By Melinda Garcia | Published April 18, 2017 | Posted in Employment Issues, NDA, Rights, Trade Secrets | Tagged Tags: employee, employer, Employment, NDA, Trade Secrets | Leave a comment
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
Read MoreApplication of the “Commercial Common Sense Test” in Contract Disputes
When it comes to commercial contract disputes, there is a lot that a judge will consider before making any determinations. One factor a judge will consider is whether or not the terms of the contract are clear and unambiguous. While this might seem obvious, many contracts contain provisions that read in such a way as Read More
Read MoreWhat 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
Read MoreLayoff or Reduction-in-Forces: What Does Each Mean for You?
Layoff, reduction-in-forces (RIF), downsizing: Employers use these terms all the time to let employees go, but no matter how they phrase it, the bottom line is that you are out of a job. However, while the end result of each of these actions is always the same, what terminology your employer uses to let you Read More
Read MoreCalifornia 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
Read MoreUnderstanding Employment at Will in California
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 Read More
Read MoreCan 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
Read MoreFive 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
Read MoreFour 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
Read MoreOSHA 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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