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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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Can You be Held Liable for an Independent Contractor’s On-the-Job Injuries?

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 eligible for workman’s compensation, they are not exempt from liability altogether. Classification of an Independent Contractor According to the IRS, there are three factors that Read More

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Understanding Family Responsibilities Discrimination

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 that many employers even know they are committing. For instance, an employer may choose not to hire someone because they fear that “familial obligations will Read More

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Are Employers Entitled to Monitor an Employee’s Company Cell-Phone?

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 workplace rules are being violated. Though this ruling was handed down over six years ago, it is still a point of contention: Is it legal Read More

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How to Fire a Board Member

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 members of your board feel that a member no longer benefits the company or corporation, you must take actions to remove that board member before Read More

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Is Your California Company at Risk for Overtime Liability?

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 our lives, it is easy to assume that even if you send an email at 9 p.m. on a Friday night, it will be read Read More

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New California Labor Laws to Look Forward to in 2017

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 More

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What to Do When One Partner Refuses a Buyout Offer

Going into business with someone has many rewards, the greatest of which include having someone to share the responsibility with, having a second perspective, and having someone to swap ideas back and forth with. On the other hand, partnerships can be tricky because many times, both (or all, if there are more than two) partners Read More

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How to Protect Your Trade Secrets in California

A trade secret is any information that is unique and valuable to your business and that is not known to the general public. A trade secret is oftentimes a business’s “secret weapon,” the thing that helps it stand apart from the competition and makes its customers choose it. Because a trade secret can make or Read More

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Protecting Your Trade Secrets When a Key Employee Moves to a Competitor

We see it in movies all the time—a key employee is enticed away from his or her current position by a competitor who promises a bigger salary, better benefits package, and a cushier office. In return, however, the competitor wants insider information about the employee’s former company. They want to know about potential new customers, Read More

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Client Testimonials
  • "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"

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