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How AI in Hiring Can Create Legal Exposure, and What to Do About it

Artificial intelligence tools have become increasingly popular among employers seeking efficient ways to manage high volumes of job applications. These technologies promise to streamline recruitment but also carry significant legal Read More

Spotting Hidden Pitfalls in Everyday Business Contracts

Businesses may sign contracts that are based on standard templates, vendor-supplied forms or generic boilerplate language, perhaps assuming these are tried-and-true and low-risk agreements. Yet, standard doesn’t mean safe. In Read More

Avoiding Common Mistakes After an Employee Alleges Retaliation

Retaliation is among the most frequently alleged legal violation facing employers today. According to the Equal Employment Opportunity Commission (EEOC), unlawful retaliation is the most common charge filed nationwide. An Read More

Smart Dispute Resolution Clauses Can Stop Conflicts Before They Start

In the world of commercial contracts, few provisions are as overlooked or as powerful as the dispute resolution clause. Far from being boilerplate, this section of a contract often determines Read More

How Companies Can Navigate California’s Climate Disclosure Rules

Motivated by the urgent need to address climate risk, the California legislature has enacted sweeping measures that require companies to provide detailed accounts of their environmental impact and risk exposure. Read More

How California Businesses Can Avoid Misclassification of Employees

Companies sometimes seek to classify certain workers as independent contractors instead of employees in attempts to exempt them from state and federal labor requirements, such as minimum wage, overtime pay, Read More

What Employers Need to Know About California’s Non-Compete Ban

California is one of the nation’s fiercest opponents of non-compete clauses in employment contracts. Business & Professions Code §16600, which harkens back to 1872, declares that “every contract by which Read More

AI Is Reshaping Workplace Investigations, and Employers Should Beware

Artificial intelligence (AI) is rapidly transforming how workplace investigations are conducted. Employers are deploying AI-powered tools to monitor employee communications, flag potential misconduct and support human resources and legal teams Read More

What California Employers Need to Know About New Laws Effective 2026

Beginning on January 1, 2026, California employers will be required to comply with a slate of new laws that affect employment practices and regulatory obligations. These include prohibition of certain Read More

Silver Tsunami- Baby Boomers and Business Sales

This last week, I was honored to present on a panel that addressed the “Silver Tsunami” that is coming in that baby boomer business owners who have made no plans Read More

Novel Litigation Brought Against Workday on the Use of Artificial Intelligence in Hiring

Melinda Garcia appeared as a legal commentator on novel litigation brought against Workday on the use of artificial intelligence in hiring.  The article also focused on the future use of Read More

How LLCs Can Use Equity Compensation to Advance Business Interests

Equity compensation is a strategic approach to remuneration that involves granting ownership stakes in a company. This method is particularly prevalent in startups and expanding businesses where there may be Read More

When Arbitration Agreements Fail: Key Lessons from Velarde v. Monroe Operations, LLC

When Arbitration Agreements Fail: Key Lessons from Velarde v. Monroe Operations, LLCJune 2025 | Employer Advisory Arbitration remains a cornerstone strategy for employers seeking to manage workplace disputesefficiently and privately. However, Read More

Developing an Effective Harassment Prevention Training Program

Creating a training program aimed at preventing harassment in the workplace is crucial for any company, especially in California, where state laws mandate such training. A well-structured program not only Read More

The Value of Non-disclosure Agreements in Selling a Business

Non-disclosure agreements (NDAs) play a pivotal role in safeguarding the interests of the seller in a business sale transaction. An NDA establishes a confidential relationship between the seller and potential Read More

How Employer Conduct Can Create Implied Contracts With Employees

Most workers in California are employed at will, which means they can be fired at any time for most any reason. They generally have no contractual right to keep their Read More

Viewing 1 - 16 out of 234 posts

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