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.
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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.
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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.
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MEAL AND REST PERIODS FOR NONEXEMPT EMPLOYEES
Our small and medium size business clients often have questions relating to their employment practices. When relevant California or Federal laws change or are clarified, we want our clients to be informed.
A recent California case brought some clarity in the areas of meal and rest periods. (Brinker Restaurant Corp. v. Superior Court L 1216356, 14 -24 (Cal., 2012).
SUMMARY PRACTICE POINTS:
1. Bona fide relief from duty and the relinquishing of control satisfies the employer's meal break obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay under applicable law. In other words, the employer is not obligated to police meal breaks and ensure no work thereafter is performed. Of course, an employer may not undermine a formal policy of providing meal breaks by pressuring employees to perform their duties in ways that omit breaks.
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Over the years we have handled various trademark issues and, therefore, thought it might be helpful to share some trademark fundamentals.
1. What is a trademark?
A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another. (15 U.S.C. section 1127). For example, the trademark "Nike," along with the Nike "swoosh," identify the shoes made by Nike and distinguish them from shoes made by other companies (e.g. Reebok or Adidas). Similarly, the trademark "Coca-Cola" distinguishes the brown-colored soda water of one particular manufacturer from the brown-colored soda of another (e.g. Pepsi). When such marks are used to identify services (e.g. "Jiffy Lube") rather than products, they are called service marks, although they are generally treated just the same as trademarks.
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