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employee
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OSHA and 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 electronic reporting of workplace injuries.  81 Fed. Reg. 29624. OSHA now requires all employers to establish “a reasonable procedure for employees to report work-related injuries 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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Is Your Intellectual Property Protected When Working with an Independent Contractor?

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 has also become a great way for businesses to reduce overhead costs, increase output, and turn more profit. However, there are still some issues that Read More

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When California Businesses Fail to Provide Reasonable Accommodations

  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 Fair Employment and Housing Act (FEHA), employers are required to: Provide reasonable accommodations for applicants and employees who, because of their disability, are unable Read More

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Employment Laws and Social Media in California

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, their social media posts merely get them fired. For instance, there was the “Bad Teacher” who tweeted about being “Naked. Wet. [And] Stoned.” While she 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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Age Discrimination Laws Make it Illegal to Ask Older Employees to Retire

“How can I ask my older employees to retire?” This is a question that a lot of employers find themselves asking as their workforce ages but shows no signs of retiring. As an employer, it is difficult to find a place for older workers, especially as technology changes and advances, competitive and diverse skill sets Read More

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Monitoring Employee Emails: An Invasion of Privacy?

From company credit cards to company cars, and company cell phones to company email accounts, employers these days provide it all to their employees, and while such perks are mostly appreciated, they can come with their pitfalls, such as their subjectivity to employer monitoring. When an employer provides an employee with a credit card, cell 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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