Oftentimes when people hear the words “restraining order,” they immediately think about a situation involving domestic violence. In reality, restraining orders are a tool that can be, and should be, used by individuals as well as businesses. California’s Code of Civil Procedure section 527.8 addresses this exact issue.
“(a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.” (Code of Civil Procedure section 527.8(a).)
People are frequently offered opportunities to participate in the latest trend, whether crossfit gyms, hot yoga studios, water powered jet packs, sensory deprivation tanks, and even speed dating. Along with the offer, however, is the usual requirement that they assume the risk of the activity and release the company from liability. The release is a contractual attempt to negate a party’s tort liability.
This article will define and describe the general release used in many of the recreational activities described above and explain and explore ways to avoid the release and assist you, in properly evaluating such agreements and the personal injury claims which implicate a release of liability.
We are frequently contacted by employers with questions regarding various employment issues. The following are some questions we have received regarding travel time, together with some responses. Realize that many employment issues are fact specific. The following questions and answers are not intended to be comprehensive but to give the reader some ways to think about the issues and some citations for further research. We strongly recommend that you consult with legal counsel about your specific situation.
In today’s world of business, there is an astonishing trend when it comes to long term relationships between employers and employees. According to the Bureau of Labor Statistics, “of jobs that workers began when they were 18 to 24 years of age, 69 percent of those jobs ended in less than a year and 93 percent ended in fewer than 5 years. Among jobs started by 40 to 48 year olds, 32 percent ended in less than a year and 69 percent ended in fewer than 5 years.” The reality of the situation is sometime in the near future, one of your employees will be leaving your company in favor of another company. As an employer, there are critical steps you must take in order to protect your interests.
As of January 1, 2012, there are two new subtypes of stock corporations in California: a Flexible Purpose Corporation and a Benefit Corporation. This article provides a brief overview of these corporation types.
WHAT IS A FLEXIBLE PURPOSE CORPORATION?
Purpose: A Flexible Purpose Corporation (FPC) is a for-profit corporation that may also pursue environmental or other public purpose objectives. Nonprofit corporations often prove inadequate for “social entrepreneurs” because the Internal Revenue Code and regulations severely restrict the for-profit activities of a nonprofit corporation, and the process of seeking tax-exempt status can be prohibitively lengthy. On the other hand, the two business forms available to for-profit entrepreneurs—the corporation and the limited liability company—have downsides when social objectives are combined with profit-making goals. These downsides are especially problematic when traditional investment capital is sought. A FPC integrates the “for profit” aspect of a traditional corporation and the charitable purpose of a non-profit corporation by allowing the corporation to have a flexible purpose which is stated in the articles of incorporation. Additionally, a flexible purpose corporation enables the board of directors to pursue a social object without the threat of a shareholders’ lawsuit for not maximizing profit.