• A Good Reminder Regarding Cloud Computing Security

    MSNBC recently conducted an interview of top security consultants regarding risks involved with cloud computing.  One of the interviewees, Securisea, provided some insightful information. The interview can be seen here.

    Companies and individuals need to be aware of ways to minimize risks to unwanted security breaches.  Securisea is an independent information security company. Typical engagements include code and architecture reviews, network vulnerability testing, remediation of security exposures, audit support and compliance, security product selection consulting, secure code development, reverse engineering, security policy development and comprehensive training for our clients’ internal security staff.  Its staff is professional, knowledgeable and extremely gifted.  And I’m not just saying that because they are one of my clients.

    If you or your company store any information “in the cloud,” you need to be aware of the risks and methods of reducing those risks.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     
    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
     
    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

  • Assembly Passes Domestic Worker Bill of Rights – AB 889

    Yesterday the California Assembly passed AB 889, also called the Domestic Bill of Rights.  The bill was sponsored by Assemblymember Tom Ammiano (D-San Francisco) and co-sponsored by Assemblymembers Allen (D- Sonoma), Cedillo (D- LA), Ma (D- San Francisco), Fuentes (D-San Fernando), Monning (D- Santa Cruz) and Senator De Léon.  The bill now heads to the Senate for approval.

    I represent a number of clients in the home caregiver industry – both employers and employees – and I have mixed feelings about the bill.  The bill will require homecare agencies to obtain licenses to provide in-home care.  The owners of the businesses as well as the employees must undergo criminal background checks and annual TB testing.  The employees must received two-hours of mandatory training every year in areas pertinent to their industry, and they must receive annual performance reviews that include on-site observations by the employer.  Several of my clients already conduct background checks and medical testing as well as conduct regular performance reviews, which I think just makes good business sense.  I have my doubts regarding the efficacy and efficiency of adding a layer of bureaucracy to running the business and suspect the bill will do little to stem “underground caregivers” from working with/for homeowners.

    According to Assemblymember Ammino’s website:

    [T]he bill seeks to remove the exclusion of domestic workers from all rights provided to all California workers under Wage Order 15. The current exemptions for domestic workers are confusing and leave well-meaning employers vulnerable to liability. AB 889 sets industry-wide standards that will help keep the industry above-ground.

    I agree that the current exemptions for domestic workers are confusing and need to be revised, but I don’t think this bill helps the situation.  The bill does nothing to assist “well-meaning employers” or to fix any of the vulnerabilities they face.  I doubt the “industry-wide standards” that it sets will help keep the industry “above-ground,” and suspect it will have the opposite effect.  Assemblymember Ammino’s premise that domestic workers are excluded “from all rights provided to California workers under Wage Order 15” is simply incorrect.

    If you, or someone you know, work in the in-home caregiver industry, or if you have a family member that receives care from an in-home caregiver, I highly recommend you read the bill thoroughly.  Do not rely solely on the rhetoric pronounced in various websites regarding the bill, because I have seen arguments for and against the bill that are just plain incorrect.  Like any political issue, talk about the bill with other interested parties and make an informed decision regarding whether this bill will improve the situation or make it more difficult.  Then, write to your representative expressing your opinion.  That’s what I’m going to do.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     
    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
     
    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

  • Leave Entitlements

    I was looking for some information regarding the various leave laws that employers must consider, and came across a guide from the Department of Fair Employment and Housing.  It is a fairly good summary of most of the various leave laws impacting companies doing business in California.  I noticed it does not discuss leaves of absence under USERRA and other available leaves under California’s Military and Veterans Code, but it is still a good summary.

    California employers and employees should ensure they are familiar with the various rights and obligations imposed by the leave laws impacting their work and should review their handbooks to ensure they are up to date.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     
    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.
     
    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.