By 2030, California’s senior population will double to 9 million, but the state faces an estimated shortage of 200,000 home health and home care aides. Therefore, it is expected to see many new businesses trying to meet the demand created by this trend. However, obtaining the necessary licenses you need to operate a business in this sector is a taxing process. Here’s a brief introduction to the requirements you must fulfill to start a home care organization business.

Home health agencies provide skilled care and are licensed by the California Department of Public Health (“CDPH”). Home health care is considered a type of medical care and thus must ensure that aides are supervised by a registered nurse or physical, speech, or authorized occupational therapists. On the other hand, the focus of this article is home care organizations, which focus on custodial care, such as arranging nonmedical services and assistance with activities of daily living (“ADLs”) and instrumental activities of daily living (“IADLs”), including bathing, dressing, feeding, exercising, personal hygiene and grooming, transferring, ambulating, positioning, toileting, and incontinence care, assisting with medication that the client self-administers, housekeeping, meal planning and preparation, laundry, transportation, correspondence, making telephone calls, shopping for personal care items or groceries, and companionship. 

In California, home care organizations are regulated by the California Home Care Services Bureau (“HCSB”), through regulations in the California Health and Safety Code (Division 2, Chapter 13). Home care organizations employ: Registered home care aides, who must be registered by the HCSB to provide services organized by a home care organization  Other professionals, including licensed vocational nurses, registered nurses, therapists, social workers, and community health workers Registered home care aides may be employed by licensed home care organizations, hospice agencies, home health agencies, or other organizations. The Home Care Services Consumer Protection Act, implemented in January 2016, created a public online registry for home care aides who have been background checked. Home care aides employed by home care organizations are called “affiliated” home care aides, and must complete five hours of entry-level training, consisting of two hours of orientation regarding their role as caregiver and 3 hours of safety training including basic safety precautions, emergency procedures, and infection control. They also must complete at least five hours of annual training. 

California Home Care Organization Application Process

In order to get a home care license in California and start your home care business, you will need to submit the California home care license application as outlined below along with the application fee. A home care license application with the following forms and documents will need to be compiled and sent to the State of California with a fee of $5,603.00. Researching the California regulations is a must when starting this process of applying for your home care license in California

Section A: Home Care Organization Application Forms:

Section Form Number Description
A1 HCS 200 Application for a Home Care Organization License
A2 HCS 215 Licensee Applicant Information
A3 HCS 308 Designation of Home Care Organization Responsibility
A4 HCS 309 Partnership/Corporation/Limited Liability Company
A5 HCS 402 Employee Dishonesty Bond
A6 LIC 508 Criminal Record Statement
A7 HCS 9165 Board of Directors Statement

Section B: Supplemental Documents:

Section Description
B1 Partnership Agreement/Articles of Incorporation/Articles of Organization
B2 Job Descriptions- Each Position
B3 Personnel Policies
B4 Training Plan
B5 Home Care Organization Program Description
B6 Insurance Information

To complete these required documents and forms, you will first need to choose a name for your home care organization business, and then decide on (best to consult with a CPA for this) how you want your California home care business to be taxed (e.g. corporation or limited liability company/LLC). Business attorneys then can help you properly set up your entity with the state. The application requires that you provide a certificate of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in aggregate and a certificate of workers’ compensation policy covering affiliated Home Care Aides. You will also need to create a business plan and determine the location of your California home care business. Before you open for business, you must also obtain local business licensure and make sure you hire the staff you need.

Helpful Resources for Starting your Home Care Business in California

https://www.cdss.ca.gov/inforesources/community-care/home-care-services/home-care-org-application-process

https://www.cdss.ca.gov/cdssweb/entres/forms/english/hcs281.pdf

Talk to a Business and Corporations Attorney Today

Carbon Law Group can help you navigate this process of opening your home care organization business! We provide business transactional legal services to business owners in healthcare, home care, tech, non-profits, and more. Call (213) 603-9354 or email [email protected] to discuss your needs with a Los Angeles corporate attorney today.

It is no secret that the COVID-19 pandemic wreaked havoc on the nursing home industry. In terms of the industry itself, we are seeing more closures of nursing homes, more consolidation, and the evaporation of the not-for-profit sector of nursing services. More of these non-profits are being swallowed up by for-profit providers.

What happened? There are a number of factors here. Firstly, many nursing homes across the country appeared unprepared for the extensive infection-control measures required during the pandemic. This resulted in some nursing homes becoming COVID hot spots and losing many patients and some of their workers to the virus. Lawsuits were filed and, depending on what state you reside in and when the death or injury occurred, the lawsuits were deemed meritorious. While the states moved to protect the healthcare industry from COVID-19 lawsuits, many of the lawsuits filed by the families of descendants were able to allege gross negligence to prevent the agency from claiming COVID-19 immunity.

Nursing Home Closures by the Numbers

Since the pandemic began in 2020, 327 nursing homes have closed across the country. Many of these closures were the result of state investigations into the quality of care during the pandemic while others were the result of economic distress. In many cases, vulnerable nursing home workers were prevented from working due to fears concerning the virus. This has and will continue to cause understaffing problems.

We are only five months into 2022, and already 20 nursing homes have shut down. That number could balloon to over 400 after the year is up.

Industry-Wide Trends

The current trend is away from skilled nursing facilities and toward assisted living facilities or post-retirement care centers that provide limited medical services. Nursing homes are further divided into custodial care facilities and temporary rehabilitation centers. The number of skilled nursing facilities has gone down on the West Coast and the trend is now rippling across the East Coast, as well.

Profitability in the sector, especially in California, which has a robust regulatory framework and expansive regulations when it comes to building large structures due to earthquake concerns, is now at an all-time low. This is forcing the industry to make several changes that will have broadscale consequences across the U.S. When you add in lawsuits related to nursing home care and expanded liability under federal law, the entire sector may be in serious trouble.

This is especially true for non-profits that do not have corporate backing and generally rely on government funding, donations, and reimbursements. As the funding for these types of non-profits drys up, the non-profits are exploring their options by consolidating with large corporations who can provide the backing they need to remain open.

Talk to a Business and Corporations Attorney Today

Carbon Law Group provides business transactional legal services to businesses in healthcare, home care aide, tech, non-profits, and more. Call to discuss your needs with a Los Angeles corporate attorney today.

COVID-19 catalyzed the telemedicine revolution, but the industry was already headed in that direction, albeit slowly. Today, electronic records, portal appointments, and more, increasingly rely on software and technology to provide care to patients. While this makes it easier for high-risk patients to avoid exposure to pandemic viruses, it also creates problems for providers, specifically when they are required to observe patients over small screens and poor feeds.

Telemedicine lawsuits are a risk for most healthcare providers today. In this article, we’ll discuss some of the most common risks that telemedicine creates.

Issues With State Laws

Specific aspects of medical law are drafted at the state level. When a doctor or clinic takes an out-of-state patient, this can create a legal snarl for them. Since doctors are given licenses by individual states, they may be breaking laws without realizing it. If a patient is injured, they may be able to file a malpractice lawsuit against the doctor and allege legal wrongdoing. It is a consideration that those who provide telemedicine will have to consider when dealing with out-of-state patients.

Data breaches

Data breaches, hacking, and ransomware remain major problems for companies that provide telemedicine. Even hospitals are potentially susceptible to ransomware attacks and lawsuits have been filed over deaths caused by service outages. Data breach lawsuits within the healthcare industry are complicated by HIPAA legislation that gives rise to lawsuits against healthcare providers. With more patients relying on portals, a software failure can result in a medical malpractice lawsuit. Problems with electronic records are also giving rise to more medical malpractice lawsuits.

Diagnostic Errors

Diagnostic errors remain the most common type of medical malpractice lawsuit filed against doctors and health care clinics. Telemedicine does not make diagnostics any easier. In fact, it is likely to make diagnostics harder.

Informed Consent

Medical providers can run the risk of medical malpractice lawsuits if they do not inform a patient concerning the risks of telemedicine versus in-person appointments. If a patient is injured due to something missed in a telemedicine appointment, then the patient may have grounds to sue on the basis that the telemedicine appointment was a substandard form of care. Medical providers are expected to know when telemedicine could be potentially dangerous to a patient and err on the side of caution.

The Biggest Problem With Telemedicine is…

A lack of regulatory infrastructure. While telemedicine has been around since the 1950s, Americans are relying on it more now than ever before. This means that the number of telemedicine-based malpractice lawsuits is increasing. On the plus side, telemedicine allows patients access to the best quality care even if they cannot physically make it to their appointments.

Nonetheless, the regulatory infrastructure has yet to keep up with the increased demand for telemedicine leaving patients, practitioners, and even attorneys and the courts in the dark about what standards should apply.

 

Talk to a Los Angeles Health Care Civil Defense and Corporate Attorney Today

Corporate attorneys protect your business from lawsuits well before the lawsuit is actually filed. Call Carbon Law Group today to discuss your needs and we can prepare a plan to protect you from telemedicine lawsuits.

Okay, the crypto market has recently plunged and is struggling to regain upward momentum, but the technology that it is based on is not going anywhere. That is because the distributed ledger technology is incredibly useful for ensuring the crypto currency cannot be counterfeited. Today, distributed ledger technology has broad applications across several industries. It is becoming more commonplace for start-ups and businesses to establish funding by using an initial coin offering (“ICO”). These are both similar and dissimilar to common securities. In some cases, ICOs actually count as securities. In other cases, they do not. This can create legal snarls for those who choose to use ICOs to fund projects. In this article, we will discuss ICOs and how they work under U.S. law.

What is an ICO?

An ICO is an IPO that uses cryptocurrency and technology. Typically during an ICO, a company can raise money by creating a website and publishing a white paper (a document that describes the project). Investors exchange cash or cryptocurrency (e.g. Bitcoin or Ethereum) for digital tokens that the startup has created. However, not all ICOs are the same and this is where it gets tricky for some businesses that accidentally find themselves facing a securities fraud lawsuit because they mismanaged their ICO.

The laws and regulations that apply to an ICO depend in part on whether the token offering is a financial product like shares in the company. Only some ICOs are considered securities, for example, equity token that provides an ownership stake in the company. Investors of equity tokens are buying an ownership interest in the venture. Other ICOs offer special options or rights or access to products. The latter are not considered securities and are not currently regulated. While the former is regulated by the SEC. This has created confusion among investors.

The terminology employed by the experts is Equity Tokens and Utility Tokens. Equity tokens offer shares of the venture while utility tokens offer special access to the company, the right to purchase company products at a discount, or the right to purchase stocks at a discounted rate at a later time.

ICOs are controversial only because some have fraudulently sold utility tokens as equity tokens. While some have turned an enormous profit on ICOs and many businesses have established themselves through ICO funding, it is still a bit of a Wild West and there is a lot of confusion over the tokens themselves and what rights investors have when purchasing these tokens.

The future of crypto may not be currency

The reason why crypto is wildly unstable is that it is not useful as an actual currency. Transaction speeds are quite slow and would only become slower once they are scaled to a modern economy. The costs related to the transactions are also exorbitant as they require “mining.” Anyone who provides the hardware to mine the currency gets a share of the transaction.

Nonetheless, the sky’s the limit. In the future, you may be able to place valuable commodities in your wallet and purchase gasoline with them. Imagine using your Mickey Mantle rookie card to purchase groceries. Crypto allows fractional trading on commodities that allow you to borrow against valuable assets.

Talk to a Los Angeles Corporate and Securities Attorney Today

Want to launch an ICO? Carbon Law Group can help. Call today to learn more about how we can help you establish funding for your project and avoid legal pitfalls that derail ventures.

When you are starting a business, it can be overwhelming trying to keep track of everything that you have to do to protect your business and operate legally. From incorporating and getting a business license to make the best tax election and properly protect your intellectual property, it can be hard to determine what is really necessary and prioritize your business’s most urgent needs. One thing that you have likely heard about is trademark protection. And you may wonder when is the best time to get a trademark? Do you need a trademark? Or do you really need copyrights? Do venture capital (VC) firms care about trademarks?  

In this post, we will explore what a trademark is and whether you may benefit from having one. If you have specific questions about your brand or business it is always a good idea to consult with an attorney directly. 

What is a Trademark?

A Trademark provides legal protection for anything that identifies your brand. This may be a word, name, or design, such as a logo. Anything that can be used to identify your brand to consumers can be protected by a trademark. Trademark law recognizes the importance of brand loyalty and the hard work that goes into building a brand. Many people and other companies can take advantage of the goodwill and brand recognition that you have built by copying or closely replicating their products, services, or advertising materials to look like yours, in hopes of tricking consumers. Trademark law exists to keep that from happening. It is important to note that trademarks do not apply to words, art, images, designs, or names that are not connected with a commercial brand. If you are looking to protect a visual or written work, you will benefit from copyright protection as opposed to trademark protection. 

Do I Need a Trademark?

If you have a brand, it is generally advisable to have Trademark protection for it. This protection can apply to products, services, or even your logo. A great amount of time, money, and effort goes into building a brand, so it is fiscally responsible to invest in Trademark protection to ensure that your investment is secure and that other people cannot profit off of your hard work without consequence. If you have plans to start a business or launch a product but have not yet released it into the stream of commerce, you can file an Intent-to-Use Trademark Application which will give you a year from the date of the application to begin selling it. If you have no plans to build a brand or business you will not likely benefit from a trademark, however, there may be other forms of legal protection available that would benefit your venture. The best way to determine what legal protection you need to support your business is to consult with an attorney who can get a sense of what you are trying to accomplish overall and how intellectual property law can support your goals. 

Contact the Carbon Law Group

If you have a small business, brand, or are launching a new product or service, it is important to protect your new venture. Intellectual property is the backbone of most businesses, and few people know where to start when it comes to protecting it. The experienced intellectual property attorneys at the Carbon Law Group are ready to help. Contact the Carbon Law Group today to schedule a free consultation and find out how we can support you and your business. 

Regardless of the kind or size of your business, there are legal, regulatory, and compliance issues that you will have to contend with and observe. Failure to act in compliance with state and federal laws and statutes can result in large fines, lawsuits, and even the loss of your business license. However, most small businesses cannot afford to have a dedicated attorney on staff, let alone an in-house counsel department. That is where hiring outside general counsel can be a great option.

What is Outside General Counsel?

Outside general counsel are lawyers who work for your business on a contract basis, as opposed to full-time. This means you have a dedicated attorney or even a group of attorneys who is familiar with your business and available to help you establish a strong legal foundation for your business and whenever any legal issues come up. This also means that you will only need to pay for legal help when you need it, which makes it incredibly cost-effective. Outside general counsel is also flexible, as it generally does not require you to enter into a long-term contract or penalize you for severing the agreement which makes it far simpler than having an employee on the payroll 24-7.

Benefits of Outside General Counsel for Your Small Business

Many small businesses try to handle legal and compliance issues on their own to save money when they are starting out, but often this backfires and ends up costing them far more. It is simply not possible to know what you don’t know, and most small business owners are too busy to also brush up on all relevant state and federal employment, trade, compliance, and tax laws in addition to running and growing their business. It is always a good business decision to outsource to experts so that you can both play to your strengths. Additionally, outside counsel can help you to actively protect your business’s intellectual property and to enforce your rights against infringers. If a lawsuit or legal matter comes up, your outside counsel can handle it while you continue focusing on business as usual.

Lawyers who serve as external counsel are not only readily available, they are also incredibly efficient at what they do. Regardless of the legal matter that arises, your external counsel will be able to address it promptly and efficiently. From helping you determine what business structure is right for you to aid with compliance and even mergers, acquisitions, employee and vendor agreements, sales contracts, nondisclosure agreements, franchise agreements, intellectual property rights, lawsuits, litigation, and more, outside counsel can meet all of your business’s legal needs–even the ones you did not know that you had.

Contact the Carbon Law Group

If you are a business owner and want to make sure that your business is protected as you expand, the experienced business attorneys at the Carbon Law Group can provide dedicated external counsel services to help you grow, regardless of the legal issues that arise for your company. We can also help you avoid legal issues by anticipating and addressing them early on. Contact the Carbon Law Group today to schedule a consultation.

As social media continues to grow and become a part of our daily lives, businesses have taken note and begun using influencer marketing as a valuable tool to reach their target market. An influencer’s personal brand is what makes them unique and stands out from every other social media profile. A brand is an influencer’s voice that allows them to express themselves and connect with their audience. For influencers working on expanding their brand and audience, it is essential to take the proper precautions to protect themselves and their social media profiles.

Growing Your Brand

When influencers are considering developing their brand, they must also consider the audience that will follow them. Potential followers are looking for influencers with whom they have shared values/interests, they identify with or are inspired by, and most importantly, a person who is their authentic self. Influencers that have grown the largest followings online have been able to capitalize on these three factors. 

Part of what makes an influencer’s brand so valuable is their engagement with their audience. When an audience is invested and connects with an influencer personally, they are more likely to engage with their content, brand endorsements, etc. Social media continues to evolve and give users new and creative ways to interact with one another and build a personal connection. In particular, Question and Answer sessions where followers send in questions and the influencer answers are an excellent way for followers to learn more about them and establish a stronger connection. Additionally, vlogging a typical “Day in the Life” and “How to” videos are other great ways for an audience to feel like they are part of an influencer’s daily life and build a genuine connection that extends beyond the app.

Lastly, using your social media account as a self-promotion tool to promote your accounts on other social media platforms is another great way to build your following. Major social media platforms such as Instagram, Twitter, and TikTok all fill a unique role in the social media market and allow audiences to be engaged in different ways. Using each platform as a tool for personal brand promotion encourages followers to be active with the influencer on all social media and results in steadier audience growth.

Collaborating with Brands

Influencer marketing has quickly become a useful tool for companies looking to directly impact consumers through a voice they trust. Brands are ultimately looking for influencers that will increase business and drive traffic to their social media profiles. In exchange, an influencer could receive the product, payment, and increased exposure by being featured on the brand’s profiles. 

An influencer’s audience and the content that they post often go hand in hand. When brands are looking for a potential influencer partnership, they will consider whether an influencer’s content, audience, and values reflect their own. This is necessary for brands to consider because when an influencer is working with a brand, they are now acting as a representation of that brand itself.

Another aspect that brands consider when choosing an influencer to partner with is their brand engagement. As discussed, engagement can come in many forms, such as likes, shares, comments, etc. Brands actively seek out influencers that have high engagement levels, regardless of the size of their following. The reasoning for this is because it shows that the influencer’s audience is actively showing interest in their content instead of scrolling to the next post on their timeline. If an influencer has an engaged audience, they are more likely to take the time to learn more about the product/brand that the influencer is endorsing.

Protecting Your Brand

Influencers can protect their brand in a variety of ways. As one continues to build their brand and audience, there is a growing need to protect their hard work. By filing a trademark, influencers can proactively protect their name and likeness from other social media users or companies looking to take advantage of an influencer’s brand without their permission. It is important to note that there is no minimum followers requirement for an influencer’s trademark to be filed. When an influencer files a trademark to protect their brand, they must be doing so because they are seeking to use their name in commerce for goods or services. When doing so, it is crucial that the influencer’s social media handles match those that are in the trademark filing.

As influencer marketing has continued to grow and be used as an asset for businesses to grow their revenue, the Free Trade Commission (FTC) has stepped in to set up new regulations that protect consumers from having their purchasing decisions unfairly influenced. The FTC  is now requiring influencers to give a disclosure any time they are endorsing a product. The disclosure can be expressed in a variety of ways, but it must be done in clear and straightforward language that will be easily understood by an influencer’s audience. The most common way is to include terms such as “advertisement,” “sponsored,” or “ad” into the caption of their post. Additionally, it is highly encouraged to utilize hashtags such as #ad or #sponsored at the end of their message to ensure that their post is in connection with another brand.

To stay up to date with FTC regulations for influencers, please visit. ftc.gov/influencers

As the novel coronavirus spreads around the world, a chaotic market for N95/KN95 masks, Personal Protective Equipment (“PPE”) such as gloves, thermometers, ventilators, hospital beds, testing kits, hazmat suits, hand sanitizer, goggles and other desperately sought-after medical supplies vital to the fight against COVID-19 has sprung up.

 

Numerous brokers or businesses around the world have joined the gold rush for this year’s most sought-after commodities. Urgent late-night inspections at mask factories, hurried million-dollar wire transfers to secure PPEs, and more. In this frenzied, pandemic-driven market, many different types of commercial agreements are involved. Entrepreneurs in international commodity trading, especially bulk commodities, often come across documents like Non-circumvention, Non-disclosure Agreements (“NCNDA”), International Master Fee Protection Agreement (“IMFPA”), Commission Agreements, and other documents. However, the legitimacy and protection these documents afford are yet to be determined.

 

What are NCNDAs and Why You Should Consult an Attorney Before Signing One

 

An NCNDA is an agreement that is commonly used in the preliminary stages of a business transaction where the seller and buyer do not know each other but are brought into contact with each other by one or more intermediaries or brokers to fulfill the transaction. The purpose of such agreement is to ensure that (1) the intermediaries or brokers who brought the buyer and seller together are not by-passed and (2) the information disclosed during the negotiations is not revealed to any external or unauthorized party. These agreements are usually valid for a specified term.

 

In this frenzied market, as the manufacturers making these desperately sought-after medical supplies are making huge profits by supplying bulk commodities to whoever can pay the most and pay fastest, a strong and well-drafted NCNDA is vital to anyone involved in these deals to protect their interests and ensure that they are not circumvented.

 

Some key terms of an NCNDA include:

  1. Non-Circumvention Clause, which is used to prevent the contracting parties from cutting each other on any businesses covered in the agreement. A clear definition of the covered business is critical.
  2. Non-Disclosure Clause, which aims to protect any information the contracting parties intend to be held confidential. A good NCNDA will need clear language to ensure important information that the party wants to prevent from disclosure are covered.
  3. Term, which defines how long the NCNDA will run.

 

Navigating this chaotic, “Wild West” PPE market can seem daunting. It is always helpful to enlist the assistance of a professional business attorney. At Carbon Law Group, with our extensive experience in providing legal guidance to businesses in contracting and negotiation, we are confident that we can serve as strong legal support for your business. Find out how Carbon Law Group can help you protect your intellectual property rights by scheduling a meeting with us using this link.

 

We can help with:

  • Reviewing Contracts
  • Drafting strong NDAs and Non-circumvent Agreements
  • Answering compliance questions
  • Due Diligence
  • Paymaster Services

In late June, 2018, following the European Union’s groundbreaking General Data Protection Regulation (“GDPR”), California passed its own consumer privacy law, AB 375, that imposes its own set of requirements on U.S. companies with regard to consumer’s “personal information.” You can read more about GDPR here. The new California law, referred to as the California Consumer Privacy Act (“CCPA”), took effect on January 1, 2020 and established new, groundbreaking consumer privacy rights for California consumers. Fines for non-compliance of CCPA can add up quickly; these fines are in addition to any loss of goodwill or consumer trust – or expenses associated with responding to any compliance investigations.

 

What consumer “personal information” is protected by CCPA? 

CCPA takes a broader view than the GDPR of what constitutes “personal information.” CCPA defines “personal information” to include “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” The words “relates” or “reasonably capable of being associated with/linked” open up a very large class of non-traditional personal identifiers, that goes beyond name, address, social security number, to include information such as email address, online social media handles, IP addresses, biometric information, geolocation data, browsing, and search history.

 

Who needs to comply to CCPA?

Companies that meet the following criteria  must adapt their privacy policies and reporting to CCPA’s requirements: 

  1. companies that serve or hire California residents;
  2. have $25 million or more in annual revenue; 
  3. possess the personal data of more than 50,000 “consumers, households, or devices;” or
  4. earn more than half of its annual revenue selling consumers’ personal data.

 

What protection does CCPA give to consumers? 

The CCPA gives California residents the following rights:

  1. to know what personal information is being collected about them;
  2. to know whether their personal information is sold or disclosed and to whom;
  3. to say no to the sale of personal information;
  4. to access their personal information;
  5. to equal service and price, even if they exercise their privacy rights;

The CCPA provides California residents with a right to be informed of the categories of personal information that a business collects or otherwise receives, like smartphone locations or voice recordings, that a company has on them sells or discloses about them; the sources of that data; the purposes for these activities; and the categories of parties to which their personal information is disclosed. CCPA also grants California consumers the right to request detailed information about the personal information a business holds specifically about them, which may include detailed logs of a person’s online activities, physical locations, ride-hailing routes, biometric facial data, ad-targeting data, and the right to obtain portable copies of their personal information from the business. CCPA also gives California consumers the right to prohibit a business from selling their personal information, and to request that a business delete their personal information.

 

When will enforcement start? 

The CCPA took effect in California on January 1, 2020, with a six months grace period before enforcement of the law begins. Starting in July 2020, offenses of the CCPA will be assessed with fines. 

 

Does compliance with GDPR ensure compliance of CCPA? 

No. The CCPA and the EU’s GDPR do not share some same key requirements. Compliance with one does not imply or guarantee compliance with the other. The scopes, definitions, and requirements of the CCPA and the GDPR are different. 



What to do if you think a business is misusing your personal information under the CCPA?

Starting July 2020, California consumers may bring a legal action for statutory damages ranging from $100 to $750 per violation or actual damages, whichever is greater. The California Attorney General may bring actions for civil penalties of $2,500 per violation, or up to $7,500 per violation if intentional. No actual damage or specific evidence of identity theft is required. A CCPA plaintiff must inform the California Attorney General of the situation within 30 days of filing a CCPA lawsuit. The California Attorney General is the sole individual who has the power to delay or block such individual litigation under the CCPA. 

Find out how Carbon Law Group can help you prepare for CCPA compliance by scheduling a meeting with us using this link.

Your business is doing well and your profit is growing – Great! But this also means that there are some new legal concerns that your growing business must face now. 

 

When Hiring New Team Members…

As your business grows, you will likely need to hire more people. Hiring can raise many potential legal concerns. 

First, while often overlooked by many small businesses, it is extremely important to clearly distinguish “independent contractors” from “employees.”  In California, we have a stringent “ABC” test for determining whether a worker is an employee or an independent contractor and it applies retroactively. The ABC test, an employment-classification test in California that presumes workers are employees rather than independent contractors, was first adopted in April by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court. Under this test, anyone hired by a business is presumed to be an employee and the burden is on the employer to demonstrate that every worker is not an employee. The punishment of misclassification is steep, which includes a fine for each person misclassified and penalties for failure to withhold income taxes (1.5% of the wages, plus 40% of the FICA taxes (Social Security and Medicare) that were not withheld from the employee and 100% of the matching FICA taxes the employer should have paid). Criminal penalties of up to $1,000 per misclassified worker and one year in prison can be imposed as well. In addition, the person responsible for withholding taxes could also be held personally liable for any uncollected tax. All it takes is one disgruntled person to cause a huge thorn in your business.

Second, it is important to have an employment handbook to set the policies, procedures, working conditions, and behavioral expectations your business has on its employees. A handbook tailored to the way you do business helps ensure that managers across the organization handle issues consistently and provide a framework for your employees to follow. In case the need arises, a well-written handbook is the first step of a successful defense of unemployment or other legal claims because these cases often require the employer to prove that the terminated employee was on notice of a certain rule and had been warned that violating the rule would lead to disciplinary action up to and including immediate termination.

 

Stop Relying On Informal Agreements…

As your business grows, you should start to always put your business agreements in writing and stop relying on informal, verbal agreements. Having written agreements are helpful in ensuring that everyone keeps their promises and gets what they want. You should start using customized written agreements that accurately when working with business partners, lenders, and other businesses.

 

Intellectual Property Protection Issues…

When your business first started, it was probably hard to imagine that you’ll potentially later face issues with people infringing on your intellectual property assets (or vice versa). As your business grows, it becomes more and more worthwhile of the investment of time and money to get your copyrights, trademarks, patents and trade secrets legally and properly registered so you don’t have to worry about it if, and when, an issue arises.

 

Non-Disclosure Agreements…

It is crucial for your business to maintain its competitive advantage by keeping working projects, innovative ideas, or exciting new products secret and away from potential competitors. A non-disclosure agreement is a legal document that keeps the lid on such sensitive information. When working with investors, creditors, clients, or suppliers, you should use Non-Disclosure agreements to protect your intellectual property because these outside entities will have access to business information that you may want to keep private.

If you need legal help to guide your business’s growth, feel free to schedule a consultation with an attorney using this link or calling our office at 323.543.4453.

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Carbon Law Group PC| Attorneys of Law | 1001 Wilshire Boulevard PMB 2083

Phone: (323) 543-4453 | Fax: (323) 488-9784 | Email:[email protected]

Located in Los Angeles, California, the law firm of Carbon Law Group PC. represents clients throughout California, including, but not limited to the cities of Los Angeles, El Segundo, Torrance, Pasadena, Santa Monica, Culver City, Long Beach, Irvine, Costa Mesa, and Orange County, Los Angeles County, Riverside County, San Bernardino County and San Diego County.

DISCLAIMER

No Attorney-Client Relationship Created by Use of this Website. Neither your receipt of information from this website nor your use of this website to contact the Carbon Law Group, P.C. (hereinafter “the Firm”) or one of its lawyers creates an attorney-client relationship between you and the Firm. You will become a client of the Firm only if and when you sign an engagement agreement setting forth the scope of the Firm’s engagement, the fee arrangement, and other relevant matters. As a matter of policy, the Firm does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. (The Firm may, for example, already represent another party involved in your matter.)

No Confidentiality. You may not use this website to provide confidential information about a legal matter of yours to the Firm. Your use of this website does not make you a client of the firm or even a prospective client of the Firm. If you have confidential information that you would like to give to any lawyer at the Firm, please communicate with one of the Firm’s lawyers in person or by telephone–not by filling in any form on this website or by sending an unsolicited email to the Firm or any of its lawyers.

No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems..

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