Shulman Hodges & Bastian LLP

January 2017 Archives

The California Supreme Court Prohibits On-Call and On-Duty Rest Periods

On December 22, 2016, the California Supreme Court addressed , in Augustus v. ABM Security Services, Inc., 2016 WL 7407328 (Cal. Dec. 22, 2016), whether California law requires employers to provide employees off-duty rest periods, and whether such requirement permits employers to require that employees remain on-call during rest periods. Specifically, the Augustus Court considered whether defendant employer's requirement that its security guard employees carry radios during rest breaks violated California Law.

Top 5 Things You Should Consider in Your Founders Agreement By Andrew Lee of Shulman Hodges & Bastian LLP on January 10, 2017

A Founders Agreement is an agreement between the cofounders that outlines important terms. Having a Founders Agreement from the outset will provide the founders with a clear understanding of what to expect when the company truly begins to operate.

Be Careful Representing Debtors in the Gap Period of an Involuntary Bankruptcy Filing

Attorneys representing debtors faced with an involuntary petition may have a difficult time getting paid for their fees incurred in the "gap" period from the bankruptcy estate. Further, even if counsel is paid by the debtor and need not seek payment from the bankruptcy estate, the court will examine the fees paid under Section 329 of the Bankruptcy Code for reasonableness.

The first thing to do when defending a lawsuit

There's a reason why companies send demand letters whenever they feel like their legal rights are being violated: no one likes being in a lawsuit. Besides the natural animosity that comes with bringing suit against an entity, the costs of litigation can be annoying at the lightest and devastating at the greatest.

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