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Author Archive
Melinda Garcia
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Deploying Force Majeure Clauses in the Age of COVID-19

Deploying Force Majeure Clauses in the Age of COVID-19 As a result of the continuing coronavirus pandemic more commonly referred to as COVID-19, nearly a dozen county public health departments across California including seven counties in the San Francisco Bay Area have issued a shelter-in-place order (“Order” or “Orders”) lasting through at least April 7, Read More

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California Employer Guidelines on COVID-19 Part II: What should business owners do now?

California Employer Guidelines on COVID-19 Part II: What should business owners do now? As a California employer, you likely have questions about how best to respond to COVID-19, how to continue to serve your customers, how to keep your employees safe, and what to do about new regulations and orders from local, state, and federal Read More

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The Top 5 Things to Never Allow in a Commercial Lease

The Top 5 Things to Never Allow in a Commercial Lease Stop! Do not Pass Go and collect $200. Many commercial tenants think the negotiation phase is complete once they have settled on a rent price and a term with their landlord. They are quick to “Pass Go” by signing the lease once they see Read More

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The 3 Vital Contract Terms Your Operations Department Must Use in Every Contract

The 3 Vital Contract Terms Your Operations Department Must Use in Every Contract: Scope of Work, Confidentiality, and Indemnity While dozens of contract provisions provide you with legal and cost protections, three specific terms are vital for the success of your operations department. Read below for an overview of how these three provisions influence your Read More

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Preparing to Sell Your Business

Preparing to Sell Your Business If you are like most entrepreneurs, your business is more than your income stream: it is your life. You have poured countless days and nights into delivering quality to your customers, increasing your market share, capitalizing on new opportunities, weathering bad quarters, and have done all of this at the Read More

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Don’t Wait Until It’s Too Late to Correct Your Piece-Rate

Don’t Wait Until It’s Too Late to Correct Your Piece-Rate When compensating employees under a piece-rate structure, employers must be aware of its nuances. Nonproductive Time One of the first compensation requirements for piece-rate, is there must be a separate payment for nonproductive time unless the employee is paid a base minimum wage for all Read More

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Employers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks

Employers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks Employers who use third party vendors to perform background checks on prospective employees must comply with the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The FRCA and ICRAA require employers to give specific and analogous disclosures about Read More

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Do Not Sugarcoat Performance Reviews!

Do Not Sugarcoat Performance Reviews! IMPORTANCE OF PERFORMANCE REVIEWS Periodic employee performance reviews can be valuable tools to help employers improve performance and employee morale at their company. Effective performance reviews can reinforce an employer’s business principles and priorities and help foster the skills the employer wants its employees to develop. They can also help Read More

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Can I force my employee to sign a non-compete agreement? Will it later be enforceable?

Can I force my employee to sign a non-compete agreement? Will it later be enforceable? I am always surprised to hear about California employers forcing their employees to sign non-compete agreements as a condition of employment. This is likely because most employers are unaware that a non-compete agreement is unlawful in California unless the agreement Read More

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Have you Received a Notice from the Labor Commissioner About an Employee Suing You?

Have you Received a Notice from the Labor Commissioner About an Employee Suing You? Many California employers have received a notice of conference from the labor commissioner. This is because California employees or former employees can bring their wage and hour claims before the state’s Division of Labor Standards Enforcement (DLSE). The DLSE enforces California’s Read More

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  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! I was in need of urgent help with an employment matter and Melinda Garcia came through for me the same day. She fit me in for a consultation within hours of my call and read my documents prior to our meeting. She was thorough, attentive to my needs, knowledgeable, professional and above all very comforting."

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"