Why California Employers Must Give Paid Sick Leave [e91]

September 8, 2014

Nasir and Matt kick off the week by talking about the newly introduced legislation that will require California employers to give all employees paid sick leave. They then answer the question, “Can someone claim trademark infringement if my name is similar to theirs but I pronounce it differently?”

Full Podcast Transcript

NASIR: Welcome to Legally Sound Smart Business. This is your host and co-host, Nasir Pasha.

MATT: And your other co-host, Matt Staub

NASIR: Yes, and welcome to our business legal podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com and don’t forget to follow us on Twitter at @askbizlaw. Just follow us there and you can also ask your questions there.

MATT: It’s the Monday following the first weekend of the NFL which I know you actually watch from time to time.

NASIR: Yeah, I missed the Thursday night games but I do plan on catching the Sunday games that have already occurred by the time of this listening.

MATT: We should have some sort of side proposition where I’ll take San Diego even though I’m not really a Chargers fan but I’ll take San Diego and you can take the Texans and we’ll see who gets more wins.

NASIR: Neither of them had a good season last year but I’ll watch the Chargers game tonight – or Monday night, I should say.

MATT: Oh, yeah, I forgot it is on Monday night. This will be airing the day of.

NASIR: I am a Chargers fan. Speaking of the Chargers, San Diego, huh? And California, doing some crazy stuff with paid sick leave.

MATT: I should probably be the one that sticks to the tie-ins but that’s okay.

NASIR: I know.

MATT: But, yeah, this is pretty big. I mean, we typically don’t talk about these sort of things unless they’re really big and they’re going to have a big effect. This is going to have a big effect.

NASIR: Huge.

MATT: But the actual number of sick days that people are going to get isn’t that many but it is going to have a huge effect for employers. Basically, starting July 1st 2015, employees in California are going to be entitled to up to three paid sick days per year. And so, I believe it can start accruing now, right?

NASIR: Oh, that’s a good question – whether it starts accruing. I’m not even sure. I didn’t even think it would. I thought the law doesn’t go into effect until next year.

MATT: I thought I read that it starts accruing some time this year but I guess I said it wasn’t a huge effect necessarily but, you know, looking at the stats, 44 percent – this basically is going to affect 44 percent of employees in California. I guess those are the ones who are not getting this paid sick leave. Let’s think about the number of employees in the state and 44 percent of them. That’s a huge number overall.

NASIR: Yeah, absolutely. I mean, this is actually pretty huge to make it a state-wide law. I think there is one other state, I think it’s Connecticut, that would be the other state that has a state-wide sick leave and I mentioned San Diego because they just passed their own which was back this last summer and I think that paid sick leave goes into effect April 2015 – a little bit earlier – but I think their sick leave Is not dissimilar to this. I think it’s the same amount of accrual. I think there’s a different cap on it but, other than that, it’s very, very similar and, just to mention it, that was also the same provisions that also increase the minimum wage in San Diego above the state minimum wage starting January 1st in 2015 to $9.75. This is pretty big, I think. I think this is, again, another trend that will go across from California to other states as well – Connecticut being the first and San Francisco and other cities have already had local laws for that but I can really see this spreading to other states as well.

MATT: It definitely will and I don’t want to downplay that it’s not significant because it obviously is but I think, for the individual businesses – obviously, the ones that have hundreds of employees, I would think they probably have some sort of paid sick leave policy in place or a lot of them do anyway. I’m thinking this is more smaller companies and, you know, three days per person per year is not that big but I think the big consequence for these smaller companies is going to be the vendors that they work with or the suppliers and they’re going to have the same sort of thing come into play and they’re going to have to raise their cost which will in turn end up hurting these smaller businesses because the costs are going to go up for them. I think that’s where it’s going to hurt more than actually having to give people three paid sick days per year.

NASIR: You’re right about that. The one-hour per thirty hours, first of all, you can cap it at six days or 48 hours. Six days per year, I mean, if you think about it, that’s not that much and that’s pretty much very comparable to what most employers pay, and you did mention some businesses will still be affected but I would think that any sizable business can expect some kind of sick pay. Again, this applies to pretty much all employees that work for 30 days or more and they begin accruing the days after their 90th day of employment – basically, after three months of employment. That’s also pretty common in other paid sick leave requirements as well.

MATT: Yeah, exactly. Like you said, this is kind of the first. Well, California’s the second state to do this state-wide but I think we’re going to see a similar thing in other states and maybe over time this could even expand into more days – who knows? But it’s pretty… I didn’t want to say earth-shattering but it’s big news.

NASIR: Huge – probably the biggest news that we’re heard ever.

MATT: I’m glad you’re blown away by it.

NASIR: I do think it’s interesting. We’re not going to talk about it today but it also starts me thinking about minimum wage. It starts me thinking about all the fast food workers that were arrested this week for protesting across the nation for trying to fight for higher minimum wage for their fast food work and so forth. For those employers that are employing employees in this kind of racket at minimum wage category, you don’t provide sick leave, you don’t provide certain benefits or minimal benefits, you’re going to be affected in the next few years and you have to start thinking about how this is going to affect your bottom-line, how you’re going to make adjustments, and some people may say that it’s California or this state or the other but this is kind of something going on on a national basis. Obviously, California is one of the first to do this – or the second, I should say, on a state-level but I think this is going to keep going over and over again and expanding.

MATT: Right. We talked about the fast food workers’ minimum wage a long time ago, right? The protests?

NASIR: Right, but it’s coming up again this last week, yeah.

MATT: We shall keep an eye on it.
[MUSIC]

MATT: Now, we get into our question of the day.
“Can somebody claim trademark infringement if my name is similar to theirs but I pronounce it differently?”
Interesting. I think what we can start off with is whether there’s some sort of likelihood of confusion. I think that’s a good place to start. We don’t know what the names are in this situation so it’s kind of hard to answer but we’ll do the best we can or you’ll try to come up with something clever and we can’t.

NASIR: Yeah, I think likelihood of confusion is a perception of the consumer. You have to look it in to that perspective. Sometimes, I can think of an instance perhaps that the pronunciation may be different but not have a likelihood of confusion because both of them are in completely different sectors of industry or something to that effect and maybe the actual trademark or logo looks a little bit different. But, I don’t know… to me, if they’re spelled the same, then I think most people would have confusion between the two. It reminds me of Cisco. Whenever I saw Cisco – they do semiconductors and electronic and computer parts and stuff like that, at least they used to, I’m sure they still do – I used to think Cisco oil, but they’re completely different marks, you know?

MATT: That’s true. Like you said, we don’t know what the actual names are in this instance but there’s a recent case that occurred here where there was some sort of confusion and it was over Armor Stone versus what ended up being Stanshield but Armor Stone was saying it was Stone Shield and that’s where the infringement, there was too much confusion there. What ended happening was the ruling was no correct pronunciation for trademarks that are unrecognized words.
If that’s the instance here where the name looks similar but it is pronounced differently because it’s not an actual word or an unrecognized word, then maybe you might be okay in that instance. Well, coming back to this question that we don’t know what the words are, but that’s just one consideration to take in, and I think you’re right with looking at how likely it is to confuse someone and it’s obviously a case-by-case basis.

NASIR: Yeah, and the appellate court said that the federal circuit made a mistake by only giving minimum weight to the pronunciation of the actual mark. I’m thinking about that – should the pronunciation make a difference and does that have a role in the likelihood of confusion? The problem is that, in media, that’s received visually a mark is something that’s received visually. Well, I suppose a mark could be received otherwise but, to me, I think traditionally, a mark is something that’s an image or a piece of text and how it’s pronounced doesn’t seem like it makes a big difference to me. I think it’s still going to matter how it’s used and which context and whether that’s going to cause likelihood of confusion.

MATT: I’m not sure how much it matters either but I would think pronunciation matters more for a word than a logo.

NASIR: Yeah, that’s definitely true.

MATT: That’s my expert opinion.

NASIR: Agreed.

MATT: I don’t know if we answered this question but that’s all we can really say.

NASIR: Well, I think, if they’re depending upon the trademark and it’s spelled the exact same way as the other but it’s pronounced differently, I don’t think that’s enough.

MATT: Right, if that’s the case, then I agree.

NASIR: Yeah, I mean, just to be safe at least.
The objective here is not to become an appellate court case. Do you want to spend the money to fight this and so forth? You want to be in the clearest way possible though there may be instances where two marks mean the same with different pronunciations may be different but it’d have to be on a case-by-case basis.

MATT: Exactly. That’s all I have.

NASIR: All right, exactamundo. All right. Thanks everyone for joining us and don’t forget to leave some iTunes reviews for our podcast. If you can leave a little review or just vote for five stars then that’d be really helpful and really great for us. All right, thanks for joining us.

MATT: Keep it sound and keep it smart!

Legally Sound | Smart Business

By

The Podcast Where Nasir Pasha and Matt Staub cover business in the news with their legal twist and answer business legal questions that you the listener can send it to info@legallysoundsmartbusiness.com.

Get Business Legal Updates

Please provide your full name.
Please provide a valid email address.
We respect your privacy, and we will never share your information. Unsubscribe at any time.
Legally Sound Smart Business cover art

Legally Sound Smart Business

A business podcast with a legal twist

Legally Sound Smart Business is a podcast by Pasha Law PC covering different topics in business advice and news with a legal twist with attorneys Nasir Pasha and Matt Staub.
Apple Podcast badge
Google Podcast badge
Spotify Podcast badge

Latest Episodes

October 12, 2021

In our latest episode, Nasir and Matt are covering the legal issues on Social Media. The average person spends most of their day on social media, whether they are scrolling for hours or publishing their own content. However, just because you publish your own content on Instagram does not equate to you owning that image….

September 28, 2021

What is a Non-Disclosure Agreement, and when do I need one? In this episode, Nasir and Matt shares why you need to use Non-Disclosure Agreements, basic facts about NDA’s, and discuss about the infamous Jenner-Woods story. Having the right Non-Disclosure Agreement in place not only protects you and your business, but it also makes the…

July 14, 2021

Through a five-round championship bout, Matt travels to Texas from California to determine which state is better for business. Will it be a knockout with a clear winner or will it go to the scorecards?

June 16, 2021

Covered in this episode of Legally Sound Smart Business are some typical business mistakes blunders small businesses often make and how to avoid them. Blunder #1: Copying and pasting agreements It may sound like a good idea at the time, but this blunder comes with hidden pitfalls. Having an attorney draft terms that are specific…

February 4, 2021

How you terminate an employee can make the difference between a graceful transition to avoidable negative outcomes like a dramatic exit or even a lawsuit. We gathered a panel of experts and asked them – is there a “right way” to fire an employee? We would like to thank our guests for this episode: Amr…

December 2, 2020

The COVID-19 pandemic has turned nearly every aspect of life on its head, and that certainly holds true for the business world. In this episode, Matt and Nasir explain how the early days of the pandemic felt like the Wild West and how the shifting legal playing field left a lot open to interpretation and…

November 16, 2020

After plenty of ups and downs, our buyer has finally closed on the purchase of their business. While we’re marking this down in the ‘wins’ column, it never hurts to review the game tape. In this final episode, our hosts, Matt Staub and Nasir Pasha, return to the deal almost a year later to reflect…

September 15, 2020

The ink is drying on the signature line and things are looking great for our buyer. After so much hard work, the finish line is in sight and the cheering within ear shot.   Though the landlord is still serving friction, things seem safe to move forward and for now, our buyer will be keeping…

July 31, 2020

Though things are coming along well, the journey would not be interesting if it was purely smooth sailing. After our buyer opens escrow, they are forced to push the closing date back when suddenly a letter from an attorney was received claiming the business, we are buying has a trade mark on the name!  Now…

June 12, 2020

With frustration at an all-time high and professionalism at an all-time low, our friend the Buyer has “had it” with the Seller and quite frankly their lack of knowledge. At present our Buyer is rightfully concerned that the latest misstep from our loose-lipped Seller will threaten not only the entire operation of the businesses but…

May 11, 2020

As we go deeper into the buying process, we start to uncover more challenges from our seller and encounter some of the wrenches they are tossing our way. When we last left off in episode three our team was knee deep in due diligence for our buyer, had already penned and signed the Letter of…

April 4, 2020

One word–interloper! When a new mysterious broker enters the transaction and starts to kick up dust, Nasir and Matt take the reins. The seller signed off on the letter of intent (see episode 2), yet this “business broker” serves only friction and challenges by refusing to send financials, whilst demanding more of a firm commitment…

April 4, 2020

Just as most stories and deals start out, everyone is optimistic, idealistic and full of hope for clear skies. It’s a perfect outlook with a perfect setup for the ups and downs yet to come. Peek further behind the curtain and into the first steps of buying a business: the letter of intent. After the…

April 4, 2020

When a savvy buyer hears opportunity knocking to purchase a prime positioned business, she decides not to go it alone and taps in the professionals to help navigate what could potentially be a fruitful acquisition. “Behind the Buy” is a truly rare and exclusive peak into the actual process, dangers, pitfalls and achievements, that can…

August 7, 2019

GrubHub is subject to two “matters of controversy” that have likely become common knowledge to business owners: “fake” orders and unfriendly microsites.

May 28, 2019

In this podcast episode, Matt and Nasir breakdown the legal issues of the subscription industry’s business on the internet. Resources A good 50-state survey for data breach notifications as of July 2018. California Auto-Renewal Law (July 2018) Privacy Policies Law by State Why Users of Ashley Madison May Not Sue for Data Breach [e210] Ultimate…

March 12, 2019

In recording this episode’s topic on the business buying process, Matt’s metaphor, in comparing the process to getting married probably went too far, but they do resemble one another. Listen to the episode for legal advice on buying a business.

December 3, 2018

Nasir and Matt return to discuss the different options available to companies looking to raise funds through general solicitation and crowdfunding. They discuss the rules associated with the various offerings under SEC regulations and state laws, as well as more informal arrangements. The two also discuss the intriguing story about a couple who raised over…

July 24, 2018

Flight Sim Labs, a software add-on creator for flight simulators, stepped into a PR disaster and possibly some substantial legal issues when it allegedly included a Trojan horse of sorts as malware to combat pirating of its $100 Airbus A320 software. The hidden test.exe file triggered anti-virus software for good reason as it was actually…

April 17, 2018

Attorneys Matt Staub and Nasir Pasha examine Mark Zuckerberg’s congressional hearings about the state of Facebook. The two also discuss Cambridge Analytica and the series of events that led to the congressional hearings, the former and current versions of Facebook’s Terms of Service, and how businesses should be handling data privacy. Full Podcast Transcript NASIR:…

March 10, 2018

The Trump presidency has led to a major increase in ICE immigration enforcement. It’s critical for business owners to both comply with and know their rights when it comes to an ICE audit or raid. Nasir, Matt, and Pasha Law attorney Karen McConville discuss how businesses can prepare for potential ICE action and how to…

February 5, 2018

New years always bring new laws. Effective January 1, 2018, California has made general contractors jointly liable for the unpaid wages, fringe benefits, and other benefit payments of a subcontractor. Nasir and Matt discuss who the new law applies to and how this affects all tiers in the general contractor-subcontractor relationship. Click here to learn…

January 2, 2018

With a seemingly endless amount of new mattress options becoming available, it is unsurprising that the market has become increasingly aggressive. As companies invest in more innovative solutions to get in front of customers, review sites, blogs and YouTube videos have moved to the forefront of how customers are deciding on their mattresses and how…

December 7, 2017

In recent months explosive amounts of high profile allegations of sexual harassment, assault, and varying acts of inappropriate behavior have transcended every sector of our professional world. With a deluge from Hollywood and politics, and the private workforce, accusations have inundated our feeds and mass media. This harassment watershed has not only been felt within…

November 16, 2017

If you are not familiar with the EB-5 program started in 1990 to give green cards to certain qualified investors in the United States, then you may not have been alone a few years ago. Currently, the EB-5 program has since exploded since its inception and now hits its quotas consistently each year. The program…

October 10, 2017

Government requests come in multiple forms. They can come in as requests for client information or even in the form of investigating your company or your employees. Requests for Client Information General Rule to Follow Without understanding the nuances of criminal and constitutional law and having to cite Supreme Court cases, any government requests for…

August 24, 2017

Nasir and Matt suit up to talk about everything pertaining to employee dress codes. They discuss the Federal laws that govern many rules for employers, as well as state specific nuances in California and other states. The two also emphasize the difficulty in identifyingreligious expression in dress and appearance, how gender-related dress codes have evolved…

June 28, 2017

Nasir and Matt discuss the life cycle of a negative online review. They talk about how businesses should properly respond, how to determine if the review is defamatory, the options available to seek removal of the review, how to identify anonymous reviewers, whether businesses can require clients to agree not to write negative reviews, and…

June 7, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Mattbreak down social media marketing withguests Tyler Sickmeyer and Kyle Weberof Fidelitas Development. They first discuss contests and promotionsand talk about where social media promotions can go wrong,when businesses are actually running an illegal lottery, and the importance of a soundterms and conditions. Next, they…

April 3, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Matt go in depth with the subscription box business. They discuss where subscription box companies have gone wrong(4:30), the importance of a specifically tailored terms and conditions(6:30), how to structure return policies (11:45), product liability concerns (14:45),the offensive and defensive side of intellectual property (19:00),…

February 1, 2017

Nasir and Matt discuss the suit against Apple that resultedfrom a car crashed caused by the use of FaceTime while driving. They also discuss howforeseeable use of apps can increase liability for companies. Full Podcast Transcript NASIR: Hi and welcome to Legally Sound Smart Business! I’m Nasir Pasha. MATT: And I’m Matt Staub. Two attorneys…

January 5, 2017

The guys kick in the new year by first discussing Cinnabon’s portrayal of Carrie Fisher as Princess Leia soon after her death, as well as other gaffes involving Prince and David Bowie. They alsotalk about right of publicity claims companies could be held liable for based on using someone’s name or likeness for commercial gain.

December 22, 2016

Nasir and Matt discuss the recent incidentat a Victoria’s Secret store where the store manager kicked out all black women after one black woman was caught shoplifting. They then each present dueling steps businesses should take when employees are accused of harassment.

December 8, 2016

Nasir and Matt return to talk about the different types of clients that may have outstanding invoices and how businesses can convert unpaid bills to getting paid.

November 10, 2016

After a long break, Nasir and Matt are back to discuss a Milwaukee frozen custard stand that is now revising it’s English only policy for employees. The guys also discuss how similar policies could be grounds for discrimination and what employers can do to revise their policies.

October 6, 2016

The guys discuss the new California law that allows actors to request the removal of their date of birth and birthdays on their IMDB page and why they think the law won’t last. They also discuss how age discrimination claims arise for business owner.

September 29, 2016

Nasir and Matt discuss the racial discrimination claims surroundingAirbnb and how it’s handled the situation. They also discuss some practical tips for businesses experiencing similar issues.

September 8, 2016

Nasir and Matt discuss whyAmazon seller accounts are getting suspended and banned without notice and how business owners can rectify this situation through a Corrective Action Plan.

August 25, 2016

Nasir and Matt talk about the accusations surroundingfashion giant Zararipping off the designs of independent artists like Tuesday Bassen and howsmaller companies can battle the industry giants.

August 18, 2016

Nasir and Matt discuss Brave Software’s ad replacing technology that has caught the eye of almost every national newspaper and has a potential copyright infringement claim looming. They also welcome digital marketing expert Matt Michaelree to speak on the specifics of what Brave is attempting to do and whether it has the answers moving forward.

July 28, 2016

Nasir and Matt discuss the sexual harassment lawsuit filed by Gretchen Carlson against Fox CEO Roger Ailes. They also talk aboutthe importance of sexual harassment training and properly handling such allegations in the office.

July 15, 2016

Nasir and Matt talk about the changes at Starbucks that have led to many disgruntled employees and customers.

June 23, 2016

Nasir and Matt discuss the criminal charges facing FedExinvolving the alleged transportation of illegal drugs. They also talk about how business owners should address working with customers that may be breaking the law.

June 15, 2016

The guys return after a long break to discuss why Yahoo is auctioning off over 3,000 patents and how this decision will affect the longevity of the company.

May 25, 2016

Nasir and Matt discuss the increase in the salary thresholdfor exempt employees and how employerscan try to avoid paying overtime as a result.

May 18, 2016

Nasir and Matt discuss the Baltimore law that makes it very difficult to operate food trucks in the city. They also discuss all the legal restrictions tohaving a food truck.

May 11, 2016

Matt listens to Nasir recap the developing battle in his hometown of Vandalia, Ohio over whether a Dunkin Donuts can move into a location in close proximity to a local favorite donut shop. They then discusswhether the issue is more legal or personal.

May 9, 2016

The guys kick off the week by discussing a Nevada employee who is claiming she was fired for not supporting the Scientology beliefs of her employer.

April 27, 2016

The guys discuss the massive floods in Houston,how employers responded, and why one meteorologist became a local hero. They also discuss the steps businesses should take in preparing for storms outside the workplace.

April 20, 2016

The guys discuss the boycott of Amazon over the products of an unnamed presidential candidate. They also talkabout how a business should handle a boycott and whether it’s possible to exit one unscathed.

We represent businesses.
That’s all we do.

Oh, and we love it.

We love our work. We love reviewing that lease for your new location. We thrive on closing that acquisition that nearly fell through. We’re fulfilled when we structure a business to grow, raise capital, and be legally protected.

We focus on developing close relationships with our clients by being like business partners. A partner who provides essential, personalized, proactive legal support.

We do all of this without utilizing the traditional billable hour model. You pay for the value we bring, not the time spent on calls, emails, and meetings.

Our team is made up of attorneys and staff that share these values and we are retained by clients who want the same.

Pasha Law PC operates in the states of California, Illinois, New York, and Texas.

Meet Our Team

Fractional General Counsel Services

Pasha Law Select offers the expertise of a high-end general counsel legal team for every aspect of your business at a fixed monthly rate. Pasha Law Select is deliberately designed to allow our legal team to be proactive, to anticipate, and to be comprehensive in serving our clients. To be great lawyers, we need to know our clients. We can’t know our clients unless we represent a select number of clients in the long-term. This is Pasha Law Select.

Learn More