FAQs Archive - Smith Dollar Attorneys at Law

Q: When should a growing business consult an employment attorney?

Before each material change: a hiring wave, a reclassification, a new policy, a handbook revision, an arbitration agreement update, or a transition past 5, 15, 25, or 50 employees. Early consultation is consistently less costly than litigation defense.

Q: Does an arbitration agreement still reduce PAGA exposure after Adolph v. Uber?

In some circumstances, yes. Individual PAGA claims may be compelled to arbitration, while non-individual claims often remain in court. Agreements drafted before Viking River and Adolph should be reviewed.

Q: What documents are required at hire for a non-exempt California employee?

At minimum, a written offer letter, a Wage Theft Prevention Act notice under Labor Code § 2810.5, Form I-9, federal and state withholding forms, a sick leave policy notice, and a handbook acknowledgment.

Q: How often should a California employer audit wage statements?

Quarterly review is recommended for growing employers. Labor Code § 226 imposes statutory penalties for defective wage statements, and a single error can affect many employees over multiple pay periods.

Q: What is the biggest classification mistake growing California employers make?

Treating workers as independent contractors without satisfying the ABC test in Labor Code § 2775. The statutory presumption favors employee status, and misclassification can produce wage, tax, benefits, and PAGA exposure at the same time.

Q: At what employee count do California harassment prevention training requirements apply?

SB 1343 requires employers with 5 or more employees to provide harassment prevention training. Supervisors receive 2 hours, non-supervisors receive 1 hour, and training repeats every two years.

Q: How Can a Business Lawyer Help Prevent Litigation?

A business lawyer can help identify potential legal risks before disputes arise by reviewing contracts, advising on compliance, improving governance practices, and helping businesses address issues proactively.

Q: What Types of Businesses Do You Represent?

Smith Dollar works with startups, small businesses, mid-sized companies, entrepreneurs, and established corporations across a variety of industries throughout Northern California.

Q: Can a Business Attorney Help With Contracts?

Yes. A business attorney can draft, review, and negotiate contracts involving vendors, employees, partnerships, customers, leases, and other agreements to help protect your business interests.

Q: When Should a Business Hire a Business Lawyer?

Businesses should consult a lawyer when forming a company, negotiating contracts, handling employment issues, resolving disputes, or preparing for major transactions. Early legal guidance can help prevent costly legal complications later.

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FAQs

When should a growing business consult an employment attorney?

WSI Unibit Analytics2026-08-05T05:36:59-08:00August 5, 2026|

Does an arbitration agreement still reduce PAGA exposure after Adolph v. Uber?

WSI Unibit Analytics2026-08-05T05:36:34-08:00August 5, 2026|

What documents are required at hire for a non-exempt California employee?

WSI Unibit Analytics2026-08-05T05:36:14-08:00August 5, 2026|

How often should a California employer audit wage statements?

WSI Unibit Analytics2026-08-05T05:35:49-08:00August 5, 2026|

What is the biggest classification mistake growing California employers make?

WSI Unibit Analytics2026-08-05T05:35:26-08:00August 5, 2026|

At what employee count do California harassment prevention training requirements apply?

WSI Unibit Analytics2026-08-05T05:35:01-08:00August 5, 2026|

How Can a Business Lawyer Help Prevent Litigation?

WSI Unibit Analytics2026-07-20T00:53:17-08:00July 20, 2026|

What Types of Businesses Do You Represent?

WSI Unibit Analytics2026-07-20T00:52:57-08:00July 20, 2026|

Can a Business Attorney Help With Contracts?

WSI Unibit Analytics2026-07-20T00:52:43-08:00July 20, 2026|

When Should a Business Hire a Business Lawyer?

WSI Unibit Analytics2026-07-20T00:52:26-08:00July 20, 2026|

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Smith Dollar is a full-service law firm located in downtown Santa Rosa, in the heart of California’s Wine Country.

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