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John Francis Mccarthy

John Mccarthy’s Legal Guides

23 total

  • What you don't know about California "waiting time" penalties.

    Most people dont know it, but one of the best ways for an employee to make a little extra cash after he or she leaves a job is to seek waiting time penalties. Under California Labor Code 203, Labor Commissioners or Courts must impose a waiting time penalty of up to 30 days pf pay...

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  • California Meal Period Multiplier Math

    Are you ready for some math? Dwight runs a busy dental practice in California. Pam is a dental hygienist employed by Dwight. Dwight opens his office at 8:00 AM every day. Pam comes in at 8:00 AM every day. Dwight and Pam then meet for 30 minutes while they have coffee, discuss b...

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  • NFL CBA: Lockout, Strike, Decertification, What is Going On?

    I practice labor and employment law, but I am also a huge 49ers fan. I was born the night the 49ers won their first of five Super Bowls. I didnt get to see the first one, but Ive seen everyone since. Not surprisingly Ive been very interested in the state of the NFLs labor negotia...

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  • Employers Are Using Facebook. Privacy Lost?

    It seems like everyone has a Facebook page nowadays. But, not many people seem to notice that. Employers are frequently turning to Facebook to find information about employees and prospective employees. According to a 2009 Harris Interactive survey of 2,667 HR professionals: 45%...

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  • March Madness: The True Cost of the NCAA Men’s Basketball Tournament

    March Madness is here! If youre like me, you consult sources, fill out a bracket, and anxiously await the tip-off for the 64 team tournament. You probably also enter your bracket into a pool, or pools in hopes of cashing in on the best picked bracket. March Madness is awesome bec...

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  • I have a written job description, so why is my Boss asking me what I do?

    I have a written job description, so why is my boss asking me what I do? I get this question a lot. Most employees think that these requests are a total waste of time. At first glance it looks like the Boss has lost his/her mind. The Boss hired you to do a job. The Boss told you ...

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  • What To Do When You Think You Are Going To Get Fired or Laid Off.

    Lots of times people come to me seeking advice on what to do when they havent been fired or laid off yet, but they think they will be soon. Most of the time the employee either gets a lay-off notice, gets suspended from work, or gets written up for a terminable offense. This arti...

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  • How to Negotiate a Severance

    Im often asked how to negotiate a severance package. Mass layoffs are no longer dominating the news, but struggling companies are still looking to cut costs, often one or a few employees at a time. Workers who are part of mass layoffs will find it more difficult to negotiate some...

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  • The Supreme Court to Look to CA for Mixed Motive Discrimination?

    Supreme Court to Review Title VII Mixed Motive Discrimination Cases The Supreme Court will review whether an employee can sue a former employer under Title VIIs retaliation provision by showing illegal discrimination was one of multiple reasons for taking action against him - a ...

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  • The Price is Wrong: How Harris v. City of Santa Monica Will Increase Discrimination

    A judge has overturned an $8.5 million verdict awarded to a former Price is Right model, Brandi Cochran, in a pregnancy discrimination case and ruled a new trial is necessary based on the Supreme Courts recent decision in Harris v. City of Santa Monica. The Judge determined that ...

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