There are a number of benefits to registering a trademark and these are generally different from those of registering a copyright. They include preventative protection from “copycats” as well as legal rights for the trademark owner that would not exist absent a trademark registration. Since a trademark is a visible symbol of your product or…
In an ethnically diverse state such as California, many workplaces employ individuals who speak a language other than English. While employers in California are clearly prohibited from discriminating against employees on the basis of the employee’s race or national origin, the law is less clear when it comes to workplace rules regarding language. So, is…
With the growing number of businesses who do not report correct information regarding their employees and revenues, wage theft in California has become rampant. Wage theft is any type of deliberate underpayment to an employee by an employer of wages legally entitled to an employee. This can occur when employees are not paid for the…
Pregnancy is a protected trait under the Fair Employment and Housing Act (“FEHA”). This means that you have pregnant employee rights and an employer may not discriminate against you due to your pregnancy. You cannot be fired because of taking a leave from your job due to pregnancy. In addition, you may be entitled to certain benefits while…
Employers Generally Cannot Withhold Payment From An Employee’s Paycheck. One of the questions that our employment lawyers receive most often from our employment law clients is whether an employer is permitted to deduct from an employee’s check any amount that the employee owes the employer. As a general matter, the employer has very limited rights…
A domain name can qualify as a trademark when it is used in connection with a website that offers services to the public. A question that our Los Angeles intellectual property lawyers commonly address is whether a website name can be a trademark. A domain name can qualify as a trademark when it is used…
Here is a situation every employee dreads: you are wrongfully accused of workplace misconduct such as sexual harassment or discrimination by a subordinate at work and your boss tells you that your job is on the line if you don’t fully cooperate in the company’s investigation. You may feel betrayed, frustrated and unwilling to oblige…
Employees And Independent Contractors Are Very Distinct And Different From Each Other In an effort to save money and the headaches ordinarily associated with employing someone, some employers treat their employees as independent contractors. Such business practices could expose a business to penalties, damages, and other liabilities. In evaluating whether a relationship is one of…
SLAPP Motions Are Effective Ways to Dispose of A Frivolous Case Without Having to Go Through Trial The term SLAPP is an acronym for Strategic Lawsuits Against Public Participation. A SLAPP motion refers to a “special motion to strike” under the anti-SLAPP statute that seeks to dismiss a civil lawsuit at an early stage in…
The Implications of an Anti-Fraternization Policies As Applied to Non-Supervising Coworkers Since the decision of the California Court of Appeals in Barbee v. Household Automotive Finance Corp., 113 Cal. App. 4th 525 (2003), employers have been assured that anti-fraternization policies which prohibit sexual and/or romantic relationships amongst supervisors and subordinates are enforceable. What has been…