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Category Archive
Employment Issues
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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 hours worked. If you are asking yourself, “What is nonproductive Read More

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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 an applicant’s rights under the applicable laws and obtain express consent. Because Read More

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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 employers gather information needed to 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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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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Can an Employee Take Your Company’s Trade Secrets to a Competing Business?

On February 23, 2017, Waymo, LLC (owned by Google’s parent company), filed a lawsuit against Uber Technologies, Inc., Ottomotto LLC, and Otto Trucking, LLC.  The basis of Waymo’s lawsuit is for violation of the defense of trade secret act. The three main questions raised by this lawsuit are: 1)         Can an employee take a company’s Read More

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Retail Giant Nike Not Immune to California’s Wage and Hour Laws

The most recent lawsuit brought against retail giant Nike proves that no company, no matter how big or small, is immune to California’s labor laws. This past week, Nike was handed a wage and hour lawsuit in California. A former employee is responsible for bringing the suit against the athletic-wear powerhouse. According to Omran Hamid, Read More

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What does O’Reilly’s termination mean for my business?

You may have seen in the news that 21st Century Fox, the parent company of Fox News, has terminated newscaster Bill O’Reilly’s employment in the wake of sexual harassment allegations against him. Now, you may ask – why does this have anything to do with my business? This news story is a very important reminder Read More

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The Basics of a Bulletproof Non-Disclosure Agreement

At Garcia & Gurney, ALC, our Pleasanton business attorneys routinely help corporations protect their intellectual property through the use of non-disclosure agreements (NDA). While many business owners are aware that they need non-disclosure agreements when conducting business with anyone, they are not fully aware of what elements are necessary to render a non-disclosure agreement enforceable Read More

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