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Posted on in Employment Law

Silicon Valley employment law attorney performance reviewIt is not uncommon for any business, in any industry, to experience conflict with one or more of their employees. Whether their actions are disruptive in the workplace, disrespectful to co-workers, or damaging to the business’s reputation, it is critical to respond to and quickly resolve matters through sound employment counseling practices.

Establish Expectations

Working proactively to correct the attitudes and behaviors of a difficult employee is a better strategy than waiting and reacting to a situation that has become untenable. Allowing even a single difficult employee to disrupt the workplace can have a negative impact on morale, productivity, and even profitability. Consider implementing some of the following employee performance review tips to help set clear standards and expectations for your employees:


whistleblower law

Perhaps the best way to protect your business from penalties that accompany a law is to have a clear understanding of the statute. Most business owners know about “whistleblower laws,” and are aware they were enacted to protect employees who report wrongdoing by companies.

California's whistleblower laws were written so owners of both public and private companies or agencies receive equal treatment. Businesses located throughout San Francisco, San Jose, Silicon Valley and across the state would be well served if an experienced employment law attorney provided managers, supervisors and even officers with a review of California's whistleblower law.

Tagged in: Whistleblower

There are many types of non-immigrant visas available to individuals seeking employment in the United States. Unfortunately, this doesn't mean such visas are easy to obtain. In fact, employment-based immigration issues are some of the biggest headaches faced by California companies and the talented individuals they want to hire.

Perhaps the most widely known employment visa is the H-1B. These visas are in high demand, yet only 85,000 are approved every year. The high demand for H-1Bs (especially in the tech sector) means that a lottery system had to be enacted. But there is considerable evidence to suggest that very large companies and outsourcing firms are getting a disproportionate share of H-1Bs. Aside from the major firms like Google and Microsoft, the largest numbers of H-1B visas are going to firms running large-scale offshore operations and firms based in India.

According to an article on ComputerWorld.com, the majority of companies applying for H-1B visas are small tech firms based in the U.S. Yet much larger firms are skewing the odds by "stuffing the ballot box," so to speak. This means they are putting in multiple applications to increase their own odds.


Posted on in Employment Law

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced H-4 EAD Rule i.e. effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.H-4 EAD Rule, (c) Jay Terkiana, Immigration Attorney

Director León Rodríguez stated: "Allowing the spouses of these visa holders to legally work in the United States makes perfect sense. It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families."

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs. Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:


As of January of last year, California courts have adopted the new liquidated damages laws for minimum wage claims. If you feel you have been shorted for your California minimum wage salary, you have the right to fight for the liquidated damages caused you by the shortage.

The current minimum wage in California is $8.00 per hour. The federal minimum wage sits at $7.25. In California, minimum wage employees must be paid by the state standard.

The math to confirm if you are being paid accurately according to minimum wage laws in California is simple. Say your employer agrees to a per diem salary of $50 per day. You work 40 hours a week on average. At the California minimum wage rate, your per diem pay should be $64.00 per day, which is enforceable by law.

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