limit fights and settle faster when losses are uncertain. Courts enforce them only when the figure is reasonable, triggers are spelled out, and the clause compensates rather than punishes.

What Is Piercing The Corporate Veil and How To Prevent It?

In corporate law, “piercing the corporate veil” refers to courts putting aside limited liability and holding the owners, shareholders, or members of a corporation or LLC personally liable for corporate debts. When a corporate veil is pierced, the corporation shareholders’ and LLC owners’ personal assets can be used to satisfy business debts and liabilities.

How To Become Registered Agent

A person or company can be a registered agent. There is no special license or permit to be a registered agent. However, you need to have the proper business licenses and permits.

How To Open A Gym

To open a gym business, start by conducting market research to understand the local demand, demographics, and competition.

Can A Beneficiary Sue A Trustee?

A trust beneficiary can sue a trustee by filing a lawsuit for breach of fiduciary duty to reclaim property that rightfully belongs to the trust or wrongfully managed a trust.

What Kind Of Lawyer Do I Need To Start A Business?

A business startup lawyer provides legal services to entrepreneurs to start a business by drafting articles of incorporation, filing a fictitious business name (DBA), and articles of incorporation.

Types of Employee Benefits

Employee benefits are employee compensation packages that include types of benefits such as retirement plans, 401k, disability insurance, health insurance, and paid time off.

What Is an Employment Lawyer?

What does an employment attorney do? An employment attorney advises employers and employees on any aspect of employment law, including work-related disputes such as wage, overtime, and PAGA claims.

What Is Commercial Litigation?

Commercial litigation is a dispute arising in a business relationship where one party sues another for unlawful business practice such as breach of contract, fraud, shareholder derivative action.

Employer Legal Advice

Among the top legal advice for employers is to proactively avert breaches of employment law prior to their occurrence. In California, employers frequently transgress employment regulations, regardless of their intention.

Employment Litigation Attorney

At Nakase Wade, our California attorneys are employment litigators representing only employers. Our employment litigation attorneys protect the right of employers and employment law defense. 

How To Set Up S Corp

To form an S corporation, the incorporator must file an Article of Incorporation with the Secretary of State where the corporation will do business.

How is S Corp Taxed?

The IRS taxes S corporation as pass-through corporate income, which means the income, losses, deductions, and credits are passed through to their shareholders’ tax returns.

What is an annual report for an LLC?

An LLC annual report is an overview of key facts about a limited liability company (LLC) reported to the state where the LLC is registered concerning the company’s activities throughout the preceding year.

Unruh Act Business Website Accessibility

The Unruh Act applies to all business websites that promote or sell services or products within California, enabling disabled people equal access to their services.

What Is A Shareholder Derivative Suit?

A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of the corporation against the corporation’s officer, director, or third parties for breach of fiduciary duty.

Is A LLC Taxed As Sole Proprietorship?

While similar, there are critical differences between a sole proprietorship and a single-member LLC, from liability protection to tax implications and more.

How Long Is Maternity Leave in California?

The California Family Rights Act (CFRA) allows eligible employees up to 12 weeks of unpaid to bond with a newborn child or to care for a seriously ill family member.

What Is Due Diligence In Real Estate?

In real estate, due diligence investigating facts about the physical and financial condition of the property includes reviewing environmental factors, researching zoning and permits, ordering inspections, and analyzing financial documents.

C Corp vs S Corp vs LLC: Differences and Benefits

While C-Corps are double taxed, Shareholders of S corporations and LLCs report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates.

LLC Taxed An S Corp (S Corp Election)

The benefits of an LLC electing S Corp taxation are avoiding paying self-employment tax on your pass-through profits and double taxation for the income.

LLC vs Limited Partnership: What’s the Difference?

A limited liability partnership and a limited liability company (LLC) are similar because all partners are has limited liability protection. A limited partnership is managed by one or more general partners who control the day-to-day operations of the business. An LLC is managed by the managers.

Business Dispute Lawyer

Free consultation with a litigation attorney concerning your business dispute you need help resolving in California including Los Angeles, San Diego, Orange County, and San Jose County.

Business Startup Lawyer

Our business startup attorneys provide legal services to entrepreneurs at the initial start-up stage.

Learn How To Dissolve An LLC

Learn all the steps an LLC member needs to do to dissolve an LLC, including voting, paying creditors, liquidating assets, filing taxes, allocating assets, and filing dissolution documents.

What Is Age Discrimination?

Age discrimination involves treating an employee or applicant less favorably because they are 40 years of age or older. 

WARN Act CA (Mass Layoff Protection for Workers)

California WARN Act protects workers, their families, and communities by requiring companies to give a 60-day notice to the affected workers, state, local representatives before a mass layoff or closing a plant.

What Do Corporate Lawyers Do?

One of the primary responsibilities of a corporate attorney is to ensure that the companies they represent comply with corporate laws and regulations.

What Is a Partnership In Business?

A business partnership is a relationship between two or more people to do trade or business, operation of a business, and shared ownership.

How To Start At Home Daycare

The first step to starting a home daycare is to get a Family Child Care Home License from the California Department of Social Services.

What is paternity leave?

Paternity leave is an employee benefit where a new father is given a period of several weeks or months to stay home from work to bond with a newborn child.

What is a ITIN number?

An ITIN a nine-digit tax processing number issued by the Internal Revenue Service to businesses for tax filings. 

What is payroll?

Payroll means paying employees for their work which is total amount of money an employee receives from the employer.

What is FEHA?

FEHA stands for Fair Employment and Housing Act which prohibits discrimination in all aspects of work and housing.

Reasons Unemployment Is Denied

EDD may deny your unemployment benefits if you cannot verify your identity, quit, were fired for misconduct, or did not work long enough.

Partnership Dispute

Many partnership disputes can disrupt your business, and the quickest way to resolve the conflict is to look at the partnership agreement.

What is California 4 Hour Minimum Pay Law?

California’s 4-hour minimum shift rule, known as reporting time pay, requires employers to pay workers who report to work but are not allowed to work all their pre-scheduled hours.

EDD Audit: What to Do

Minimize the penalties and fines by contacting an experienced EDD audit attorney for a free consultation.

What Is A Shareholder Derivative Suit?

A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of the corporation against the corporation’s directors, officers, or other third parties who breach their duties, causing harm to the company.

How to Calculate Employee Turnover Rate

To calculate the new-hire turnover rate, divide the number of employees who are no longer with the company during a specific period (e.g., quarterly or annually) by the number of employees at the beginning of that period.

Organizational Culture Types

There are four types of organizational culture types: adhocracy culture, clan culture, hierarchy culture, and market culture.

What is co-employment: how to minimize risk?

Co-employment is a contractual relationship where a professional employer organization (PEO) and a business share employment responsibilities such as job duties and payroll.

Concepts of HRM (Human Resource Management)

The concept of HR Management includes recruiting workers, managing workers’ performance, development and learning, pay and benefits, human resource information systems, and HR data analytics.

Commingled Funds: Definition, Law, & Risks

Commingle funds in business means treating or using business money or assets for personal use. Commingling is using personal funds for business purposes, and using business money for personal benefit.

What is age discrimination in the workplace? (Examples)

Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.

What is FITW Tax?

A FITW tax or Federal Income Tax Withholding is a federal income tax that is withheld from a worker’s wages.

Rescission of Contract

Rescission of contract is when a party to a contract rightfully cancels a contract for any of the following legal reasons 1) mistake, duress, fraud, or undue influence, 2) failure to provide consideration, 3) or material breach by the other party.

Partnership Law Overview

A partnership is defined as a for-profit business organization comprised of two or more persons. A partnership allows two or more persons to share responsibility for a business.

9 Box Grid: What is it and how to create

The 9 box grid is a HR management tool that managers provide objective, unbiased evaluation of employees who are divided into nine groups, based on their potential and performance.

What is The Burden of Proof in Civil Case?

In a civil case, the plaintiff has the burden of proof, which means the plaintiff must convince the jury that the facts are as presented and that there is grounds for the case.

HR Functions: What Does HR Do?

Human resources department’s HR function include planning, coordinating, and directing the administrative function of a company and its workers.

What Is HR Analytics and How To Get Started

HR Analytics (Human Resource Analytics) is the process of collecting, analyzing, and applying employee data to improve a company’s workforce performance and business outcomes.

California Breach of Contract

A breach of contract in California occurs when a party to a contract fails to perform an obligation required by the contract.

Trial Preparation Checklist

This trial preparation checklist helps you perform the essential tasks for the trial readiness conference and trial call.

Joint Employer in California

Under the joint employer (aka: joint employment) rule, a worker can sue a a company other than the direct employer for wage and hour violations.

Workplace investigations in California

In California, a person who is not an employee of a company that conducts a workplace investigation must be an attorney or licensed private investigator.

How does HR handle harassment?

The company, through HR, should say “Thank you” to the complainant and approach the complaint with a supporting, respectful, and welcoming attitude instead of aversion, resistance, or alarming.

How to handle an employee sexual harassment complaint.

When an employee makes a sexual harassment complaint, you should carefully collect evidence by interviewing witnesses and analyze the facts of the company’s workplace anti-harassment policies. Most importantly, treat the complaining employee with compassion and respect.

Fiduciary Duty California

A principal who owes a beneficiary a fiduciary duty must use reasonable care, the duty of undivided loyalty, confidentiality, good faith, and the best interest of the beneficiary. A breach of fiduciary duty occurs when the person who owes the fiduciary fails to act in the beneficiary’s best interest, such as not exercising reasonable care.

Usurping a Corporate Opportunity

When a corporate director or officer is present with a business opportunity related to or the same as the corporation’s business, they cannot engage in that business opportunity for their personal benefit.

Quantum Meruit California

In contract law, quantum meruit refers to circumstances where there is no actual contract, but the law implies a promise to pay for services rendered that were not free.

What is Material Breach?

In contract law, a material breach occurs when a party fails to perform the core of the contract’s terms, which defeats the purpose of entering into the contract.

What is constructive fraud?

Constructive fraud occurs when a person with a legal duty to a beneficiary breaches that duty by any act, omission, or concealment which results in damages to the beneficiary, even though the conduct is not otherwise fraudulent.

Statute of Frauds California

The Statute of Frauds in California requires certain types of contracts to be written and signed by all parties to be enforceable.

Is it a legal requirement to have an employee handbook?

Employers are not legally required to provide workers with an employee handbook. However, federal and state laws require companies to provide employees with information about workplace rights, sick leave policies, paid time off (PTO), etc.

How do you create a company handbook?

An employee handbook is a document a company shares with employees to communicate expectations of work and policy and explain benefits. The employee handbook should include a statement that summarizes each policy and procedure.

Motion for Remand

A motion for remain must be made within 30 days after the notice of removal is filed. A motion to remand the case may be made on the basis of any defect other than lack of subject matter jurisdiction.

California Termination Checklist

Under California law, employer must provide to employee: Notice to Employee As To Change In Relationship, Final Paycheck, Notification of Coverage Options, Notice of COBRA Continuation Rights, COBRA Election Notice, HIPP Notice, and Notice of Retirement Benefits.

What is the Partnership Agreement?

A partnership agreement is a contract between two or more people that dictates specific business practices and how a business will operate.

What is an LLC?

LLC stands for limited liability company. A Limited liability company (LLC) is a business structure that offers limited liability protection and pass-through taxation.

California Law on Hiring Minors

California’s child labor law protects almost all minors under 18. Minors who are 16 and 17 years old may work 4 hours per day on any school day and 8 hours per day on nonschool days.

How do you respond to a PAGA lawsuit?

Upon receiving a PAGA notice, an employer should immediately contact an employment attorney with experience defending PAGA lawsuits. Responses to PAGA claims must be filed online, with a copy sent by certified mail to the aggrieved employee or their attorney.

Motion to Quash Subpoena

A person may file a motion to quash a subpoena if their medical records, consumer records, employment records, or personally identifying information are contacted in the documents sought by the subpoena.

What is the Bane Act?

The Bane Act provides liability for coercion, intimidation, threats, and attempts to interfere with a person’s civil rights. Any person who had his civil rights violated can bring a lawsuit for damages against someone who violated the Bane Act.

What are the benefits of incorporating a business?

The benefits of a corporation include easy access to raising capital for a new business and personal liability protection. A primary advantage of a corporation is that it protects investors from the liabilities of a company.

What is an employee handbook?

An employee handbook provides information and detailed guidance on the company’s workplace code of conduct, policies, procedures, values, expectations, working conditions, and behavioral expectations.

Should all employers have an employee handbook?

Without a handbook in place, a business potentially faces heightened liability risks. An employee handbook can be a valuable communication resource for both the employer and the employee.

Use it or lose it vacation policy California

California does not permit use it or lose it vacation policy. The employer must pay the employee at his or her final pay for all  earned and accrued and unused vacation days.

What is Premium Pay?

Premium pay is an employee’s hourly rate (straight time rate) and nondiscretionary wages such as hiring bonuses, performance bonuses, working holidays, overtime pay, missed rest breaks, or missed lunch breaks. 

Rights and Liabilities of LLC Members

All members have the right to obtain any information relating to the LLC. LLC members are not liable for an LLC’s debts or obligations. LLC members do not own the property of the LLC, and they may or may not manage the business and its affairs.

What is a Competing Company?

In business, a competitor is another business who can offer same or similar services or goods to your customers. For example, Pepsi and Coke are in contest between organizations that provide similar products or services or that target the same audience.

Business Contract Lawyer

Our business contract lawyers offer businesses free consultations for businesses throughout California, including Los Angeles, Orange County, and San Diego.

What is a Shareholder Derivative Action?

A shareholder derivative action is a lawsuit brought by one or more shareholders on behalf of a corporation against the corporation’s officer, director, or third parties who breached their duties to the company. The shareholder derivative actions allege that directors breached their fiduciary duties, either of care or of loyalty to the company. 

What is general counsel?

A general counsel is the chief in-house lawyer for a company or government agency. A general counsel is a company’s main attorney and primary source of legal advice.

Is it illegal to get paid under the table?

Yes – get paid under the table means paying wages to employees by cash, check, or other compensation with the intent to evade paying payroll taxes. In California, failure to report wages to any government agency is illegal.

California Wrongful Termination Statute of Limitations

The California statute of limitation for wrongful termination is 2 or 3 years, depending on why you were wrongfully terminated from your job. If the wrongful termination is based on contract, the statute of limitation is 4 years.

Prejudgment Interest in California

Prejudgment interest is the amount of interest the law provides to a plaintiff to compensate for the loss of the ability to use the funds. In California, prejudgment interest is also recoverable on tort damages and contract damages.

Equitable Estoppel California

The doctrine of equitable estoppel prevents a party in a civil lawsuit from making a legal claim or asserting a defense which is contrary to, or inconsistent with, prior statements or conduct.

When are shareholders entitled to shareholder distributions?

A shareholder distribution is a company’s payment of money, products, or cash to its shareholders. A shareholder distribution is a way to take money or property from your business. A shareholder distribution is generally taxed as a dividend to the shareholder.

Can a witness refuse to testify in a civil case?

No. A witness cannot simply refuse to testify. However, despite the court’s order to do so, witnesses sometimes refuse to testify. But there are exceptions to the rule that a witness must testify.

Contract Signed Under Duress

A contract signed under duress means someone forced you to sign a contract against your will. A contract is invalid if someone forces you to sign it.

What is Supplemental Pay?

Supplemental pay is additional payment an employer made to an employee in addition to the regular base pay.

What are Pretax Deductions?

A pre-tax deduction is any money subtracted from an employee’s gross paycheck before taxes are withheld. Pretax deductions may pay for the employee’s benefits, including money for retirement plans, life insurance, and health insurance.

What is a Federal Tax ID Number?

A federal tax ID number is also known as an Employer Identification Number (EIN) and is by businesses to open a bank account, hire employees, apply for business licenses and permits, and pay federal taxes.

What is hourly to salary?

Hourly to salary means converting an employee’s hourly pay to salary. To calculate hourly to salary, add the total hours an employee works per year, and multiply it by the employee’s hourly wage. For example: for an employee who is paid $20/hr and works 1500 hours, the hourly to salary conversion is:  1500 hours X $20 per hour = $30,000.

What is form 941 and where to mail it?

Form 941 is an employer’s quarterly federal tax return to report income taxes, medicare taxes, and social security taxes withheld from employees’ paychecks. If your company uses a payroll service like ADP, you may get the 941 form from ADP.

Duties of Receptionist in a Hotel

Two main responsibilities and duties of a hotel receptionist are: 1) Answer telephone calls to provide information, Here are some duties and responsibilities for a receptionist, and 2) Greet and receive walk-in guests.

What is an EDD Audit?

An EDD audit is a payroll tax audit to ensure that a company correctly classified workers as employees, wages made to employees are accurately reported, and protects workers’ rights to receive benefits.

LLC Attorney

Entrepreneurs can start an LLC by filing an LLC in California with the Secretary of State. Our attorneys help entrepreneurs in California with LLC formation. 

What is a Disciplinary Action?

Employer disciplinary action is a response by the employer to problems with unwanted employee behavior or poor performance. A disciplinary action is a reprimand or corrective action in response to employee’s poor performance, misconduct, or rule violation.

What is Employment Status?

Employment status means the rights and protections that employees are entitled to at work based on classification, e.g., full-time employment, part-time employment, temporary or contract employment.

What is a CP 575 Form?

A CP 575 EIN Confirmation Letter is a notice issued by the Internal Revenue Service (IRS) to confirm the unique Employer Identification Number (EIN) they have issued to a new business. The CP-575 is a notice from the IRS confirming that you have been granted an EIN (Employer Identification Number).

Questions for Performance Review

What are your proudest accomplishments this quarter? Why? What other goals have you achieved? How? What experience, project, or action are you most proud of since the last review?

What is a Business Operating Budget?

An operating budget is a detailed projection of what a company anticipates its revenue and expenses will be over a quarter or year. The operating budget is forecasted, or predicted, a financial statement of all the income and expenses it expects during a specified period.

What Does Basic Pay Mean?

Basic pay, also referred to as basic salary or base pay, means a fixed amount that an employer agrees to pay an employee in exchange for the employee’s time, services, and work. In other words, base pay is the hourly wage or monthly salary a company pays an employee for working.

Employee Development Plan – with examples

What is an employee development plan? An employee development plan is a collaborative, actionable list of steps that an employee completes to meet their desired growth plan

What is a Pay Stub?

A pay stub provides a record of an employee’s wages and helps them understand their taxes, contributions, and deductions. A pay stub is what an employer gives to employees with their paycheck, showing the gross pay, itemized deductions, and net pay amount.

Succession Planning

Succession planning is the process of identifying the critical positions within your company and developing action plans for successors and employees to assume those positions. Succession planning involves preparing potential leaders and high performers for possible future roles.

What is a Business Partnership?

The meaning of a business partnership is a legal relationship between two or more persons to share responsibility and profits of a business.

What is Retro Pay?

The meaning of retro pay is compensation added to an employee’s paycheck to make up for work performed that wasn’t paid in a previous pay period. Retro pay is unpaid wages an employer owes an employee from a previous pay period. 

What is a Floating Holiday?

A floating holiday is a flexible paid day off that employees can decide when to take. A floating holiday is a benefit some employers offer employees in addition to PTO or paid vacation.

What is an Employee Evaluation?

An employee evaluation is a method used by managers and human resource departments to review an employee’s performance during a set period of time.  An employee evaluation also provides employee feedback, identifies potential training and development, and provides a basis for promotion and pay raises.

What is a Contingent Worker Meaning?

Contingent workers are independent contractors who are people who lend their skills and expertise to a business on a project-by-project or short-term basis. A contingent worker is someone who works for an organization without being hired as their employee.

What is Bi-Weekly Pay?

A bi-weekly pay schedule is when employees are paid every other week on a specific day of the week. It is the most commonly used pay schedule by employers to deliver checks to its employees on the same day every other week.

I Got Audited by Unemployment

The payroll tax audit ensures workers are properly classifed, payments made to employees are properly reported, and protects workers’ rights to receive benefits. If you fail an EDD or California Labor Commissioner audit, your company could be liable to face penalties and interest on the owed taxes.

EDD Unemployment Fraud Penalties

Unemployment Insurance (UI) fraud is a misdemeanor punishable by law and violators may be sentenced up to one year in jail and a $1,000 fine. If the unemployment insurance fraud convictionis a felony, it’s punishable by 16 months, 2 or 3 years in a California state prison, and a fine up to $20,000.

What Does Employee Onboarding Mean in HR?

In human resources, onboarding is defined as the processes in which new hires are integrated into the organization. It includes activities such as integrating a new employee onto payroll, sexual harassment training, company policy, etc.

What are Formal and Informal Communication in Business?

Formal communication is communicating of official information about the business or workplace. Examples of formal communication are reports, business letters, purchase orders, while informal communication are often telephone or in person conversations.

Employee Relationship Management

Employee relations refers to the relationship between or among an employer and its employees. Employee relationship management refers to managing the relation between the various employees in an organization.

Who Are Millennials

Any person born between 1981 and 1996 (ages 27 to 42 in 2023) is considered a Millennial, and anyone born after 1997 are considered Generation Z.

What Triggers an EDD Audit?

Employee registry, employee benefits, and independent contractor filing for unemployment benefits can trigger an EDD audit. Typically an independent contractor filing for unemployment will trigger an EDD audit because an independent contractor is not eligible for unemployment benefits, so the worker’s claim triggers the EDD audit to look into the worker’s misclassification as an independent contractor.