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What Is a “Joint Work” And Who Owns Its Copyright?

A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.  See 17 U.S.C. § 101.A collaborative effort is only classified as a joint work if each author made independently copyrightable contributions to the work, and if the…

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Does the Creator of a Copyrighted Work Always Own the Copyright?
February 3, 2017 | Firm News,Intellectual Property

A copyright is perhaps the greatest legal method of ensuring that you will receive credit for the work you created. A copyright is the legal term used for the rights given to the owner to reproduce, distribute, display, and create adaptations of a protected work. A few types of works that can be protected by…

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What is the difference between “Disparate Treatment” and “Disparate Impact”?
February 3, 2017 | Discrimination,Firm News

The California Fair Employment and Housing Act (FEHA) prohibits discrimination against applicants and employees for a variety of protected classes including, but not limited to: age, race, sex, gender identity, and marital status (See blog entitled “What is FEHA” for more details). Discrimination in the workplace can fall under the two categories of disparate treatment…

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What is the Fair Employment Housing Act (FEHA) and What Does it Cover?
December 9, 2016 | Employment Litigation,Firm News

The Fair Employment and Housing Act (FEHA) is the primary California law that prohibits employment discrimination, harassment, and retaliation in the workplace for a variety of protected categories.  For example, employer are not allowed to treat and employee differently based on the employee’s age (40 and over), ancestry, color, religion, disability, marital status, national origin,…

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What Rights Do Transgender People Have in the Workplace?
December 9, 2016 | Employment Litigation,Firm News

The California Fair Employment and Housing Act (“FEHA”) sets out the rules that protect employees from discrimination, harassment, and retaliation by their employer. One categorical group that is covered under this Act is gender, gender identity, and gender expression.  Gender identity refers to the gender with which a person identifies.  It is essentially internal and…

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Does An Employer Have A Duty To Accommodate An Employee Based On The Disability Of His Family Members?

There is no question that under federal and California employment laws, employers are prohibited from discriminating against employees with disabilities.  In fact, employers have an affirmative obligation to take reasonable steps to accommodate the needs of an employee with a disability so that the disabled employee can do his job. The law has been less…

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New Regulations Implemented for Constructing Employment Policies Against Harassment and Discrimination
October 25, 2016 | Discrimination,Firm News

As of April 1, 2016, the California Fair Employment and Housing Council has implemented new regulations for constructing employment policies against harassment and discrimination in the workplace.  Any employer with five or more employees is required by law to have a written policy against harassment and discrimination in the workplace, and there are certain requirements…

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How Much Break Time Does My Employer Have to Give Me?
October 13, 2016 | Employment Litigation,Firm News

I recently asked my 6 year-old niece what was her favorite subject in school and she replied:  “Recess.”  Certainly, that is true for most 6 year-olds.  The same likely is the case for working adults. Research shows that taking breaks during work is important for mental health and concentration, and that taking breaks actually prevents employees from getting…

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Does “Sexual Harassment” Need to be Driven by Sexual Desires?
August 16, 2016 | Firm News,Sexual Harassment

When we hear the term “sexual harassment”, many of us tend to think about a situation where someone is exposed to unwanted, harassing conduct. We also tend to think of this conduct as sexually driven, whether it is through inappropriate touching or sexually explicit comments. This limited understanding of sexual harassment prevents us from recognizing…

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Can I be discriminated against because of my criminal record?
April 12, 2016 | Discrimination,Firm News

With the spotlight today on rehabilitation programs in prison, and programs to ease the transition back into society, it is no wonder that the law is evolving to protect those who have been previously in trouble with the law. Those with criminal records already face an uphill battle if they are applying for jobs. Surveys…

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