• posted: Apr. 11, 2017
• Melinda Garcia
• Employment Law,  Business,  Wage & Hour,  Healthcare Workers,  Employee Rights
• Employment,  Business,  Labor law,  Wage & Hour,  Healthcare Worker

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 Read More

• posted: Mar. 30, 2017
• Tod C. Gurney
• Uncategorized,  Employment Issues,  Employment Law,  At Will Employees
• Employment,  employee,  At Will Employees

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 Read More

• posted: Mar. 28, 2017
• Melinda Garcia
• Business,  Contractor vs Employee,  Employee Rights,  Independent Contractors
• Business,  Employee Classification,  Independent Contractors

Many business owners hire independent contractors because it reduces overhead costs and liability. At least, that is what many business owners believe. While it is true independent contractors are not Read More

• posted: Feb. 07, 2017
• Melinda Garcia
• Sexual Discrimination,  Fair-Pay Act,  Single User Bathrooms,  Stalking
• Employment,  harassment,  employee,  employer,  Wage & Hour,  Sexual Discrimination,  sexual orientation

As California labor laws change, it is important that you – whether an employer or employee – understand what the changes entail so that you may better understand your rights Read More

• posted: Feb. 02, 2017
• Melinda Garcia
• Trade Mark,  Employee Rights,  Invasion of Privacy,  Email Correspondence
• Employment,  employee,  employer,  Trade Secrets,  Email correspondence

According to the State of California Department of Justice, “Your employer is generally allowed to monitor your workplace communications, such as business phone calls and computer usage, and to access Read More

• posted: Feb. 01, 2017
• Hester Nguyen
• Construction,  Employee Rights,  OSHA,  Policies
• employee,  alcohol testing,  drug testing,  OSHA,  OSHA compliance,  post-accident drug testing

California employers who require drug and alcohol testing following a workplace accident should revaluate their policies in light of the Occupational Safety and Health Administration’s (“OSHA”) final ruling on employer’s Read More

• posted: Jan. 26, 2017
• Melinda Garcia
• Employment Issues,  Employment Law,  Labor Law,  Business,  Applying for a job,  Discrimination,  Employee Rights,  Disabilities Act,  Family Responsibilities,  FMLA
• Employment,  Employment discrimination,  employee,  employer,  Business,  Labor law,  FMLA

Family responsibilities discrimination (FRD) is a common type of employment discrimination that occurs in the workforce, especially towards pregnant women and mothers. However, FRD is not a type of discrimination Read More

• posted: Jan. 25, 2017
• Tod C. Gurney
• Business,  Employee Rights,  Invasion of Privacy,  Company property
• employee,  employer,  Business,  Managing Risks,  Company Cell Phones

In City of Ontario v. Quon, the Supreme Court ruled that employers have the right to read employees’ text messages – including personal ones – if they believe that the Read More

• posted: Jan. 24, 2017
• Melinda Garcia
• Intellectual Property Rights,  Infringement,  Employee Rights
• employee,  employer,  Intellectual Property Rights

Once upon a time, working with independent contractors was considered risky and even a bit frivolous. Today, however, hiring out work to freelancers is not only the norm, but it Read More

• posted: Jan. 20, 2017
• Tod C. Gurney
• Discrimination,  Employee Rights,  FEHA
• employee,  workplace discrimination,  disability,  FEHA

  Ever since California passed its first law protecting the rights of workers with disabilities in 1974, it has been at the forefront of the Americans with Disabilities movement. Under California’s Read More

• posted: Jan. 19, 2017
• Melinda Garcia
• Business,  Business Partnerships,  Board of Directors
• Business,  Board of Directors

A California board member may be asked to step down for any number of reasons, ranging from conflict of interest to unethical behavior. If you and the rest of the Read More

• posted: Jan. 17, 2017
• Tod C. Gurney
• Construction,  Easements
• Construction,  Easements

When you buy a piece of property in California, you understandably assume that said piece of property is all yours, to do with what you will. This includes allowing certain Read More

• posted: Jan. 12, 2017
• Tod C. Gurney
• Uncategorized,  Construction,  Contracts,  Construction Defects,  Liens
• Construction,  Liens

When it comes to opening a construction payment dispute, timing is everything. The state of California offers several legal remedies to contractors and suppliers who have not been paid for Read More

• posted: Jan. 11, 2017
• Hester Nguyen
• Employment Law

Many California employers use a standard vacation policy in their employer handbook and give it nothing more than a cursory glance before making it official. However, doing this could land Read More

• posted: Jan. 10, 2017
• Melinda Garcia
• Uncategorized,  Employment Issues,  Wage & Hour,  Employee Rights
• Business,  Labor law,  Wage & Hour

Thanks to cell phones, laptops, and other mobile devices, communication between employers and employees is just a few clicks away. Because of how pervasive a presence smart technology has in Read More

• posted: Jan. 06, 2017
• Tod C. Gurney
• Employment Law,  Discrimination,  Employee Rights,  First Amendment,  Protected Rights,  Social Media
• Employment,  employee,  Social media,  Labor law,  First Amendment Right

Individuals find themselves in hot water all the time over what they post on social media. For some, their posts go so far as to get them arrested; for others, Read More