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What is AB 2754?
Update: AB 2754 was signed into law on September 27, 2024. What is AB 2754? AB 2754 is newly passed legislation that, if signed by Governor Gavin Newsom, would impact employment contracts and agreements in the port drayage motor carrier’s industry. This new law builds on existing law that prohibits a person or entity from […]
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What is PAGA?
PAGA, or the Private Attorneys General Act, was created in 2004 by the California Legislature to allow employees to file lawsuits on behalf of the state for Labor Code violations and then share in the proceeds. It also allowed for an award of attorneys’ fees to the employee’s lawyers. While this gave agency to wronged […]
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You might need to file your BOI according to the Corporate Transparency Act.
You might need to file reports revealing the ownership and management of your business if your revenue is under $5 million before January 1, 2025 according to the Corporate Transparency Act. What is the Corporate Transparency Act? The Corporate Transparency Act (CTA) is a new law designed to combat illicit activity such as tax fraud, […]
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The acquisition of American Pacific Forwarders
American Pacific Forwarders (APF) Founded nearly 50 years ago, American Pacific has been a stalwart in the California drayage industry. American Pacific has built a strong reputation in domestic rail and international harbor drayage, regional truckload services, and dedicated distribution. The company was headquartered in Chino and also operated in Calexico, Commerce, Lompoc, and San […]
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Larson & Gaston, LLP, secures highest-ever share of $857 million copyright royalty pool for client in copyright royalties case victory.
Larson & Gaston, LLP, a prominent Pasadena law firm serving primarily California-based businesses, achieved a major victory, nearly tripling the Canadian Claimants Group’s (CCG) share of a $857 million dollar royalty pool from 5.5% to 15.8%. This triumph, by Larson & Gaston attorneys Victor J. Cosentino and Michelle Moy, and L. Kendall Satterfield of Washington, D.C., marks a significant […]
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Larson & Gaston, LLP, celebrates 25 years as a Pasadena law firm dedicated to serving Southern California businesses
Since 2000, Larson & Gaston, LLP, has championed Southern California businesses by defending them against claims, lawsuits, and the challenging complexities of the ever-changing legal landscape. In 2024 they celebrate their 25th anniversary by reflecting on the work they’ve done in employment law, transportation law, insurance law, business and real estate law, construction law, and […]
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Senate Bill 553 requires California businesses to create a violence prevention plan
Effective July 1, 2024, Senate Bill 553 will require many California businesses to create a violence prevention plan and implement employee training programs. Who needs to comply? This applies to businesses with 10 or more employees and workplaces accessible to the public (such as retail stores or coffee shops). Exempt businesses include small workspaces with […]
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The FMCSA clarifies the scope of safety regulation exemptions during emergencies
What is the FMCSA final rule? The new final rule from the Federal Motor Carrier Safety Administration (FMCSA) updated their emergency rule to specify which safety regulations can be exempt. Emergencies are now more narrowly defined, including what constitutes an emergency and under what circumstances, so road safety can be maintained while truck drivers provide […]
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Trucking’s challenge to AB5 was not successful. Review your driver classification compliance now.
On Friday, March 15th, a California judge ruled against exempting trucking companies from AB5. This law makes it very difficult for motor carriers to hire independent contractors as truck drivers and essentially requires companies to hire them as full-time employees. Since January 2020, AB5 has made classifying workers as independent contractors difficult. However, the trucking […]
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New federal law makes it easier to sue companies for misclassification
The federal government recently implemented a new final rule for worker misclassification that might make it easier for truck drivers classified as independent contractors to sue the businesses that hired them. What is employee misclassification? Employee misclassification occurs when a company has a worker fill out paperwork as though they were an independent contractor when […]
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Senate Bill 616 – Are you compliant with the new sick leave laws?
What is Senate Bill 616? When it became law, Senate Bill 616 amended the Healthy Workplaces, Healthy Families Act of 2014 in California, specifically in how paid sick days are granted to employees. By the 120th day of employment, new employees must receive at least 24 hours of paid sick leave or PTO. By day […]
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Navigating Compliance: 6 Must-Dos for Trucking Companies
Success in the trucking industry doesn’t only require a solid fleet and reliable drivers; it also demands adherence to a complex web of regulations. Failing to comply with the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulations can lead to a rocky path filled with fines, loss of operating authority, […]
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California continues to stamp out non-competes: SB 699 and AB 1076
What is Senate Bill 699? California is expanding its longstanding prohibition on noncompete agreements in 2024. Effective Jan. 1, 2024, Senate Bill 699 prohibits employers from entering into noncompete agreements regardless of where and when the agreement was signed. AB 1076 creates a new notice requirement for employers. In other words, even if an employee—current […]
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Skimping on legal services can be the most expensive mistake you make
Free or cheap online legal resources can cost you—and the price isn’t just monetary. Business owners beware: What seems like a quick shortcut could steer you into legal headaches and financial pitfalls. We’ve seen it over and over. People who cut corners on legal counsel are gambling in a space where the house always wins. […]
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The Perils of a Successful Business
Incredible growth and revenue in a business might sound like good news, right? However, as your company grows, so do your liability and legal risk. Growth presents a new set of challenges that leave your business vulnerable to lawsuits, issues with compliance, and unexpected corporate complexity. As your business grows, the issues and opportunities you […]
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What health issues can the DOT disqualify commercial vehicle drivers?
One qualification of having a commercial driver’s license is being able to pass a physical exam. Because of the massive size and weight of commercial vehicles, it’s critical that these drivers can operate their rigs safely. The Department of Transportation physical is critically important for anyone who makes a living as a commercial driver. Some medical […]
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How vicarious liability can impact commercial transportation firms
Semi-truck collisions can be incredibly expensive for everyone involved. Crash victims could face severe injuries and property damage losses. A commercial driver could be at risk of injury and possibly the loss of their commercial driver’s license. Their employer could also have some degree of liability for the wreck in question. Discussions about transportation company […]
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What is Actual Knowledge?
Truck drivers are never supposed to operate their vehicles while under the influence of controlled substances or alcohol. If an employer has actual knowledge that this has occurred, the driver should not be allowed to work in that condition. But what does “actual knowledge” mean? This definition can be very important if there are accusations […]
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DOT regulations – when do you need a medical certificate?
Driving a commercial vehicle comes with more responsibilities and regulations than personal vehicles. This includes requiring some commercial drivers to obtain a Department of Transportation (DOT) medical certificate. Part of DOT regulations is a certification process that is a safeguard to ensure that drivers are physically and mentally fit to operate commercial vehicles safely. But […]
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3 worker behaviors transportation companies can penalize
Transportation companies assume a lot of risk with every load that one of their drivers transports. A late delivery could result in a lower payment from a disappointed client. A violation of any of the numerous transportation laws could lead to fines against the business and possibly a driver becoming ineligible to haul loads for […]
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Could a truck driver’s health issues lead to a preventable crash?
Successful transportation companies have to balance efficiency and profitability with safety. The desire to prevent collisions comes not just from concerns about a company’s reputation but also the financial responsibility the business would likely have for any crash caused by one of its drivers. Proper training for drivers is important, as is adequate maintenance of […]
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When can one company enforce trademark rights against another?
A business’s brand can draw consumers in or potentially alienate them. Organizations often invest huge amounts of money to develop a brand and market to consumers. A company’s logo or trademarked image can play an important role in setting it apart from the competition. Unfortunately, simply registering a trademark does not automatically protect a business […]
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Why do you need a partnership agreement?
A partnership agreement is crucial if you’re starting a business with someone else. You need a contract that defines this new relationship and the company. However, this is a step that many people skip, simply deciding that they trust their new business partner and they don’t need to have it in writing. This is a […]
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What are the limits on utilizing long combination vehicles?
Many commercial transportation companies operate with relatively small profit margins. After providing a competitive wage for their workers, investing in vehicle maintenance and paying for other operating expenses, they may have very little left over to pay out as dividends to shareholders or as profits to a business owner. Those who own or operate trucking […]
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Why does your website need a terms of service agreement?
Your website is your company’s window to the world – and, in today’s business environment, it’s arguably more important than any brick-and-mortar storefront might ever be. That means that you need to make sure that you protect it (and everything on it). One of the best tools at your disposal is a terms of service (TOS) […]
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FMCSA to consider waivers to trucker break requirements
In recent years, the Federal Motor Carrier Safety Association (FMCSA) has overruled two attempts by individual states to impose stricter rules regarding rests and breaks on drivers passing through their territory. That may be about to change. The FMCSA recently announced that it will consider giving waivers when a state requests it. California and Washington […]
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3 times workers could try to pursue a claim over unpaid wages
Employers in California must carefully abide by both federal and state wage rules. Federal rules include requirements to maintain certain payroll records even after someone leaves a company, as well as minimum pay standards and overtime pay requirements. Several California laws expand on those federal rules, meaning that business is operating in California may be […]
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How to protect your trade secrets
To stand out from the competition, your business needs to be unique. This is where intellectual property comes in. Trade secrets are an important part of intellectual property. They relate to unique methods, practices, designs and processes. If your trade secrets fall into the wrong hands, then years of hard work can be undone. The […]
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2 types of semi-truck safety gear that are worth upgrading
Cost management is a key component of operating a successful transportation business. After factoring in maintenance, wages and fuel expenses, some transportation companies may have relatively small profit margins. Keeping vehicle maintenance costs as low as possible is also important, although obviously maintaining a fleet and top operating condition is also crucial for safety and […]
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What do business owners need to know about AI’s effect on IP?
As a business owner, it’s crucial to protect your intellectual property (IP). You must also ensure you do not infringe on anyone else’s IP rights, as doing so could prove expensive. The development of artificial intelligence (AI) systems has made this even more challenging. Here’s why: AI learns from existing information AI doesn’t just pluck things out […]
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How to protect your company website
Offering goods and services for a competitive price is the cornerstone of any business. This has always been the case, even before the development of the Internet. However, there is no denying that the online realm has changed the way that most businesses operate. In fact, some studies indicate that over 25% of all business activities are […]
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2 ways new technology can benefit a trucking business
Embracing new technology in your trucking can be difficult and expensive. It might be hard to see how it will benefit you and why you need to invest. After all, things are just fine the way you’ve been doing them right? With so much new technology and the advancements of AI on the market, it […]
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Will speed limiters soon be a requirement on semi-trucks?
Both legal compliance and fleet maintenance are crucial for the financial success of a commercial transportation company. There are many federal laws that apply to commercial transportation companies, and the owners and executives operating these businesses must do their best to adhere to those regulations. Of course, federal requirements for semi-trucks and their drivers frequently […]
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Hours of service compliance benefits trucking companies
The trucking world has unique challenges and regulations, including the Hours of Service limits. Designed to ensure safety on the road, these regulations stipulate the maximum amount of time drivers are permitted to operate commercial vehicles, mitigating the risks of fatigue-related accidents. Trucking companies can use various methods and tools to adhere to these rules. […]
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How costly are ELD violations for trucking companies?
The electronic logging device (ELD) installed in a commercial truck creates a thorough record of when a driver is at the wheel and how long they have been working during a shift. The transition away from physical log books occurred in part because of how easy it was for drivers to alter them or even […]
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Federal lawmakers could soon vote to improve semi-truck parking
Although commercial vehicles represent a significant portion of the traffic on modern roads, much of the infrastructure in the United States doesn’t adequately support these large vehicles. For example, there are many rural routes and old, two-lane bridges not rated to handle the weight of commercial vehicles. There is also often a dearth of adequate […]
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Why being proactive about trademarks can make or break a company
Being proactive about trademark protection can have a significant impact on the success and longevity of a company. Trademarks are vital assets that distinguish a business from its competitors and build brand recognition among consumers. There are, ultimately, several reasons why being proactive about trademark protection can make or break a company. As a result, business owners […]
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How to protect your brand from “brandalism”
Brandalism is a term used to describe the intentional defacement or alteration of a brand’s logo, tagline or other visual identity elements. This can be done in many ways, such as graffiti, unauthorized use of a brand’s logo or parody ads that mock or satirize a company’s marketing campaigns. Brandalism can damage a brand’s reputation, […]
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Could a side underride mandate be imminent?
For years, the Federal Motor Carrier Safety Administration (FMCSA) has mandated the installation of rear underride guards as a means of protecting the public from catastrophic collisions with commercial vehicles. Rear underride guards help protect motorists who accidentally strike the back end of a commercial trailer. By contrast, side underride guards serve as a way […]
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What to know about filing a provisional patent
Filing a provisional patent can be an important step for inventors or businesses that want to protect their invention or product without immediately incurring the costs of a full patent application. A provisional patent application is a temporary application that can provide you with some protection while you develop your invention or gather the necessary resources to […]
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What should you include in an employment agreement?
As a business owner, you want to ensure that your employees are well taken care of and that everyone is on the same page regarding their job responsibilities. To ensure this, creating an employment agreement is crucial. An employment agreement outlines the terms of the employee’s role and rights, such as duties and wages. It should […]
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2 important considerations regarding background checks when hiring
Hiring new drivers means accepting a certain degree of risk and potential liability, as any new employee could make major mistakes on the job. Some people have a history of making mistakes that could impact their reliability or overall safety at the wheel. A proper background check is crucial to making informed choices about whom […]
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Can your company slogan be protected?
The corporate world is competitive and your business is always looking for ways to get ahead and stay ahead. You have fair prices, quality goods and services and an honest reputation. This makes you a favorite among people within your community. Nonetheless, you are always looking to expand and you and your team have recently […]
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4 tips for keeping your trucking company safe
Due to their size, weight and the load they carry, trucks can cause accidents. For this reason, the Federal Motor Carrier Safety Administration (FMCSA) develops data-driven regulations and educates motor carriers on safety measures to reduce accidents, injuries and fatalities involving trucks. Nonetheless, you should also ensure that your company is safe. Here are four tips that […]
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How to prepare for an upcoming DOT audit
If you employ CMD drivers that you move property or passengers, drive a vehicle with a gross vehicle weight rating over 10,000 pounds and follow the set FMCSA regulations, you know DOT audits are part of the landscape. While this is true, they can still be stressful. After all, failing this audit may cause issues […]
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2 causes of unpaid overtime claims
As an employer and business owner, you must follow federal and state employment laws. By failing to comply with these laws, your business could face many legal and financial repercussions. For example, your employees likely have the right to overtime pay, which increases to one and one-half of what you already pay them. You likely don’t […]
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Do you need a reason to terminate an employee?
If you inform one of your employees that you are firing them and the following day will be their final one with the company, they may be frustrated. They may claim that you need to have a reason or that you need to give them advance warning. But is any of this true? California is […]
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Setting a safety standard for the trucking industry
If you work in the trucking industry, you already know you must follow the rules set by the FMCSA (Federal Motor Carrier Safety Administration). These rules were created to keep everyone on the roads safe. One of the most discussed requirements is abiding by the FMCSA hours of service (HOS) regulations. Understanding the HOS The HOS sets […]
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2 kinds of cameras that can help protect transportation companies
Most specialized safety equipment utilized by commercial transportation companies is necessary to comply with federal law. You need to have federally-compliant underride guards on all of the trailers your company uses, for example. Electronic logging devices (ELDs) are another example of safety equipment that companies must install in their fleet vehicles to comply with federal law. There […]
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Why your logo is worth protecting
There are very few markets that remain untapped. This doesn’t mean you cannot succeed in your chosen sector, but it does mean that you need to stand out from the crowd. One of the most simple, yet effective, ways to do this is through your logo. A logo may not sound like a big deal, […]
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California’s pay transparency law took effect Jan. 1
Being a responsible California employer means keeping up with a steady stream of new laws – most enacted to protect the rights of employees. By staying in compliance with these laws, you can help protect your business from costly and time-consuming litigation. An important new law took effect Jan. 1 of the new year. It […]
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What the FMCSA just decided about hair tests
Substance abuse disorders are a major safety concern for motor carrier companies. Workers who drink or use drugs are often not forthcoming about those habits and could easily cause expensive crashes while on the job. Transportation businesses may end up facing large insurance claims or sometimes even civil lawsuits if one of their drivers comes […]
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What should you include in a non-disclosure agreement (NDA)?
Businesses use Non-Disclosure Agreements (NDAs) to protect confidential and important information from landing in the wrong hands. Basically, an NDA establishes how two parties (like employers and employees or business partners) will interact with the confidential information. However, for an NDA to be enforceable, it must contain certain elements. Besides naming the parties involved, here […]
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Protecting your company against a claim of age discrimination
After looking at your employees, you made the decision to let some of them go. You probably did not even think of this, but the age span of every worker laid off was a broad one. Some were in their thirties and one or two were in their fifties and sixties. You are reading a […]
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Protect your intellectual property with these simple methods
An original idea, invention or trade secret can set your business apart, increase its value and give it a competitive edge. However, as your market competition grows, so does the risk of intellectual property (IP) theft. Basically, intellectual property theft happens when your business’ crucial information, ideas, inventions, patents, trademarks and other intellectual property is […]
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Non-solicitation agreements can protect your client list
It could take years of networking and relationship-building to create a client list that never fails you. You have a roster of businesses or individuals that want the services or goods that your company has to provide, and these same clients have consistently patronized your business for years. It is only natural to want to […]
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Common reasons why insurance companies deny car accident claims
People who are hurt in a car accident often must figure out how to pursue the liable party for damages and part of this involves dealing with the insurance company. While you might think that you have a valid claim, it is not uncommon for car insurance companies to dispute and, at times, successfully deny […]
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3 steps to avoiding intellectual property disputes
As a business, you need to protect your intellectual property and take care not to infringe on anyone else’s property rights. A failure to do either could lead to a complex dispute and preventing problems is generally far easier than resolving them. Here are three steps you can take: Check who holds the rights when […]
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Could edits and annotations draw attention to carrier practices?
Legal compliance for freight carriers often requires substantial investments. Companies need to purchase and maintain special equipment and may even need to hire regulatory specialists who help ensure the company and all of its drivers remain in compliance with all federal transportation rules, like the Hours of Service rules. The transition to electronic logging devices […]
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3 serious concerns related to worker misclassification claims
Your business has a lot of operating costs that it cannot control and others that it can take special steps to minimize. Employment costs are one of the biggest regular expenses your organization has to cover, and there are numerous ways that you might reduce those expenses. Classifying some employees as independent contractors might seem […]
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How do you deal with a copycat competitor?
There are very few markets that remain completely untapped. This means that whatever line of business you enter, it can be tricky to make it. It’s certainly possible though, with the right methods, technology and branding. These unique components of your business comprise part of your intellectual property. You have ownership rights to this and […]
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Are there risks for the FMCSA under-21 program
Recent years have discovered issues with the supply chain in the trucking industry. In order to keep the nation moving, officials are seeking solutions that were previously dismissed. Specifically, a new proposal would allow younger commercial drivers to cross state lines. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is seeking to […]
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3 types of intellectual property rights
If you have a business idea such as a name, invention or symbol, it helps to seek legal protection for your work. In so doing, you will establish rightful ownership while preventing unlawful use or abuse of your property. There are several ways to protect your intellectual property, and identifying the right type of protection is very […]
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Protecting a growing business from employee harassment claims
As your company grows, you will need more workers to meet the demand for the services or goods you provide. Increasing demand will eventually mean that you need to hire more workers. Each of those new employees will increase the chances of conflict among your staff members. When you only have a few employees, you […]
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Protecting your company logo
The services that your company provides are key to its success. Pricing, quality and timely delivery can all boost your reputation significantly. You’ve also got to think about marketing and branding too. One of the more recognizable aspects of any successful company is its logo. You’ve had your new logo designed, you’re happy with it, […]
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Do you have to pay truck drivers overtime?
General overtime pay for most employees is time and a half. An employee who is making $20 an hour would begin making $30 an hour for overtime, for instance. In California, that starts after the eighth hour of work in a day or the fortieth hour of work in a week. Under federal law, it […]
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Big changes in trucking for 2022
Running a trucking company, you need to know about the big changes that happen in the industry. In 2022, there are some significant changes that you might see that could impact your business. Of the most significant changes, one of them is that CDL trainees may be subject to the entry-level driving training (ELDT) rule. […]
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How can you protect your trade secrets?
You’ve been developing a business strategy for years now and it has recently come to fruition. The foundation of your business is founded upon your unique methods, designs and processes. In other words, your trade secrets are the key to the success of your company. The corporate world is highly protected and you’re worried about […]
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3 signs of a bad business partner
Building a business can be rewarding, refreshing and change the future for millions – but it’s not accomplished without a ton of work. That’s why many business owners divide the work between themselves and a business partner. Having a business partner at your side can have many perks: a wider range of skills, broader connections, responsibility […]
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Will self-driving trucks have hour limits?
Currently, semi-trucks have a lot of different limits and regulations that must be followed. One of the most influential is the fact that drivers are limited on the number of hours that they can spend on the road. Breaks are mandated because it’s dangerous to have fatigued truckers behind the wheel. But there has been […]
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Can you prevent your employees from internally recruiting?
Each new skilled worker that you add to your team will help grow your company’s operations. Unfortunately, when they decide to part ways with your business, their actions could cause significant financial issues for the company. Former employees can become your worst competitors and can do real harm to your company’s operations. A former worker […]
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Can you tell employees they have to give notice before they quit?
For years, employees who wanted to quit working at your company have given you two weeks’ notice. However, you just had someone walk off the job with no notice whatsoever, and it really created a lot of problems for the business. As a result, you informed the rest of the employees that everyone would need […]
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Understanding trucking’s hours of service regulations
In the trucking industry, drivers must follow the rules outlined by the Federal Motor Carrier Safety Administration (FMCSA) regarding hours of service (HOS). This specifies the maximum number of hours a driver can be on the road, rest period lengths and more to ensure drivers aren’t driving while fatigued. Learn more about the latest update […]
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Simple oversights could lead to tip pool violations
Tip pools are not allowed in all states, but they are in California. An employer can choose to use a tip pool and make all the employees combine their tips at the end of the night. The tips are then split evenly between those employees. As a business owner, you may be interested in using […]
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Why you could find yourself accused of trademark dilution
Many trademark infringement cases don’t involve outright theft of a trademark. Responsible companies don’t try anything that obvious. A more common scenario involves a type of infringement known as “dilution.” Often, those who end up as defendants in these cases had no intention of infringing on another company’s trademark. However, companies that are protective of […]
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Will you need to install anti-speeding units in your semi-trucks?
The transportation industry offers competitive wages even for those who may not have much of an education. Trucking is one of the better paid blue-collar professions, and running a transportation company can be a lucrative option for those with the resources to start a company and purchase vehicles for a commercial fleet. Keeping those vehicles […]
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3 ways businesses open themselves up to unpaid overtime claims
As a California employer, one of your first and most important responsibilities is to comply with not just federal employment laws but also California employment laws. Many of those laws will have financial implications for your business. The right to overtime wages, for example, can drastically increase what it costs for you to staff your […]
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Getting photos off the internet could land you in trouble
Grabbing a photo off the web is usually about as easy as hitting “right-click” with your cursor and saving it to your computer. People do it all the time with memes and other interesting things they see. However, don’t make the mistake of thinking that just because an image or photo isn’t watermarked that it’s […]
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Does the use of your copyrighted creation fall under fair use?
Your original creative works or works that you commissioned or purchased for your business are your private property. You have copyright protection when you publish those original creations or when you register them with the United States Copyright Office. Generally, you will then have control over how other people use your creation. If you discover […]
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Research shows the ELD mandate came before increased crash rates
Electronic logging devices (ELDs) have been available for the better part of two decades. Some of the largest motor carriers in the country began using them in the aughts. However, smaller companies and owner-operators continued to use manual logbooks to track their time on the road. The federal government has effectively phased out written logbooks […]
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How do electronic logging devices help trucking companies?
Nearly all semitrucks need to have an electronic logging device to remain in compliance with current laws. While some trucking companies might have balked at the cost when the requirement first began, there’s no doubt that these devices can greatly benefit the business when they’re used properly. One of the most important things that trucking companies must […]
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When is employee fault grounds for denying a workers’ comp claim?
Employers generally have responsibilities when a worker gets hurt on the job in California. Whether you self-insure or pay for an outside policy, workers’ compensation in California is a no-fault program. It doesn’t matter who is to blame for the incident that causes a work injury. The workers typically get benefits regardless of fault. They […]
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When do you have to allow workers to take unpaid leave?
Companies operating in California need to comply with federal laws, as well as more demanding California state employment laws. Federal employment laws extend certain rights to your workers, and sometimes California passes laws that expand on those rights. The Family and Medical Leave Act (FMLA) establishes federal rules that allow workers to take unpaid leave. […]
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Trucking regulations require close attention from companies
Trucking regulations are there to keep people safe, but what happens when truckers are faced with unfair circumstances? Trucking groups have been petitioning the Department of Transportation for more truck parking because there are not enough places where they can pull over safely on the road. Distracted driving, drowsy driving and other issues are against […]
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2 ways businesses can limit their product liability
Whatever your industry, designing a new product or finding a way to manufacture one more cheaply than others can lead to massive business success. However, years of successful operations could come grinding to a halt with a defective product claim. Issues with the products your company produces could lead to massive financial liability for the company […]
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The fundamentals of a sound business contract
Contracts are the backbone of many business deals. It’s imperative that this written set of expectations and terms for transactions and agreements reflect what both parties agreed to. Because contracts are enforceable in court, you should ensure that your company only uses ones that are well structured and contain all the vital information. While the contents […]
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Protect your company by ensuring driver no-text compliance
Handling the logistics of transporting goods and raw materials through surface shipping can be a lucrative business model. Your company hires drivers and maintains a fleet, all while earning money for every mile those workers drive or every load that they deliver. Unfortunately, running a commercial shipping business also means assuming substantial liability risks. Transportation […]
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Will hiring make you responsible for mandatory annual training?
Business success and expansion is as much a danger as it is a goal. When there is more demand than you can reasonably meet for services or products, it can hurt your company’s brand or market share. Consumers may turn to your competitors or may come to associate your brand with long delays or bad […]
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What employee conduct can companies monitor after hours?
Many employers are concerned with what their employees do when they’re off the clock. This might be because the employees are known in the community and the employer is concerned about how their after-hours activities will look on the company. It may also occur if the employer is concerned with how those activities will affect […]
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The FMCSA extended Hours of Service waivers again into 2022
Operating a successful commercial transportation company is about much more than just getting commodities from point A to point B for your clients. You have to locate, hire and retain the right talent, maintain a fleet of roadworthy vehicles and comply with all federal and state transportation regulations along the way. Many of the rules […]
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3 times trucking companies could face crash-related lawsuits
The fault for a motor vehicle collision usually lies with one of the drivers involved. The police officers responding to the scene of a crash will look at the evidence and talk to the people involved, as well as other witnesses, to determine who caused the collision. The driver at fault will be the one […]
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Proper training and clear rules make HR an asset, not a liability
When the number of employees at a business goes from a handful to dozens, the company may need to bring in professionals to support their employees. Human Resources (HR) professionals serve multiple purposes. They help employees navigate company systems to request paid time off or report what they suspect is discrimination. HR professionals also help […]
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What must someone prove to claim negligence against your company?
If a visitor to your business or an employee brings an injury claim against your company, they need to meet certain requirements. Generally, for a situation to be actionable, it needs to involve provable losses and either misconduct or noteworthy negligence. Perhaps someone had a slip-and-fall incident while in your retail facility, or maybe a […]
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The End of 2021 Leaves Businesses with Familiar Uncertainties
As 2021, perhaps unbelievably, nears a close, the world is two years into COVID and a year into vaccination against the disease. While in some ways normalcy has returned, from sporting events to holiday gatherings, the uncertainty of the path forward remains stark for businesses. Many questions remain as we head into the new year. […]
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California Changes the Law on Survival Actions
Beginning January 1, 2022, survival actions – a cause of action that allows a decedent’s personal representative or successor in interest to pursue recovery as if the decedent had survived – will change dramatically, allowing the decedent’s estate to recover damages for pain, suffering, or disfigurement when the law previously did not allow such recovery. […]
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Comparative negligence and claims against your business insurance
California businesses are subject to more regulations than companies in many other states. Protecting yourself from the many potential forms of liability and financial risk from doing business means carrying specialized business insurance. You probably already have insurance policies in place to protect you from product defect claims or premises liability claims if someone falls […]
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How to reduce the chance an employee claims unfair dismissal
You cannot stop a disgruntled former employee from suing for unfair dismissal. Yet, you can reduce the chance they will and have a solid defense ready in case they do. Firing someone may seem a simple decision, yet you need to tread with care. However useless you feel someone is, they still have workers’ rights. Think […]
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Why would the USPTO deny a trademark?
Operating a business successfully today requires a different approach than it did in past eras. While business intellectual property has existed for a long time, it encompasses much more these days than trademarks or copyrighted works. Branding has become a kind of umbrella term for many types of intellectual property that define and add value […]
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What to do if you’re accused of copyright infringement
These days, everybody who has a business has a website, whether they’re big-name companies, emerging entrepreneurial stars, small mom-and-pop businesses or independent contractors. It’s all too easy, however, to make a mistake and violate someone’s intellectual property rights. Whatever the cause, you’ve now been served with a Digital Millennium Copyright Act (DMCA) notice that’s accusing you of […]
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Confusing Economic Signs Mean Continued Uncertainty for Businesses
As discussed previously on this blog, there is significant uncertainty for businesses, as we move into new phases of dealing with COVID. Along with a longer-term question around a possible automation boom, there are significant shorter term questions raised by economic signs not seen in decades. One of starkest issues is the continued rising inflation […]
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