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Author Archive
Melinda Garcia
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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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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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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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Plan 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

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California 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

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California Employers Must Pay Commissioned Employees for Rest Breaks

Earlier this year, a California Court of Appeals held in Vaquero v. Stoneledge Furniture LLC that an employer violated state law by not paying commissioned employees for their rest breaks. Under state law, employees must be provided with paid 10-minute rest breaks for every four hours of work, or fraction thereof. In Vaquero, the employer operated Read More

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What to Do When a Shareholder Dies

When a shareholder of your corporation dies, it can spark a lot of questions, such as who gets his or her remaining shares? If a relative inherits them, can you control to whom they go and that person’s subsequent role within the corporation? Can existing shareholders buy out the deceased shareholder’s shares? At Garcia & 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"