Labor Commissioner Holds Uber Drivers are “Employees” not “Contractors”
A California Labor Commissioner recently held that Uber drivers are “Employees” and not “Contractors”. In reaching its decision, the Labor Commissioner reasoned that Uber controls the tools driver...
View ArticleService Advisors” at Car Dealerships Entitled to Overtime Wages
In March 2015, the U.S. Court of Appeals in Navarro, et al. v. Encino Motorcars, LLC, held that “Service Advisors” working at a car dealership were not exempt, and thus entitled to receive overtime...
View ArticleMortgage-Loan Officers entitled to Overtime Pay under the FLSA
The United States Supreme Court in Perez v. Mortg. Bankers Ass’n held that “typical” mortgage loan officers are not exempt and therefore entitled to overtime pay under the FLSA. The post...
View ArticleCA SUPREME COURT LEVELS THE PLAYING FIELD
California courts hold that an unsuccessful plaintiff that files a lawsuit under the Fair Employment and Housing Act (FEHA) is only liable for the prevailing defendant’s attorneys’ fees if the Court...
View ArticleAnother Victory!!
I am pleased to announce that I just obtained a Judgment in the amount of $680,172.00 against a company for not paying my clients overtime and minimum wages. The post Another Victory!! appeared first...
View ArticleEmployee’s Inability to work for Supervisor is not a “Disability”
In Higgins-Williams v. Sutter Med. Found, 237 Cal.App.4th 78 (2015), the court held that “an employee’s inability to work under a particular supervisor because of anxiety and stress related to the...
View ArticleDOL Narrows Definition of Independent Contractor
On July 15, 2015, an in an effort to curb the mis-classification of employees as independent contractors, the U.S. Dept. of Labor narrowed the definition of independent contract. The new definition...
View ArticleEmployment Law & COVID-19 (Coronavirus) – What are my Rights?
Dear Family & Friends: I am hoping that you are all staying inside, are safe and well. Many of you will be having employment law issues arising from the Covid-19 (“Coronavirus) pandemic. Please...
View ArticleThe Families First Coronavirus Response Act
The Families First Coronavirus Response Act The U.S. Department of Labor has moved quickly to implement new emergency paid sick leave laws. The Families First Coronavirus Response Act is one of...
View ArticlePolitical Activity Is Protected
California Labor Code Section 1102 prohibits an employer from coercing, influencing or attempting to coerce or influence employees’ political action or political activity. Has this happened to you?...
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