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CAUTION: Don’t Have Your Employees Do Any Company Related Chores After They Clock Out

January 6th, 2021|Business Law, Employment Law|

Apple could be held liable for $60 million in backpay for having employees be searched on their own time after they clock out.

Up to 12,000 Apple retail workers in California are seeking compensation in Frlekin v. Apple, Inc., a class action lawsuit. The lawsuit seeks money for uncompensated time spent waiting for exit searches required by Apple’s ‘package and bag search policy’. The policy requires employees to clock out before undergoing mandatory searches to avoid theft. After clocking out, the searches then take five to forty-five additional […]

Passage of Proposition 22: Uber & Lyft Drivers as Independent Contractors?

December 23rd, 2020|Business Law, Employment Law|

In the lead up to the historic November 3, 2020 election, Uber, Lyft and other gig economy companies poured more than $200,000,000 into the campaign to pass Proposition 22 in California. The opposition labor and union groups spent nearly $20,000,000 fighting Proposition 22. Proposition 22 passed by a margin of 58% vs. 42%. Proposition 22 exempts firms like Uber and Lyft from classifying their drivers as employees as was previously required by Assembly Bill 5 (“AB-5”).

AB-5 took the three-part test to determine whether a gig worker […]

Is Uber And Lyft’s Fight To Keep Their Drivers As Independent Contractors, About Caring For The Drivers Or Reducing Taxes?

October 7th, 2020|Employment Law|

Growth in technology, the desire for flexible lifestyles, and the goal of reducing work-related stress have contributed to the rise of what is commonly known as the “gig economy,” in which individuals perform freelance, contract or temporary jobs. As much as a third of the working population is already participating in the workforce in this manner rather than pursuing traditional full-time work for employers. While a “gig” employment arrangement has benefits for both an employer and a worker, it also raises larger questions about the responsibilities of the […]

Construction Law Alert: What is a pay-when-paid clause?

June 10th, 2020|Construction Law|

Construction Law Alert – Recent Court Decision on Enforceability of Pay-When-Paid Contract Clauses

On April 17, 2020, the CA Court of Appeal handed down a decision that will have major implications for construction industry players including general contractors, subcontractors, and sureties.

In Crosno Construction v. Travelers Casualty and Surety Company, the Court held that an open-ended “pay-when-paid” clause in a subcontractor’s contract was unenforceable. The clause allowed delaying of the payment until after general contractor’s litigation concluded against the owner.

What is a pay-when-paid clause?

A “pay-when-paid” clause addresses the timing of […]