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Category Archive
Employment Law
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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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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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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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Informed Employers Can Help Avoid FMLA/CFRA Lawsuits

California-based employers who employ 50 or more workers face regulations beyond the federal employment laws through the California Family Rights Act (CFRA), which expands employees’ rights under the Family Medical Leave Act (FMLA). The most common, Walmart, with stores in every state in the nation, is allegedly having issues adhering to the federal law and 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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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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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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California Court of Appeals Reverses Original Decision Regarding Meal Period Waivers for Healthcare Workers

On October 5, 2015, California Governor Jerry Brown signed into law a bill confirming that hospital employees and other employees in the healthcare industry can continue to waive one of their two meal periods. Healthcare workers that work 12 or more hours in a given day are entitled to two meals, but they have an 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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