By Rabbie Mojaddidi | Published June 1, 2022 | Posted in Employment Law, Labor Law | Tagged Tags: employment law, Labor law | Comments Off on California Supreme Court Says Meal/Rest Break Premiums Constitute “Wages”
In a much anticipated ruling, on May 23, 2022, the California Supreme Court issued its decision in Naranjo et al. v. Spectrum Security Services, Inc. Previously, the Court of Appeal held that unpaid premium payments for meal period violations did not entitle employees to additional penalties for either inaccurate wage statements or failure to timely pay wages Read MoreRead More
On April 21, 2022, Cal/OSHA’s Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”). The Third Readoption makes some changes to the ETS previously in effect. Some of the more significant changes include: Key Definition Changes Some of the key definitions of terms used throughout the ETS have Read MoreRead More
As we mentioned in our most recent blog , the 2022 COVID-19 Supplemental Paid Sick Leave went into effect on February 19, 2022 for California employers with more than 25 employees. The California DLSE just released the required 2022 COVID-19 Supplemental Paid Sick Leave Poster which should be in all workplaces and emailed to remote workers. Read MoreRead More
Governor Newsom signed Senate Bill 114 on February 9, 2022, resurrecting COVID-19 Supplemental Paid Sick Leave for 2022 (“SPSL 2022”). The new law will be effective on Saturday, February 19, 2022 (10 days after its enactment), but may require payments retroactive to the beginning of 2022 as explained below. The highlights of SPSL 2022 are Read MoreRead More
Three California Labor Code sections deal with employment document retention and production. They are as follows: Labor Code §§ 226, 432, and 1198.5. Labor Code § 432 Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by Read MoreRead More
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 MoreRead More
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 MoreRead More
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 MoreRead More
Labor laws are constantly changing, and it is important that California employers keep up with those changes so that they do not unknowingly violate any of them. The Pleasanton business attorneys at Garcia & Gurney, ALC ensure that our clients are in compliance with new and old California labor laws, both for their own protection Read MoreRead More
"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! "
"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"