It is time to post your new employment posters for the new laws for 2013. Here is the best, easiest, cheapest, and California focused way to do so:
http://www.calchamber.com/Store/Products/Pages/compliance-posters.aspx?PC=K2NE&cid=K2NE&sp_rid=MTU2NjQ0OTcxMzUS1&sp_mid=40772997&spMailingID=40772997&spUserID=MTU2NjQ0OTcxMzUS1&spJobID=172792031&spReportId=MTcyNzkyMDMxS0
Thursday, January 3, 2013
Wednesday, November 21, 2012
New Employment Laws in California
New employment laws could affect California businesses' day-to-day operations and company policies in 2013. Download CalChamber's white paper "An Overview of New 2013 Laws Affecting California Employers" from the link below for an overview of the changes in the law and how each of these California laws could affect your business.
http://www.calchamber.com/hr-california/Pages/new-laws-2013.aspx?
http://www.calchamber.com/hr-california/Pages/new-laws-2013.aspx?
Tuesday, August 7, 2012
Infinite Copyrights....
Here is an allegory that very simply and graphically describes the essence of copyrights and a defense to copyright infringement: "...An infinite number of monkeys typing out an infinite number of the same work will have an infinite number of copyrights for essentially the same work (provided the monkeys weren’t looking over each other’s shoulders)." Rick Sanders, August 1, 2012
Thursday, April 12, 2012
International Copyright Enforcement
The good news: Due to treaties, you can be fairly assured of protection for your copyrighted materials in foreign jurisdictions. The bad news: Enforcement by suit in foreign jurisdictions in foreign languages and under foreign laws is not exactly attractive. Fortunately, there are the following US enforcement tools:
First, you should place the copyright notice on all published materials, although not strictly necessary for protection of your copyright. Then, you should register the copyright with the USPTO to place the world on notice of your right to stop infringers who would otherwise act in good faith.
Second, expressly cover in any licensing agreements with foreigners your limits on copying and distribution of your copyrighted materials, especially including provisions that bind them to your US law and US courts.
Even without the above, you may file suit under US law in a US court, if your copyrighted materials are being imported into the US without permission. This also applies to copies of your copyrighted materials made outside the US and imported into the US. And, exporting your copyrighted materials from the US and selling same without your permission is unlawful under US law and you may sue in the US under US law.
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
First, you should place the copyright notice on all published materials, although not strictly necessary for protection of your copyright. Then, you should register the copyright with the USPTO to place the world on notice of your right to stop infringers who would otherwise act in good faith.
Second, expressly cover in any licensing agreements with foreigners your limits on copying and distribution of your copyrighted materials, especially including provisions that bind them to your US law and US courts.
Even without the above, you may file suit under US law in a US court, if your copyrighted materials are being imported into the US without permission. This also applies to copies of your copyrighted materials made outside the US and imported into the US. And, exporting your copyrighted materials from the US and selling same without your permission is unlawful under US law and you may sue in the US under US law.
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
Wednesday, March 21, 2012
Keep It Private!
Your business maintains personal information about its employees, vendors, customers, and other business partners. What personal information is varies from state to state. Generally, it is information that would identify an individual. Examples of such information include first name, initial, and last name, together with addresses, social security or drivers’ license numbers, and financial account numbers, such as credit card numbers.
The federal government has not adopted comprehensive federal privacy regulation, but instead focuses privacy regulations on particular classes of information, such as protection of children, healthcare privacy, and financial privacy rules. However, most states have adopted data breach legislation. Some states require information security protections and/or contractual protections for sharing information with others. As you might expect, there are current regulations of your data, particularly if you suffer a data breach.
Due to expanding privacy laws, you should protect personal information, as follows:
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
The federal government has not adopted comprehensive federal privacy regulation, but instead focuses privacy regulations on particular classes of information, such as protection of children, healthcare privacy, and financial privacy rules. However, most states have adopted data breach legislation. Some states require information security protections and/or contractual protections for sharing information with others. As you might expect, there are current regulations of your data, particularly if you suffer a data breach.
Due to expanding privacy laws, you should protect personal information, as follows:
- Determine what information you maintain and where it is kept.
- Determine when such information is shared with others.
- Consider whether each employee that has access to personal information needs such information to perform their jobs.
- Evaluate whether others need all of the information you are providing to them and whether they have appropriate security in place.
- Procure or update and maintain internal policies and procedures to protect such personal information.
- Procure or update and maintain a data breach response plan in accordance with the federal and state laws that apply to your business.
- Procure or update a privacy policy.
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
Wednesday, February 29, 2012
How to Do Complex Website Design Projects & Agreements
Complex website design projects are like home building projects, technically and contractually.
First, a sophisticated website owner will issue Requests for Proposals (RFPs) to at least 3 qualified website developers. Do reasonable due diligence and check references. I have seen more disastrous website projects due to not knowing who you are dealing with. Meet the people who will actually work on your website, not just the sales agent or president… before you sign the contract.
The Scope of Services (which should be in your RFP) is the most important provision, because each party needs to be comfortable that every item that is supposed to be in the project is listed as well as every item that is NOT supposed to be in the project. Most disputes occur over what the scope of the project is, oftentimes at the completion of the project.
The contract needs to include the following provisions among other standard provisions:
1) Representations and warranties of the developer expressing its experience, special talents, competence, necessary licenses, authority to sign contract, etc.
2) All work product needed to manipulate the website must be delivered to the website owner at completion in the event the developer becomes not available.
3) Stage payments following review and approval of test results for each major component (see next item) prior to payments and hold regular status meetings throughout the project. Pay developer’s out-of-pocket costs only as incurred and billed by developer.
4) Test in stages:
a) Alpha = Testing occurs in developer’s office.
b) Beta = Testing occurs online from your office.
c) Test on all popular & emerging platforms, including mobile platforms now.
d) All web development services should be designated as “work for hire,” which means that all website intellectual property should be transferred in total to you.
e) You should receive a nonexclusive, worldwide, perpetual, but not sub-licensable license to use the developer’s “tools and technology” for operating the website.
f) Allow credits to developer, if requested.
g) Confidentiality provisions, including prohibitions against using or disclosing your confidential and proprietary information, need to be in the contract.
Treat your website project as if you were building your home, albeit on a smaller scale, and you won’t go wrong.
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
First, a sophisticated website owner will issue Requests for Proposals (RFPs) to at least 3 qualified website developers. Do reasonable due diligence and check references. I have seen more disastrous website projects due to not knowing who you are dealing with. Meet the people who will actually work on your website, not just the sales agent or president… before you sign the contract.
The Scope of Services (which should be in your RFP) is the most important provision, because each party needs to be comfortable that every item that is supposed to be in the project is listed as well as every item that is NOT supposed to be in the project. Most disputes occur over what the scope of the project is, oftentimes at the completion of the project.
The contract needs to include the following provisions among other standard provisions:
1) Representations and warranties of the developer expressing its experience, special talents, competence, necessary licenses, authority to sign contract, etc.
2) All work product needed to manipulate the website must be delivered to the website owner at completion in the event the developer becomes not available.
3) Stage payments following review and approval of test results for each major component (see next item) prior to payments and hold regular status meetings throughout the project. Pay developer’s out-of-pocket costs only as incurred and billed by developer.
4) Test in stages:
a) Alpha = Testing occurs in developer’s office.
b) Beta = Testing occurs online from your office.
c) Test on all popular & emerging platforms, including mobile platforms now.
d) All web development services should be designated as “work for hire,” which means that all website intellectual property should be transferred in total to you.
e) You should receive a nonexclusive, worldwide, perpetual, but not sub-licensable license to use the developer’s “tools and technology” for operating the website.
f) Allow credits to developer, if requested.
g) Confidentiality provisions, including prohibitions against using or disclosing your confidential and proprietary information, need to be in the contract.
Treat your website project as if you were building your home, albeit on a smaller scale, and you won’t go wrong.
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
Thursday, February 2, 2012
Newly Hired Non Exempt Employee Notice Requirement
California employers are mystified by a new California law that just took effect that requires employers to provide newly hired non-exempt employees specified wage information. The California Labor Commissioner has published a notice for employers to use, and the notice purportedly contains all required information plus other information the Labor Commissioner deems “material and necessary.” This new notice is available free from the California Chamber of Commerce from:
http://www.calchamber.com/hrcalifornia/forms-tools/forms/Pages/WageandEmploymentNoticetoEmployees(LaborCodesection2810.5).aspx?CID=HRCENEWS&sp_rid=MTU2NjQ0OTcxMzUS1&sp_mid=38784408&spMailingID=38784408&spUserID=MTU2NjQ0OTcxMzUS1&spJobID=129095211&spReportId=MTI5MDk1MjExS0 does
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.
Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.
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