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employee
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How to respond to a government audit of your employment records

You may have seen the recent headlines about Google – they successful fought a request by the federal government, Office of Federal Contract Compliance Program (“OFCCP”), for the contact information for 25,000 employees! The OFCCP audits federal government contractors to ensure compliance with federal discrimination laws.  As a federal government contractor, Google spent $500,000 (for Read More

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What to Do When an Employee Sues You

It can be unsettling and a little hurtful when, despite the fact that you treat your employees really well, one of them brings a lawsuit against you. Having a lawsuit brought against you can compromise the integrity of your business. While it can be difficult to remain calm in the face of an employee lawsuit, Read More

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Contract Worker vs. Employee: Pleasanton Businesses Must Know the Difference

  It is important for Pleasanton businesses to properly classify workers as while classifying a worker as an independent contractor may be more cost efficient upfront, properly classifying a worker will help avoid a lawsuit as well as significant risk of liabilities and penalties relating to treating a worker as an independent contractor only to 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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What does O’Reilly’s termination mean for my business?

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 against him. Now, you may ask – why does this have anything to do with my business? This news story is a very important reminder Read More

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The Basics of a Bulletproof Non-Disclosure Agreement

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 they need non-disclosure agreements when conducting business with anyone, they are not fully aware of what elements are necessary to render a non-disclosure agreement enforceable 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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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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Five More Laws California Employers Need to Understand in 2017

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 in the face of a dispute. At Garcia & Gurney, ALC, our Pleasanton business attorneys fully comprehend California’s labor laws, and keep up-to-date with all Read More

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Four Things to Understand About Your Work Email

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 to your voicemail and e-mail.” Though this has been the law for a considerable amount of time, employees across the state are still having a Read More

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  • "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."

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  • "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."

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