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Employment Issues
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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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What Changes to Expect to the California Labor Code in 2018

We are only into the first quarter of 2017, and already California’s lawmakers have proposed new legislation for business owners. As of right now, the laws are still in the making, and will no doubt undergo significant changes before 2018, but our employment attorneys at Garcia & Gurney, ALC feel that you should be aware Read More

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Layoff or Reduction-in-Forces: What Does Each Mean for You?

Layoff, reduction-in-forces (RIF), downsizing: Employers use these terms all the time to let employees go, but no matter how they phrase it, the bottom line is that you are out of a job. However, while the end result of each of these actions is always the same, what terminology your employer uses to let you Read More

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Understanding Employment at Will in California

All employers throughout California operate under the presumption that employees are employed “at will,” meaning that either the employer or the employee may terminate the employment at any time and without reason or prior notice. While that is true, employers should still terminate employment based on “a fair and honest cause or reason, regulated by Read More

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