Archives for Business Law

Harris v. Quinn — What happened and what are the implications?

Why we care: As a firm dedicated to upholding the value of free speech, particularly in the context of labor and politics, we  feel it is important our readers have an unbiased understanding of Harris v. Quinn.  In theory, unions are working to improve the employment conditions of members and nonmembers alike.  All union members, and until now, all nonunion members paid an agency-fee provision. Unions often use the money to support certain candidates or legislation.  The complication is that not everyone paying the fee supports the same policies, so some employees end up funding groups they do not approve
Read More

Workplace Grooming Policies vs. the Civil Rights Act (Title VII)

The Equal Opportunity Employment Commission (EEOC) has been shinning a light on companies who are not making dress code accommodations for religious reasons. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The rules of Title VII are complex but it appears that the precedent is becoming no matter what your policy is on tattoos, piercings, long hair, head scarves, etc. may need to modify for protected groups, especially religious groups. Recently an Oklahoma jury awarded $20,000 to an applicant of Abercrombie & Fitch (EEOC v. Abercrombie & Fitch Stores, Inc., Case No. 09-CV-602-GKF-FHM). She
Read More

So Who Owns My Twitter Followers?

Social media is the wave of the now and future for promotions of products, services, and news. So who owns your Twitter followers, your Facebook fans, etc. A case pending in the Northern District Court of California, PhoneDog, LLC v. Kravitz will hopefully clarify it for us. This situation is an employee as part of his job for started a Twitter account to provide mobile phone reviews. He collected over 17,000 Twitter followers. When he left the company he changed the name on the account and continued to use it for his own use. PhoneDog claims that the Twitter followers
Read More

Good News for California Employers

Finally, in a California Supreme Court ruling, California employers get a break. This ruling clarifies meal and break requirements in in the restaurant industry. The ruling in the class action lawsuit against Brinker Restaurant Corp. states that they must make meal and break periods available during certain types of shifts and keep records that these times are available but they do not need to ensure that the workers actually take the mandated break. In this ruling the opinion states , the court declared the law to be precisely what employees and employers have always thought: it is the employee’s choice
Read More

Business Law

Baric & Tran provides an extensive range of services to assist businesses in their operations. Our experienced legal counsel is crucial in establishing new business entities, negotiating contracts, and preparing buy/sell agreements. We work with many clients from the inception of their business, providing assistance in general business planning and the maintenance of the entity. The Firm services encompass all aspects of general business counseling and representation. The involvement of our highly experienced legal counsel is a key step in ensuring the successful completion of our client’s business transactions. Business formation and structuring (Corporations, Limited Liability Companies, General Partnerships, Limited
Read More

Baric & Associates E-Newsletter: We Got an Upgrade

This week’s E-Newsletter features a brand new layout. What do you think? We discuss a bill that would raise penalties against sex offenders, update you on the outcome of that lawsuit against L.A. Superior Court closures, and give you a report on the drought and its implications in the coming months. Take a look. Like what you see? Subscribe to our mailing list to get our e-newsletter directly (and conveniently) to your inbox.  
Read More