How to respond to a government audit of your employment records
- posted: Oct. 11, 2017
- Employment Issues,  Employee Rights,  Employee Privacy,  Government Audits of 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 Read More
What to Do When an Employee Sues You
- posted: Aug. 30, 2017
- Civil Litigation,  Business,  Employee Lawsuit
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 Read More
Contract Worker vs. Employee: Pleasanton Businesses Must Know the Difference
- posted: Aug. 08, 2017
- Uncategorized,  Employment Issues,  Classifying employees,  Contract Workers,  Misclassification
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 Read More
Use of Past Salary Justification for Pay Disparity Says California Court
- posted: Aug. 07, 2017
- Employment Law,  Business,  Discrimination,  Equal Pay
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 Read More
What does O’Reilly’s termination mean for my business?
- posted: Apr. 20, 2017
- Uncategorized,  Employment Issues,  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
The Basics of a Bulletproof Non-Disclosure Agreement
- posted: Apr. 18, 2017
- Employment Issues,  Trade Secrets,  NDA,  Rights
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
What Changes to Expect to the California Labor Code in 2018
- posted: Apr. 13, 2017
- Employment Issues,  Employment Law,  Employee Rights,  CFRA,  Labor Code,  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
Understanding Employment at Will in California
- posted: Mar. 30, 2017
- Uncategorized,  Employment Issues,  Employment Law,  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
Five More Laws California Employers Need to Understand in 2017
- posted: Feb. 07, 2017
- Sexual Discrimination,  Fair-Pay Act,  Single User Bathrooms,  Stalking
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
Four Things to Understand About Your Work Email
- posted: Feb. 02, 2017
- Trade Mark,  Employee Rights,  Invasion of Privacy,  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
OSHA and Post-Accident Drug Testing
- posted: Feb. 01, 2017
- Construction,  Employee Rights,  OSHA,  Policies
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
Understanding Family Responsibilities Discrimination
- posted: Jan. 26, 2017
- Employment Issues,  Employment Law,  Labor Law,  Business,  Applying for a job,  Discrimination,  Employee Rights,  Disabilities Act,  Family Responsibilities,  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
Are Employers Entitled to Monitor an Employee’s Company Cell-Phone?
- posted: Jan. 25, 2017
- Business,  Employee Rights,  Invasion of Privacy,  Company property
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
Is Your Intellectual Property Protected When Working with an Independent Contractor?
- posted: Jan. 24, 2017
- Intellectual Property Rights,  Infringement,  Employee 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
When California Businesses Fail to Provide Reasonable Accommodations
- posted: Jan. 20, 2017
- Discrimination,  Employee Rights,  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
Employment Laws and Social Media in California
- posted: Jan. 06, 2017
- Employment Law,  Discrimination,  Employee Rights,  First Amendment,  Protected Rights,  Social Media
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