• posted: May 23, 2017
• Melinda Garcia
• Business,  Business Partnerships
• beneficiaries,  repurchasing shares,  shareholder agreements,  shareholder disputes,  shareholders

When a shareholder of your corporation dies, it can spark a lot of questions, such as who gets his or her remaining shares? If a relative inherits them, can you Read More

• posted: May 16, 2017
• Amanda Rydza
• Employment Issues,  Employment Law,  Trade Secrets,  Risk Management,  NDA
• Trade Secrets,  Anthony Levandowski,  trade secret act,  Uber,  Waymo

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 Read More

• posted: May 15, 2017
• Melinda Garcia
• Employment Issues,  Labor Law,  Wage & Hour,  Employee Rights
• wage & hour laws,  California labor laws,  employment law,  Nike

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 Read More

• posted: Apr. 20, 2017
• Melinda Garcia
• Uncategorized,  Employment Issues,  Sexual Discrimination
• Employment,  harassment,  employee,  employer,  Sexual Discrimination

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 Read More

• posted: Apr. 18, 2017
• Melinda Garcia
• Employment Issues,  Trade Secrets,  NDA,  Rights
• Employment,  employee,  employer,  Trade Secrets,  NDA

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 Read More

• posted: Apr. 17, 2017
• Tod C. Gurney
• Uncategorized,  Contracts,  Commercial Common Sense Test,  Contract Disputes
• Business,  Breach of Contract,  Commercial Common Sense Test,  Contracts

When it comes to commercial contract disputes, there is a lot that a judge will consider before making any determinations. One factor a judge will consider is whether or not Read More

• posted: Apr. 13, 2017
• Melinda Garcia
• Employment Issues,  Employment Law,  Employee Rights,  CFRA,  Labor Code,  Veterans
• employee,  Business,  Labor law,  Wage & Hour,  CFRA,  Veterans

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 Read More

• posted: Apr. 12, 2017
• Tod C. Gurney
• Uncategorized,  Labor Law,  At Will Employees
• Business,  At Will Employees,  Layoffs

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 Read More

• 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