Shulman Bastian LLP

Contract Disputes Archives

On the Seventh Day Thou Shalt Rest - California Supreme Court Clarifies Labor Code's "One Day's Rest in Seven" Requirement

The California Supreme Court recently issued Mendoza v. Nordstrom, Inc., 2 Cal.5th 1074 (2017), clarifying California Labor Code §§ 551 and 552's requirements that an employee is entitled to one day of rest in seven and that an employer shall not cause an employee to work more than six days in seven.

Exceptions to the Warn Act - Federal and California

The Worker Adjustment and Retraining Notification Act ("WARN") requires employers to provide its employees with 60-day notice before the employer (i) orders the closing of a plant involving 50 or more employees during a 30-day period, (ii) lays off 50 to 499 full-time employees constituting at least 33% of the full-time workforce at a single site of employment within a 30-day period, or (iii) lays off 500 or more employees.

Subway's struggles may have began before Jared's scandal

The news about former Subway pitchman Jared Fogle pleading guilty to federal child pornography and teen sex charges may have affected the food chain’s brand right now, but there are signs that the company was experiencing difficulties long before the bombshell dropped last week.

Should you let your teen run your social media campaign?

What has become pretty clear as many messages are disseminated over Twitter, Facebook and Instagram is that social media marketing can be just as important as traditional marketing methods. Since creating (and maintaining) a brand is important to the growth of a small business, driving traffic and interest is of the utmost importance.

What should be in an employee's proprietary agreement

The essence of creating and nurturing a small business is to make the most out of your ideas and constantly innovating to make your way in the marketplace. Of course, this cannot be done by yourself. In many situations, employees must be hired to handle a number of tasks, whether it be technical maintenance, analysis or even client management.

How can my business be remedied after a breach of contract?

Back in February, we discussed a business' next steps after a party it has contracted with breaches that contract. One of the things we mentioned was that there are several possible remedies an allegedly wronged business can seek, specifically referring to damages.

Toshiba sued by Tessera for alleged breach of contract

If your tech business licenses your products and intellectual property to another company, then you need someone on your side -- an intellectual property lawyer -- to monitor the arrangement and protect your interests. In some cases, businesses start out with a good agreement that lasts for years, but somewhere along the line one party stops honoring the contract in full.

Pros and cons of the '1099 economy'

If you've been keeping up with business news, then you're probably aware of the rise of on-demand companies that provide anything from in-home massages to grocery delivery. Some people have called the phenomenon the "1099 economy" because most of these services are provided by independent contractors -- not company employees -- and a company fills out a 1099 MISC form when it hires a contractor.

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