Orange County Business & Commercial Law Blog

Employees of all sorts of enterprises in California find themselves agreeing to wide-ranging employment agreements, from injury waivers to nondisclosure orders. Most of these documents are designed to give employers the upper hand in the case of a claim, but many rights cannot be legally signed away even if that's what an employee wants.

A court of appeal in California's Third Appellate District recently denied an attempt to force an employee into arbitration over a workplace dispute. Many employers try to maintain control of dispute resolution methods by requiring complaints to be arbitrated under their own terms and occasionally by their own personnel. But the construction of the agreement made it unenforceable under California law, leading the judge to render the entire agreement moot.

Construction is big business in California, and it is a complicated business everywhere. From foundations to rooftops, from plumbing to interior design, new buildings take an army of workers possessing a wide variety of skills. It is no surprise that most construction work is done by contractors.

A new California judicial ruling that clarified the definition of independent contractors has many small business owners worried about the consequences. The new test of contractors is an "ABC" list to check if a worker is getting these done that are outside an employer's typical scope and level of engagement with the worker.

There are many types of business structures that can be used in the construction industry. The right legal structure for a business is one of the most important decisions entrepreneurs have to make. Knowing the key advantages and disadvantages of different business entities is vital in the early stages of your business.

What are the common types of businesses in California?

Construction is one of California's largest industries, as the state and its municipalities try to stay ahead of an expanding population and more industries drawing workers to the West Coast. The demand for extra residential and commercial space can cause some projects to move too fast or too far, leading to litigation over sites and what can be built there.

A recent case in Los Angeles County resolved a dispute over the level of environmental review required for a project that was moved due to legal opposition. A multinational corporation headquartered in Minnesota requested land-use entitlements for a Hollywood site that would include a three-story department store among other facilities. The city granted several variances for the building's planned height and parking area.