By Melinda Garcia | Published August 8, 2017 | Posted in Classifying employees, Contract Workers, Employment Issues, Misclassification, Uncategorized | Tagged Tags: Business, Contract Workers, employee, Misclassification, Wage & Hour | Comments Off on Contract Worker vs. Employee: Pleasanton Businesses Must Know the Difference
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
Read MoreMergers and Acquisitions: Why Culture Matters
Mergers and acquisitions as a growth strategy has become popular once again. Like any business deal, the long-term success takes hard work and a strategic approach to creating synergy between companies. It is not uncommon that employees of an acquired company fear losing their jobs, complain about being in the dark, and feel demoralized regarding Read More
Read MorePlan 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
Read MoreNEPOTISM: MIXING FAMILY AND WORK
What is nepotism? Nepotism is the practice among those with power or influence of favoring relatives or friends, especially by giving them jobs. What is the law and how can someone sue for nepotism in the workplace? In California, nepotism is not per se illegal. However, nepotism in the workplace has the possibility of triggering Read More
Read MoreWells Fargo California Whistleblower
An Occupational Safety & Health Administration (OSHA) whistleblower lawsuit filed by a former manager at a Los Angeles-area Wells Fargo has ended with an order by the Department of Justice (DOJ) requiring the bank to rehire the former employee, clear his personnel file, and pay $5.4 million in back pay and legal fees. According to Read More
Read MoreBad Leases and Terrible Landlords: How to Play Hardball
All business, big and small, have had to negotiate a commercial lease at some point in time. While most encounters are uneventful, some businesses are faced with unreasonable landlords that impose draconian lease terms and carry a “take it or leave it” attitude. Here are some helpful tips to negotiating unreasonable lease terms: Know the Read More
Read MoreCorporate Governance: Director and Officer Personal Liability
A career as an officer, director, or shareholder of a corporation brings great opportunity to be a lauded visionary, strategic thinker, and the leader of a profitable venture, with accompanying compensation. That being said, this position comes with great responsibility and the risk of personal liability is real even when proper liability insurance is in Read More
Read MoreCalifornia 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
Read MoreInformed 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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