This week the internet is buzzing about a waitress who was fired for making disparaging comments on Facebook about a customer. It was inevitable, and if employers have not realized it yet, this story should bring the point home that social networking is yet another issue employers need to take a proactive step in
May 2010
Understanding Privacy Settings For Facebook
Yes, you are still reading the California Employment Law Report and not a tech blog. But since social networking, privacy and how these issues are permeating the workplace, I wanted to pass this New York Times article along to readers that describes all of the different privacy settings in Facebook.
If you think employers are…
Proposed Bill Targets Employers’ Classification of Independent Contractors
The US House of Representatives introduced a bill (H.R. 5107), Employee Misclassification Prevention Act, that if passed would amend the FLSA to required employers who employ “non-employees” to keep records of classification of the non-employees. The bill refers to non-employees, which is targeting employers’ classification of independent contractors.
Should the employer fail to maintain…
Self-imposed MCLE for lawyers: computers, Internet and the law
Daniel Schwartz at the Connecticut Employment Law Blog writes about whether or not employment lawyers who advise their clients on social networking policies need to use social networking. I’ve writing on this topic before, but as the Internet becomes more and more dominate in everyday life, Daniel prompted me to revisit the issue. 
While I…
Employer Found Potentially Liable For Employee’s Conduct After Work
In an opinion last month that did not receive much attention on the employment-law front was the case Lobo v. Tamco, which has huge ramifications for California employers. At issue was if the employer, Tamco, could legally be held liable for one of its’ employee’s negligent driving while he was on his way home. …
Does the California Labor Code Apply to Summer Interns?
With the summer shortly upon us, employers will no doubt be faced with students looking for internship opportunities. Employers need to be very careful in characterizing students as interns, and not paying them minimum wage and following California’s other numerous Labor Code provisions that protect employees.
In April 2010, the Department of Labor Standards…