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A company's trademarks may well be its most valuable assets. A business must guard against those who may seek to profit on the goodwill of those brands, whether intentionally or not.
A company's trademarks may well be its most valuable assets. A business must guard against those who may seek to profit on the goodwill of those brands, whether intentionally or not.
Brand protection begins with selecting a strong trademark that no one else is already using for the same or similar products or services. Then registering that mark helps the owner to shield against unauthorized use.
Not all chosen trademarks can be registered. Some marks are too similar to marks owned by others and used in the same field. Others are too generic or descriptive of products or services. For example, the US Patent and Trademark Office will reject an orchard owner's generic Apple trademark, but a computer company was able to register and protect that mark. A trademark attorney can advise whether a mark is a good candidate for USPTO registration.
A registered trademark owner must file with the USPTO every few years to maintain protections. Calendars are highly recommended.
Our firm is available to aid in every aspect of this process.
Take-Away:
Hire a qualified trademark attorney to help choose, register and maintain strong trademarks with the proper, timely USPTO filings.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Helena Kobrin
August 14, 2025
California requires employers to maintain accurate time records reflecting all hours worked, including start and end times of meal periods.Labor Code § 1174(d). InDonohue v. AMN Services, LLC(2021), the California Supreme Court held unequivocally:
California requires employers to maintain accurate time records reflecting all hours worked, including start and end times of meal periods. Labor Code § 1174(d). In Donohue v. AMN Services, LLC (2021), the California Supreme Court held unequivocally:
● Employers may not round worker time punches for off-duty meal periods;
● Rather, employers must record the actual start and end times of meal periods; and
● If time records fail to show compliant meal periods (missed, short, or late), employers face a rebuttable presumption of multiple Labor Code violations.
Even a few minutes' rounding is impermissible as meal period rights carry precise statutory thresholds, including a minimum 30-minute duration and start no later than the fifth full hour of work.
Compliance is not optional. Failure to create and preserve such records for at least three years creates management's presumed failure to provide the minimum 30-minute, off-duty meal periods to every employee, creating possible liability for as many as four years of operation. Those consequences include (a) class action liability for such multiple violations, including one hour of premium pay per day per employee; and (b) liability under Private Attorneys General Act of 2004 (PAGA) under a similar cascade of related violations.
Simple, inexpensive prevention measures can eliminate cash-mountains of necessary "cure" for such neglect. In one recent class action/PAGA action, with about 85 workers involved, analysis projected possible exposure of nearly $1,000,000 for management's entirely avoidable lack of such exact records.
Take-Aways: Apply compliance best practices, including:
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Tim Bowles
August 8, 2025
California employers must provide additional "reporting time pay" to non-exempt (hourly) employees who report for scheduled work but then are given less than half of their shift. The amount is at least two hours' and no more than four hours' pay at theregular rate. For a second reporting on the same workday, the employer must pay at least two additional hours at the regular rate.
California employers must provide additional "reporting time pay" to non-exempt (hourly) employees who report for scheduled work but then are given less than half of their shift. The amount is at least two hours' and no more than four hours' pay at the regular rate. For a second reporting on the same workday, the employer must pay at least two additional hours at the regular rate.
Reporting time pay compensates employees for their time and effort in showing up, protects them from unpredictable schedules and lost wages, and encourages employers to provide proper scheduling notice. These rules shift the financial risk of business fluctuations to employers and discourage unexpected reductions in workers' hours.
"Showing up" for work includes physically arriving at the workplace, logging in remotely, starting a driving route, or arriving at an offsite job location. Workers who call in to confirm their shift may also qualify as having reported, depending on employer requirements.
Employers must pay reporting time pay when they send a worker home early for reasons such as lack of work, unsatisfactory job performance, or a failure to wear a uniform, but not when an employee voluntarily leaves early for illness or personal reasons--the key distinction is who initiates the early departure. Other exceptions to reporting time pay include employees on paid standby status and situations caused by events outside the employer's control, such as emergencies, power outages, or threats to safety and property.
Reporting time pay illustrations
Scheduled ShiftHours Worked Before Sent HomeReporting Time Pay Owed (Total)Net Reporting Time Pay Owed (Additional)Explanation8 hours1 hour4 hours3 hoursPay at least half shift (4 hours); owe 3 hours more after 1 hour worked8 hours3 hours4 hours1 hourWorked less than half shift; owe 1 more hour6 hours1 hour3 hours2 hoursHalf shift = 3 hours; owe 2 more hours after 1 hour worked4 hours1 hour2 hours1 hourMinimum 2 hours; owe 1 hour more3 hours0 hours (no work given)2 hours2 hoursMinimum 2 hours reporting pay appliesAny shiftCalled back a second time; less than 2 hours worked upon return2 hoursUp to 2 hoursMinimum 2 hours owed for second reporting
Some California cities and counties, e.g. San Francisco, Los Angeles City and Los Angeles County, enforce "predictability pay" ordinances for designated large-scale industries that often require additional pay for last-minute schedule changes or cancellations and impose stricter rules than state law.
Take-Aways:
Employers should carefully track schedules, promptly notify workers of changes, and pay reporting time pay whenever required.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
August 7, 2025
California and federal labor laws are designed to protect employees from unlawful discrimination. California'sFair Employment and Housing Act(FEHA), signed into law in 1980 by then-Governor Jerry Brown, is the principal anti-discrimination law in California today.
California and federal labor laws are designed to protect employees from unlawful discrimination. California's Fair Employment and Housing Act (FEHA), signed into law in 1980 by then-Governor Jerry Brown, is the principal anti-discrimination law in California today.
The FEHA also established a policing agency, the Civil Rights Department (CRD). The department holds the power to investigate, mediate and prosecute discrimination complaints. Today, it is the largest civil rights agency among all fifty states.
California was not always known for its vigorous anti-discrimination efforts. In 1850, the new state legislature rescinded Native American claims on land and other rights of citizenship. African Americans were banned from homesteading public land, sending their children to public schools and using public transportation. In the 1920s and 30s, the sale or occupation of real property was restricted on the basis of race, ethnicity, religion and social class.
Anti-discrimination legislation was introduced in California in the mid-1940s and early 1950s, but failed to pass the state legislature. In 1959, however, the Fair Employment Practices Act and the Unruh Civil Rights Acts (named for its author, Jesse Unruh) were passed, barring discrimination in the workplace and declaring all Californians "free and equal."
The Fair Employment and Housing Act was amended in 1992 to reflect federal anti-discrimination laws. The amendment permitted actual damages, punitive damages and reasonable attorneys' fees to be awarded to the winners of discrimination lawsuits (except for lawsuits involving the State of California).
In 1993, the California Family Rights Act became law, granting "secure leave" rights to employees for the birth of a child, during placement of a child in the employee's home for adoption or foster care, for the serious health condition of the employee's child, parent or spouse, and for the employee's own serious health condition. The CRD was given responsibility for enforcing this.
In 2024, a CRD discrimination lawsuit against Microsoft Corporation settled for $14.425 million, the largest on record. The case alleged violations of the California Family Rights Act, (CFRA), California's Pregnancy Disability Leave law, Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act (ADA).
According to the CRD, Microsoft systematically disadvantaged employees who exercised their right to take protected leave. The department asserted that these employees received lower bonuses and unfavorable performance evaluations, negatively impacting their opportunities for merit-based pay increases, and career advancement. The lawsuit further alleged Microsoft failed to take adequate steps to prevent workplace discrimination, which affected the professional growth of women, individuals with disabilities, and other minority groups within the company.
Take-Away:
California is widely recognized as one of the most employee-friendly states, offering comprehensive workplace protections. Employers are strongly encouraged to stay informed about evolving anti-discrimination laws, implementing compliant workplace policies, and providing regular training on discrimination awareness and prevention.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Tim Bowles
August 1, 2025
California employers must meet strict deadlines for issuing final paychecks or facepenalties- up to 30 days of the employee's daily wage for each day of delay. The deadlines vary depending on termination or resignation.
California employers must meet strict deadlines for issuing final paychecks or face penalties - up to 30 days of the employee's daily wage for each day of delay. The deadlines vary depending on termination or resignation.
Final Pay After Termination or Layoff: When an employer terminates or lays off an employee without a specific return date, the employer must provide the final paycheck immediately at the place of employment. The payment must include all earned wages, accrued vacation, and any other compensation owed. Expense reimbursements may be paid on the regular schedule.
Final Pay for Voluntary Quit or Retirement: If an employee gives at least 72 hours' notice before quitting or retiring, the employer must issue the final paycheck on the last day of work. If the employee leaves without such advance notice, the employer must deliver final wages within 72 clock-hours of departure.
Mailing and Direct Deposit: If an employee quits without notice and requests the paycheck by mail to a designated address, payment is considered made on the date of mailing. Employers may use direct deposit for final pay, whether resignation or termination, if the employee consents and the employer deposits the funds on time.
Industry-Specific Exceptions: Certain industries, including seasonal agriculture, the motion picture industry, and oil drilling, may follow alternative final pay timelines.
Individual Liability: Individuals acting on the employer's behalf, i.e., owners, directors, officers, or managing agents, can be held personally liable for late wage payments.
Take-Aways:
California employers should comply with final pay rules to avoid unnecessary legal and financial exposure.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
July 25, 2025
California employers must follow complex state and local laws when managing employee time off. With proper planning, they can either separate mandatory sick leave from vacation or paid time off (PTO) or combine them into a single policy. Each approach carries specific legal obligations.
California employers must follow complex state and local laws when managing employee time off. With proper planning, they can either separate mandatory sick leave from vacation or paid time off (PTO) or combine them into a single policy. Each approach carries specific legal obligations.
Sick Leave:
California law requires employers to provide at least 40 hours (or five days) of paid sick leave annually, using one of two methods:
Employers must comply with any applicable local ordinances, e.g., Los Angeles, San Francisco, and provide the most generous applicable benefits.
Unused sick leave is not payable at separation unless it is part of a combined PTO plan.
Vacation:
California law doesn't require vacation time, but if offered, it is considered earned wages. Vacation benefit must accrue over time; lump sum is not permitted. Employers must pay out all accrued, unused vacation at separation and cannot impose "use-it-or-lose-it" rules. Employers must also provide separate paid sick leave benefits.
Combined PTO Policies:
Employers may combine vacation, sick leave, and personal time into one PTO bank. Benefits must accrue over time, cannot allow forfeiture, and must be paid out at separation. It must also comply with all aspects of paid sick leave law, including accrual tracking, usage rights, and recordkeeping requirements.
Pay Stub Requirements:
Employers must show available sick leave or combined PTO on each pay stub or via a separate notice each payday.
While regular pay stubs don't need to list vacation balances, the final pay stub must include any payout details.
Take-Aways:
Regularly review and update leave policies and payroll practices to stay compliant with changing laws. A well-structured, legally sound time-off policy can reduce costly errors and foster a positive workplace culture.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
July 17, 2025
Under SB1350, effective July 1, 2025, some domestic workers are now covered byCal/OSHAemployee protections.
Under SB 1350, effective July 1, 2025, some domestic workers are now covered by Cal/OSHA employee protections.
Previously, California's Occupational Safety and Health Act of 1973 excluded domestic workers from the health and safety protections afforded to workers generally. Now, however, employment "includes household domestic service performed on a permanent or temporary basis," subject to three major exceptions:
Cal/OSHA has put out FAQs to answer the many questions this new law raises. These include examples of covered workers, such as employees of homecare agencies and housecleaning companies, painters, pool servicers, roofers, and home construction workers.
Take-Away:
If a business employer supplies persons for domestic work, such as cooking, caregiving and cleaning, or if anyone, including a homeowner, hires providers of such services as domestic construction and other home maintenance and repair activities, then they need to check into and implement any Cal/OSHA requirements that apply.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Helena Kobrin
July 11, 2025
Cal/OSHArecentlyreminded employersof their obligation to prevent worker heat illness, outdoors and indoors. With temperatures rising into the 90s and 100s in some locations, such measures are necessary to prevent serious injury.
Cal/OSHA recently reminded employers of their obligation to prevent worker heat illness, outdoors and indoors. With temperatures rising into the 90s and 100s in some locations, such measures are necessary to prevent serious injury.
Heat illnesses are potentially fatal. The two most serious are: heat stroke (e.g., red, hot dry skin, high body temperature, muscle twitching, confusion, fainting, convulsions, unconsciousness); and heat exhaustion (e.g., dizziness, headache, sweaty skin, fast heartbeat, nausea, vomiting, weakness, and/or cramps). Heat rash and heat cramps can also occur.
Decency and concern for their employees should be sufficient to cause employers to take appropriately protective measures. If that is not enough, Cal/OSHA dictates employer duties to prevent heat illness with serious repercussions for non-compliance.
For outdoor areas, employers must take measures starting at 80° F, increasing to "high heat" precautions at 95°F for agriculture, construction, landscaping, oil and gas extraction, and loading and unloading of heavy industrial and commercial products.
Employers must protect outdoor and indoor workers with:
These protections and others are outlined in Cal/OSHA's Comparison of Indoor and Outdoor Heat Illness Prevention Standards chart, also showing where indoor and outdoor protections differ. Cal/OSHA also provides heat illness prevention training materials such as its Heat Illness Prevention tool and its Indoor Heat Illness FAQs.
Take-Away:
Employers must take heat illness prevention obligations seriously, ensuring they provide such protections to all employees and supervisors working in high heat conditions.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Helena Kobrin
July 3, 2025
California's Civil Rights Department has released the new "Survivors of Violence and Family Members of Victims Rights to Leave and Accommodations" pamphletas required by Assembly Bill (AB)2499.
California's Civil Rights Department has released the new "Survivors of Violence and Family Members of Victims Rights to Leave and Accommodations" pamphlet as required by Assembly Bill (AB) 2499.
Starting January 1, 2025, AB 2499 strengthens protections for employees affected by qualifying acts of violence, such as domestic violence, sexual assault, stalking, and other violent threats or acts. Employers must provide protected leave, reasonable accommodation, and prohibit retaliation against those asserting these rights.
The pamphlet, available in 15 languages, outlines employees' rights to leave, confidentiality, workplace accommodation, potential wage replacement benefits, and protection from retaliation and discrimination when they or their family members are victims of certain crimes.
Employers must distribute the pamphlet:
Take Aways:
Employers should promptly distribute this pamphlet to all workers and keep workplace policies updated.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
July 3, 2025