By Melinda Garcia | Published May 23, 2019 | Posted in Employee Rights |
Search Site
6700 Koll Center Parkway, Suite 330 | Pleasanton, California 94566
Call For Consultation
925-468-0400
Author Archive
Melinda Garcia
1 - 10 of 80
Page 1 of 8
⟩ Whether Continued Employment is Acceptance of an Arbitration Agreement?
When a California employer changes its policies to include mandatory arbitration, does an employee’s continued employment after notification that an agreement to arbitration is a condition of continued employment, maintain that the employee has impliedly consented to the arbitration agreement? In Diaz v. Sohnen Enterprises, this exact question arose. There, all employees of Sohnen Enterprises Read More
Read MoreThe Weinstein Clauses
Have you been contemplating a merger and/or acquisition? If so, you may want to include “Weinstein Clauses” in the purchase and sale agreements. Such clauses require the target company, and/or its equity owners, to represent that, within a specific time period, no sexual harassment or assault allegations have been made against the company’s officers or Read More
Read MorePartners, 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
Read MoreWhy 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
Read MoreEmployer 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
Read MoreUse 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
Read MoreHow 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
Read MorePlan for Succession: Exit Strategies for Your Businesses
Entrepreneurs often live and focus on the highs and lows of launching a new business venture. One key aspect that they often forget is that a decision made on day one of the business can have a huge impact on its last day. While building a business worth a fortune is vital, making sure you Read More
Read MoreCalifornia Further Restricts Employers Trying to Enforce Non-Competes
Companies that have headquarters outside of the Golden State typically have employment contracts that purportedly are governed by the substantive law of the state in which the enterprise is headquartered. Even when the company hires workers who live and work in California, the choice of law provision in an employment agreement generally reigned. While this may Read More
Read More
1 - 10 of 80
Page 1 of 8
⟩
Awards/Affiliations
