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7041 Koll Center Parkway, Suite 240 | Pleasanton, California 94566
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Partners, Partnerships, and the Sinkable Boat

Q:  What’s the only ship that is sure to sink? A:  A partner-ship Well, not necessarily, but at least once several times a month, a new client will come into my office asking me to help them “unload” a bad partner.  So, I am often asked, “Am I the only one to go through this?”  Read More

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Why Should I Care About The Dynamex Decision?

Many California business owners have used independent contractors in an effort to grow their businesses and keep cost down.  Many businesses have used independent contractor arrangements in an effort to “retire” an employee such that the former employee will provide consulting agreements. On April 30, 2018, the California Supreme Court issued its decision in Dynamex Operations Read More

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Employees Must Be Paid for Work Off the Clock

On Thursday, July 26, 2018, the Supreme Court of California issued its ruling in Troester v. Starbucks Corporation, No. S234969, 2018 WL 3582702, which held that California employees must be paid for all hours worked “off the clock,” including small time periods, which is a deviation from the federal law’s employer-friendly “de minimis” rule. What Read More

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Employers Can (in Certain Situations) Legally Impose On-Premises Meal Periods

Since Brinker Restaurant Corp. v. Superior Court, California employers have taken great strides in ensuring its employees are provided their daily meal and rest breaks and some California employers have learned the hard way that failure to provide such breaks can expose them to costly penalties and damages. A win for employers came recently when Read More

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Employer Unintentional Failure to Ensure Wage Statements Comply with the CA Labor Code Can Equate to Costly Penalties Under PAGA

It goes without saying, being an employer is California is tough. There are countless laws in California pertaining to employee wages that must be complied with or the employer may be subject to significant penalties. Employers should be on notice that due to a recent decision of the California Court of Appeals, no intent or Read More

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Use of Past Salary Justification for Pay Disparity Says California Court

California’s Ninth Circuit reversed a district court ruling in Rizo v. Yovino that held that an employer violated the Equal Pay Act because of its bright-line policy rule of paying new employees 5% more than their prior salaries. The district court agreed with the Equal Employment Opportunity Commission (EEOC), finding that basing compensation on an Read More

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How to respond to a government audit of your employment records

You may have seen the recent headlines about Google – they successful fought a request by the federal government, Office of Federal Contract Compliance Program (“OFCCP”), for the contact information for 25,000 employees! The OFCCP audits federal government contractors to ensure compliance with federal discrimination laws.  As a federal government contractor, Google spent $500,000 (for Read More

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What to Do When an Employee Sues You

It can be unsettling and a little hurtful when, despite the fact that you treat your employees really well, one of them brings a lawsuit against you. Having a lawsuit brought against you can compromise the integrity of your business. While it can be difficult to remain calm in the face of an employee lawsuit, Read More

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Contract Worker vs. Employee: Pleasanton Businesses Must Know the Difference

  It is important for Pleasanton businesses to properly classify workers as while classifying a worker as an independent contractor may be more cost efficient upfront, properly classifying a worker will help avoid a lawsuit as well as significant risk of liabilities and penalties relating to treating a worker as an independent contractor only to Read More

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Use of Past Salary Justification for Pay Disparity Says California Court

California’s Ninth Circuit reversed a district court ruling in Rizo v. Yovino that held that an employer violated the Equal Pay Act because of its bright-line policy rule of paying new employees 5% more than their prior salaries. The district court agreed with the Equal Employment Opportunity Commission (EEOC), finding that basing compensation on an Read More

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