Each year, the California Legislature adopts (subject to the Governor’s approval) somewhere between 500 and 1000 new laws which affect smaller businesses (and that includes most of the readers of this newsletter).
Some of those laws are relatively minor changes or additions. Some affect only particular types of businesses, or particular industries. Some affect only businesses having more than a specified number of employees. Some include grandfathering provisions, making them applicable only for new businesses.
Some will have notification provisions such that you will learn about them by some sort of communication from a government agency. Nonetheless, you are expected to be aware of, and comply with, all new laws, whether you are notified by a government agency or not.
Remember that “ignorance of the law is no excuse” remains valid.
In addition, businesses must face an uncertain number of regulations, policies, exceptions and other factors which have the same effect as statutory law, or nearly so.
And if that isn’t enough, some agencies have the power to perform both the “legislative” as well as the “judicial” function. What we are referring to as the “judicial” function is the initial decision as to whether a law or regulation has been violated, which can be adjudicated in many situations by an Administrative Law Judge who works for and within the agency responsible for enforcement of various laws and regulations. What? You say you thought the “judiciary” was supposed to be independent of the prosecutor? Dream on!
So how is the beleaguered small-business owner to keep track? It is not your attorney’s job to keep you advised. Your counsel may not even be fully aware of all aspects of your business, and hence may have no easy or cost-effective way to provide you with such advice.
Our recommendation: join the California Chamber of Commerce (just a few hundred dollars a year), and diligently review their ALERT newsletter (published weekly by email).
That newsletter, and the other resources provided by the Chamber to its members, are among the best values you’ll ever find. They also provide one of the easiest and lowest-cost approaches available to help you avoid statutory and regulatory violations which could cause you considerable distraction and large costs if left to discover them on your own.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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