Recently I published a list of common exemptions under California law. This list of exemptions did not delve into the details of each exemption in detail, so I will be returning to a few of the exemptions to add more explanation about each exempt classification. I’m currently reading Paul Graham’s Hackers and Painters, Big
Technology & Law
Friday’s Five: Uber and Lyft class actions show the difficulties of classifying independent contractors in new “sharing economy”
Uber and Lyft have been sued in separate class action lawsuits in California by drivers challenging
the two companies’ classification of the drivers as independent contractors. The plaintiffs in the two cases argue that the drivers should be classified and paid as employees, which triggers many additional Labor Code provisions for the drivers than if…
Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions…
Top five employment law class action claims for California employers in 2014
Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.…
Are you ready for the increase in minimum wage? Join us for a mid-year update on employment and corporate issues.
My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies.
For more information and to register, please complete the form below:
https://docs.google.com/forms/d/1LU6GudLKMnb4yt4qpvQTagUj9OlxJmaR13JQs79urKI/viewform?embedded=true
Five legally required items often overlooked by California employers
Welcome to Friday’s 5, a series of posts each Friday of lists of five items in various aspect of California employment law. I hope to keep it informative and interesting, and provide a checklist of sorts for California employers to review various practices and policies. Starting off, here is a list of five items not…
Are electronic signatures valid in the employment setting?
Generally, yes, and surprisingly this is one area that legislation is well ahead of the general adoption of the technical capabilities available in the marketplace. For example, in 1999 the California Legislature enacted the Uniform Electronic Transactions Act (the “UETA”), Civ. Code, §§ 1633.1 et seq., which provides that when a law requires a record…
Interviewed for KTLA news story about employers’ use of social media in the workplace
I was interviewed for a news story that aired on KTLA here in Los Angeles about employer’s use of social media in evaluating applicants and employees. I’ve been writing and speaking about this topic for at least five years now, but given the pervasiveness of social media, the topic is only becoming more relevant with…
Can employers use employee’s posts to social media as basis for employment decisions or would this violate an employee’s right to privacy?
Generally, employees have a privacy expectation in their personnel files, contact information, and work related information. However, this expectation of privacy is not limitless, especially when the employee publically airs his or her work experiences on social media sites for the public to see. Courts have held that employees can waive this right to privacy…
Reminder: Webinar On Social Media Under California Law Tomorrow
This will be one of our most attended webinars, and there is still time to sign up. The webinar will cover legal issues facing California employers under the new Labor Code section prohibiting employers from asking applicants and employees for social media passwords, privacy issues when conducting background checks, alternatives to social media policies, and…