WE HAVE EXPANDED OUR GLOBAL PRESENCE!
At POTENTE, our entire team has worked very hard to spread our global presence. Whether it be our global network of colleagues and clients, or a physical presence in global locations such as Mexico City and Tokyo, our global outreach is a primary objective of our firm. We firmly believe...
Trademark Trolls and Re-Branding
Are you thinking about re-branding your business? In the United States, trademark protection follows the concept of "use it or lose it" - when considering re-branding, it is important to remember that "trademark trolls" may be able to claim your intellectual property even if you have a registered trademark. This...
How You Can Help the San Diego Craft Beer Industry
San Diego is the craft beer hub of the US. It’s one of the things that makes San Diego so unique. With the customer service industry taking the brunt of the COVID-19 economic slowdown, local breweries find themselves in an incredibly tough position. POTENTE is a huge supporter of this...
U.S. Supreme Court Validates Contraceptive Mandate Exemption for Religious Employers
On July 8, 2020, the United States Supreme Court ruled that the provision in the Patient Protection and Affordable Care Act of 2010 (ACA) that exempts employers with religious and conscientious objections from providing employees healthcare coverage for contraception, is lawful. After the ACA was passed, the final rules required...
U.S. Supreme Court Extends Title VII Coverage to Gay and Transgender Employees
On June 15th, the United States Supreme Court ruled Title VII of the Civil Rights Act of 1964 extends to gay and transgender workers. In a 6-3 decision, the Court held that along with race, color, national origin, religion and sex, employers are now prohibited from discriminating based upon an...
A Message RE: COVID-19 from POTENTE
A message to our global community, The health, safety, and well-being of the POTENTE team, our clients, and the communities in which we live is the most important consideration today and always. As we cope with the ever-changing circumstances related to COVID-19, we believe we have to take unprecedented steps...
CALIFORNIA CONSUMER PRIVACY ACT
TheCalifornia Consumer Privacy Act (CCPA), enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. The CCPA took effect on January 1, 2020 and is one of the most significant regulations overseeing the data-collection practices of companies...
TRANSPARENCY IN SOCIAL MEDIA MARKETING
When you wake up in the morning, what is the first app you open on your phone? Most likely, if you are not checking your emails, you are tuning into Instagram, Facebook, Twitter, Snapchat, Pinterest, or other social media platforms. While most people use social networks for leisure activities and...
IMPORTANT LEGAL UPDATES RE: CALIFORNIA ASSEMBLY BILL AB-5 – CLASSIFICATION OF EMPLOYEES AND INDEPENDENT CONTRACTORS
On Wednesday, May 29, 2019, the California State Assembly passed AB-5, a bill that impacts the classification of workers, making it more difficult for companies to classify workers as independent contractors instead of employees. The bill instructs businesses to determine worker classification by using the “ABC test” from the 2018...
EMPLOYEE OR INDEPENDENT CONTRACTOR? – CALIFORNIA ADOPTS MORE RESTRICTIVE “ABC” TEST
Just before the world celebrated May Day, an international day honoring workers, the California Supreme Court changed how independent contractors are classified under state law. This law may affect many industries that routinely rely on the independent contractor classification for its workers. In deciding Dynamex Operations West, Inc. v. Superior Court, the...
THE IMPORTANCE OF WORKER CLASSIFICATION: EMPLOYEES VS. INDEPENDENT CONTRACTORS
Many companies know that it is important to accurately classify their workers. Whether someone is an employee or independent contractor can have significant impacts on a company and how it does business. Classifying workers as employees requires that the employer abides by local, state, and federal laws regarding minimum wage,...
SHOULD YOUR BUSINESS CONSIDER BECOMING A BENEFIT CORPORATION?
In 2010, Maryland became the first state to authorize benefit corporations. Since then, thirty-one states, including California, have passed benefit corporation laws, making it the most successful social purpose entity in terms of its widespread acceptance amongst companies and legislatures. The primary aspect of the benefit corporation which makes it...