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Employment
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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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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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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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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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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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