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Your Legal Corner - Client Alert Blog - Archives for October 2012

Damages Presumed If Employer Fails To Provide Proper Pay Stubs

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Pursuant to Labor Code §226, all employers are required at the time of each wage payment to provide each employee an accurate itemized wage statement (pay stub) showing:


  1. gross wages earned;
  2. total hours worked by the employee, except for any salaried employee exempt from overtime;
  3. the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis;
  4. all deductions;
  5. net wages earned;
  6. the [...]

Tags: pay stubs, wage statement
Posted In: Employment Law News 

CA Employers Must Adhere to Newly Enacted Personnel Records Inspection Procedures, Time, and Penalties

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Tags: personnel files
Posted In: Employment Law News 

CA Employers — Don't Ask For Access to Your Employees Personal Facebook or Twitter Account

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Tags: Facebook, MySpace, Twitter
Posted In: Employment Law News 

Post Termination Noncompete and Nonsolicitation Clause in Employment Agreements Ruled Void

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

Surprise Surprise…California hates non-competition agreements and its courts are loathe to enforce them except in very limited circumstances. One such circumstance is Bus. & Prof. Code § 16601, which permits the enforcement of a reasonable covenant not to compete entered into in connection with the sale of a business. The stated policy behind this limited exception is to protect an acquired business's goodwill. On August 24. 2012, the Fourth Appeallate District Court of Appeal's decision in Fillpoint, LLC v. Maas, [...]

Tags: compete clause, noncompete, nonsolicitation
Posted In: Employment Law News 

Employers May Be Able To Claw Back Advances On Commissions

Written By: Melissa C. Marsh, Esq., California Business Attorney, October 2012

This year the California Second District Court of Appeal have heard at least two cases involving a California employer's attempt to "claw back" a paid, or prepaid commission, and in each case came to opposite conclusions based on the employer's written commission plans and agreements.

On May 8, 2012, in Sciborski v. Pacific Bell Directory, 205 Cal.App.4th 1152 (2012), a California Court of Appeal emphasized the importance of clear language in commission plans and agreements. In [...]

Tags: commission
Posted In: Employment Law News 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.