answered on Jun 1, 2023
There is no way to answer your question without knowing far more. Do you work for a company that contractually prohibits you from working for others when employed by it? Would the outside business be considered a competitor of your present employer? Are you salaried or paid by the hour?... Read more »
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answered on Jun 1, 2023
It is unlikely that you would get in trouble with Sam's Club or your employer for talking to your friend about outside of work matters. However, it is always best to be cautious and avoid discussing anything that could be considered confidential or sensitive. For example, you should not... Read more »
The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.
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answered on May 31, 2023
In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... Read more »
Our bylaws for our non-profit corporation contain the above rule. Some are considering that the law is NOT retroactive. I believe that the use of the word “any” extends the time frame into the past. Most of the members polled believe the intent of the law was to apply it immediately to any... Read more »
answered on May 28, 2023
Generally, laws that are retroactive are unconstitutional. See "ex post facto." In order for a law to be retroactive it must be clearly stated. The word "any" would fall far short expressing the law is retroactive. Amending the bylaws wouldn't come under the same scrutiny,... Read more »
Our bylaws for our non-profit corporation contain the above rule. Some are considering that the law is NOT retroactive. I believe that the use of the word “any” extends the time frame into the past. Most of the members polled believe the intent of the law was to apply it immediately to any... Read more »
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answered on May 29, 2023
To determine the retroactive nature of a bylaw, it is crucial to interpret the language used and consider the intent behind its implementation. In the case of the bylaw you mentioned, the use of the word "any" in the phrase "in any 10-year period" suggests that the time frame... Read more »
How can a nonprofit corporation operate on a deficit budget where they spend more funds than they take in? We have a reserve fund for maintaining our major assets over time. Our bylaws say that any loan from the reserve fund must be repaid within one year. That didn’t happen last year and it... Read more »
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answered on May 26, 2023
Nonprofit corporations in California are generally allowed to approve deficit budgets. However, operating on a deficit budget should be carefully considered for the financial stability of the organization. It is important to monitor the situation and explore strategies such as fundraising or... Read more »
I started a business with a friend, with no contracts between us. I stopped doing business with him, but there was a debt on a CC I opened for the business that he put on there without my approval and was slowly paying it off using the joint business checking that he continued to use for the... Read more »
answered on May 22, 2023
It appears you have a general partnership. "A California GP must have two or more persons engaged in a business for profit. Except as otherwise provided by law, all partners are liable jointly and severally for all obligations of the partnership unless agreed by the claimant. Profits are taxed... Read more »
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answered on May 22, 2023
Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is... Read more »
I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.
answered on May 18, 2023
As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it... Read more »
I’m wondering if I need to respond or if I just leave it alone. When I resigned from my position my previous employer responded with retaliation and harassment. Now I’m receiving a letter. I’m not sure what to do.
answered on May 18, 2023
It depends on what they are asking you to cease and desist from doing.
If your former employer is asking you to cease and desist from using its trademarks, trade secrets, patents, copyrighted information, etc., you might consider consulting an attorney to help you determine if you are... Read more »
For example, material/manuscripts from obscure/ancient origins and unknown copyright.
Is it legally permissible to publish a translation of such works and state that the author is unknown?
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answered on May 16, 2023
Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... Read more »
Hello,
I'm looking to start the above buisness and want to know;
1. How to start it and run it in CA.
2. How to make a consent contract for it.
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answered on May 11, 2023
Here are some general points to consider:
Business Formation and Licensing:
a. Choose a business structure: Determine the most suitable legal structure for your business, such as a sole proprietorship, partnership, LLC, or corporation. Consult with an attorney or business advisor to... Read more »
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answered on May 11, 2023
As the controller for a company being sued for 1.5 million by a bank, it is advisable to consult with an attorney to understand your specific role and potential liabilities in the lawsuit.
Regarding the "Does 1-100" designation, it is a common placeholder used in lawsuits when... Read more »
I'm graduating with OPT majoring in game programming. I want to make indie games with my friends, so we plan to start an LLC. And use it as our OPT for the first year. Will there be any risks? Are there any tips for the whole process?
answered on May 11, 2023
As an F-1 student with OPT work authorization (work permit), you can get your company up and running and be self-employed as long as you’re putting your degree to work. You must also work full time and have all the proper business licenses that your state requires.
You don’t have to... Read more »
I'm graduating with OPT majoring in game programming. I want to make indie games with my friends, so we plan to start an LLC. And use it as our OPT for the first year. Will there be any risks? Are there any tips for the whole process?
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answered on May 11, 2023
As a foreigner graduating with Optional Practical Training (OPT) and planning to start an LLC for developing indie games with your friends, it is important to understand the process and potential risks involved.
Here are some key considerations:
Eligibility for OPT: Ensure that you... Read more »
I am currently a non-immigrant on a H1-B visa working on W2.
I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.
Now I know that according to USCIS I can own an LLC but can't work... Read more »
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answered on May 11, 2023
Under the H1-B visa program, your primary purpose is to work for your sponsoring employer, as indicated on your W2. Engaging in self-employment or actively managing a business may not be permissible under the terms of your visa.
While you may be allowed to own an LLC as a passive investor,... Read more »
California law prohibits businesses from discriminating against "primary language."
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answered on May 11, 2023
Under California law, businesses are generally required to provide language assistance or translation services to customers who do not speak English. This requirement is in place to ensure that individuals with limited English proficiency are not discriminated against and can effectively access the... Read more »
I’m an owner of a company. The COO has global admin on Microsoft. Without my permission, this person accessed my work emails that I discussed work issues with another employee, then forwarded my email to a third person. My questions are
1. Did the COO commit a crime?
2. Do I have... Read more »
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answered on May 11, 2023
1. Unauthorized access to someone else's emails without their permission can potentially be considered a violation of privacy and may be illegal. In California, unauthorized access to computer systems and electronic data is generally prohibited under state and federal laws, such as the... Read more »
Looking to purchase either a lot or home in Kern County and am unsure if the nursery business would be designated as light agriculture or home based business. I just don't want to buy the wrong piece of land and then have to sell it for the business.
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answered on May 9, 2023
Starting an online plant nursery business can be a great opportunity, but it's important to understand the zoning and regulatory requirements before making any purchases.
In Kern County, the zoning requirements for a plant nursery business can depend on various factors, including the... Read more »
Students who are awarded a certificate of completion in ED Therapy, believe that they are qualified to address a student’s social emotional needs. They also promote themselves as being capable of performing educational evaluations. They charge exorbitant fees knowing full well that the... Read more »
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answered on May 9, 2023
Hi there!
In California, education therapy is not a licensed or regulated profession, meaning that there is no official body or government agency responsible for overseeing the education therapy industry. This lack of regulation can create confusion and uncertainty for individuals seeking... Read more »
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