Shea & McIntyre, P.C.

Shea & McIntyre, P.C.

San Jose, CA Employment Law, Real Estate Law & Business Law Attorneys

Call (408) 298-6611 to Speak with an Attorney
Serving San Jose and Surrounding Areas

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    • Marc L. Shea
    • John F. McIntyre, Jr.
    • Kevin Elliott
  • Practice Areas
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    • Business Formation & Corporate Counseling
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    • Civil Litigation & Civil Trial
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Employee classifications: weekend hours for managers

By John McIntyre on Oct 1, 2020

Frequently we’ve had cases where employees with employee classifications have claimed they were hourly , non-exempt employees and that they were told that they need to respond to text messages and e-mails over the weekend. They’d complain, “Hey, wait a minute. You’re not paying me for the time that I worked on the weekend, and […]

Employee Classifications, Exempt, Nonexempt, Unpaid Overtime, Wage Claims

What we do for you in a business dispute?

By Marc Shea on Sep 15, 2020

With more than 35 years of experience, our goal is to help our clients make the best economic decision under the circumstances presented, consistent with the objectives expressed by our client.  When a new client makes contact, we will typically speak by phone or in person in a brief introductory call with the goals of […]

Business Disputes, Business Litigation, Employment Lawyer

Proving hours worked in an unpaid overtime case

By John McIntyre on Sep 3, 2020

How do you prove how many hours someone worked a year ago?  If there are records, it is a relatively simple task.  However, if the employee was classified as exempt, they likely did not punch a time clock.  However, there are other ways to prove how many hours and employee worked. For instance, if there […]

California Labor Law, Unpaid Overtime, Wage Claims

Revised Limited Partnership Act: a law that addresses the problem of incomplete or informal contracts.

By Marc Shea on Aug 13, 2020

It is not unusual to find that the written contract(s) between business partners do not speak to the precise issue that has arisen.  Such gaps in contract language may be filled in by law. California’s Revised Uniform Partnership Act (“RUPA”), for example, provides that “To the extent the partnership agreement does not otherwise provide, this […]

Breach of Contracts, Business Disputes, Business Partnerships

Employee lunch breaks and rest periods

By John McIntyre on Jul 27, 2020

For every time you work 3-1/2 hours, you should be getting a 10-minute rest break that’s paid. Any time you work more than 5 hours in a day you are entitled to a 30-minute unpaid lunch break, meaning you are supposed to clock out and clock back in. So, every interval of that 3-1/2 hours, […]

California Labor Law, Wage Claims

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Latest Blog Posts

  • Non-compete Agreement in Employment Contracts
  • Nondisclosure Agreements and Trade Secrets
  • Independent Contractor Agreements
  • Severance Agreements for Executives
  • Severance Agreements

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Call Us: (408) 298-6611

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2166 The Alameda
San Jose, CA 95126-1144
(408) 298-6611

Our Attorneys

  • Marc L. Shea
  • John F. McIntyre, Jr.
  • Kevin Elliott

Practice Areas

  • Business Disputes
  • Business Formation
  • Discrimination & Harassment
  • Civil Litigation & Civil Trial
  • Employment
  • Wage & Hours
  • Contracts
  • Enforcement of Judgments
  • Real Estate
  • Wills & Trusts
  • Wrongful Terminations

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