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A benefit corporation must adopt the purpose of creating general public benefit, which is defined as a material positive impact on society and the environment. A benefit corporation may also adopt a specific public benefit from a list of seven categories identified in the bill. In carrying out their fiduciary duties, directors are permitted to consider the best interest of the benefit corporation, which is deemed to include the impact on employees, customers, shareholders, the community and society, and the environment.

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Effective January 1, 2012, employers are required to provide non-exempt persons with written notification concerning their wages. The Labor Commissioner is in the process of completing a form for this purpose. Prudence would dictate that until a form is available, the required information contained in California Labor Code Section 2810.5 be included in an offer letter, confirmation-of-employment letter or some other similar written communication to a new hire. It may also be prudent to provide the same notice to current employees and exempt employees.

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