Marjorie C. Soto Garcia
Subscribe to Marjorie C. Soto Garcia's PostsMarjorie C. Soto Garcia provides strategic advice to employers of all sizes – from Fortune 100 companies to startups – on the full spectrum of labor union and organizing matters, class action employment litigation, and workplace compliance issues. She advises organizations across many industries, including healthcare, private equity, technology, energy, food service, logistics, retail, media, entertainment, and hospitality.Read Marjorie C. Soto Garcia's full bio.
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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Making a Splash in the Global Employment Pool: The Challenge of Multiple Employment Laws
By Marjorie C. Soto Garcia and Michelle S. Strowhiro on Sep 18, 2018
Posted In Employment
US businesses expanding abroad, and international businesses moving into the United States, can find the differences between employment laws both unexpected and costly. Companies of all sizes are eager to expand their businesses, and their workforce, into new markets. US employers already know that operating in multiple states can feel like operating in different countries...
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