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Category Archive
Employee Rights
11 - 20 of 29
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Retail Giant Nike Not Immune to California’s Wage and Hour Laws

The most recent lawsuit brought against retail giant Nike proves that no company, no matter how big or small, is immune to California’s labor laws. This past week, Nike was handed a wage and hour lawsuit in California. A former employee is responsible for bringing the suit against the athletic-wear powerhouse. According to Omran Hamid, 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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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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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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OSHA and Post-Accident Drug Testing

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 Read More

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Understanding Family Responsibilities Discrimination

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 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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