Marjorie C. Soto Garcia
Subscribe to Marjorie C. Soto Garcia's PostsMarjorie C. Soto Garcia’s labor and employment practice covers single plaintiff and class action litigation, employment counseling, traditional labor (including union activity and collective bargaining), and M&A and complex transactions. She regularly defends employers in state and federal lawsuits alleging discrimination, harassment, retaliation, wrongful termination, wage and hour violations, violations of the Fair Credit Reporting Act (FCRA), Private Attorney General Act (PAGA) actions and unfair labor practice charges under the National Labor Relations Act (NLRA). Marjorie is additionally experienced in managing complex transactions (including M&A), regularly providing clients with strategic advice on potential risks and practical, business-oriented solutions. She is also experienced in dealing with trade secret, confidentiality, non-compete and non-solicit matters in employment and separation contracts. Read Marjorie C. Soto Garcia's full bio.
NLRB Attacks Non-Disparagement and Confidentiality Clauses in Employee Releases, Severance Agreements
By Christopher Foster, Marjorie C. Soto Garcia and P. Kevin Connelly on Mar 14, 2023
Posted In Employment, Labor
Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality clauses regarding the terms and the amount of the agreement. On February 21, 2023, in McLaren Macomb, the National Labor Relations Board held that such clauses infringe on employees’...
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Return to Work | Managing Your Workforce During Periods of Uncertainty
By Lindsay Ditlow, Cristell Fortune, Abigail M. Kagan and Marjorie C. Soto Garcia on Nov 10, 2022
Posted In Employment, Labor
How can employers manage their workforces during periods of economic uncertainty? In this McDermott webinar, Lindsay Ditlow, Cristell Fortune, Abigail Kagan and Marjorie Soto Garcia offer perspective on the following topics: Communicating the transition The impact on contractual and other obligations WARN Act, furloughs, layoffs and salary reductions Strategies for unionized workforces Access the webinar.
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The 411 on Employment Background Checks in Stock and Asset Transactions
By Marjorie C. Soto Garcia and Michelle S. Strowhiro on Oct 13, 2022
Posted In Employment, Fiduciary and Investment Issues
Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in transactions may view target businesses that run background checks as lower risk for employee performance and retention issues. Background...
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Supreme Court: An Employee’s Individual PAGA Claim Must Be Adjudicated in Arbitration
By Marjorie C. Soto Garcia and McDermott Will & Emery on Jul 21, 2022
Posted In Employment
On June 15, 2022, the Supreme Court of the United States finally issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana. The Court partially overturned Iskanian v. CLS Transportation Los Angeles, LLC (Iskanian), determining that the Federal Arbitration Act (FAA) preempts the aspect of Iskanian’s holding that precludes the division of Private Attorneys...
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California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water
By Marjorie C. Soto Garcia, Chris Braham and Maria C. Rodriguez on Nov 10, 2021
Posted In Employment, Privacy and Data Security
The California Department of Fair Employment and Housing (DFEH) recently announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers...
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Background Checks: The Advent of the New California Employment Class Action
By Yesenia M. Gallegos, Maria C. Rodriguez, Chris Braham and Marjorie C. Soto Garcia on Nov 6, 2020
Posted In Employment, Privacy and Data Security
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...
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California COVID-19 Supplemental Paid Sick Leave Act (AB 1867): Paid Leave, Notice and Posting Requirements Effective Immediately
By Marjorie C. Soto Garcia on Sep 25, 2020
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1867, the California COVID-19 Supplemental Paid Sick Leave Act. According to the law, employers with more than 500 employees nationally, and employers of healthcare-provider and emergency-responder employees previously exempted from Families First Coronavirus Response Act (FFCRA) requirements, must provide California employees with...
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Background Checks: The Advent of the New California Employment Class Action
By Chris Braham, Yesenia M. Gallegos, Maria C. Rodriguez and Marjorie C. Soto Garcia on Jul 28, 2020
Posted In Employment, Privacy and Data Security
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...
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Responses to Gender Pay Inequity: A Quick World Tour
By Marjorie C. Soto Garcia and Rachel B. Cowen on Oct 29, 2019
Posted In Employment
Most major jurisdictions have pay equity laws, but their approach is far from uniform. Global companies need to evaluate compliance with these laws on a country-by-country basis whilst simultaneously addressing their compensation policies globally. A sample of the rules across several countries helps to identify trends that can drive effective global policies. Australia The Australian...
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A New Landscape for Businesses with California Operations, Thanks to A.B. 5
By Marjorie C. Soto Garcia and Yesenia M. Gallegos on Sep 26, 2019
Posted In Employment
This month, Assembly Bill 5 (A.B. 5) was signed into California law. A.B. 5 codifies the “ABC Test”—used to determine if a worker is an independent contractor—which is broader, harsher and more inclusive than the common law test with which most businesses are familiar. A.B. 5 appears to be the death knell of convenience for...
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