Employment Law

|Employment Law

A Shot in the Dark – Can You Ask Employees about Their Vaccination Status?

By | April 14th, 2021|Business Law, Employment Law|

Now that many Americans have received, or soon will receive, the COVID-19 vaccination, can you ask your employees whether or not they’ve been vaccinated without running afoul of employment regulations? The Equal Employment Opportunity Commission says that you can ask employees about their COVID-19 vaccination status. That’s because this question alone isn’t likely to cross [...]

Lunch is the most important meal of the day! (at least in the context of employment law)

By | March 17th, 2021|Business Law, Employment Law|

Kennedy Donohue, a nurse recruiter, was the lead plaintiff in a class action lawsuit filed against AMN Services, LLC.  AMN used a timekeeping system called Team Time which rounded its timekeeping in ten-minute increments. In the lawsuit, Donohue alleged that she was discouraged from taking breaks and had to take short breaks. AMN’s written policies [...]

HOW TO GET PAID FOR THE WORK YOU DO

By | March 4th, 2021|Business Law, Construction Law, Contracts, Employment Law|

One of the most important issues for construction companies is to get fully paid for the work they do. Since the advent of COVID-19, we have seen a rise in payment issues to the point that they have become one of the most contested issues of construction claims. The following are good business practices that [...]

Third Time is a Charm for Gig Companies!

By | February 17th, 2021|Business Law, Employment Law|

The highest state court in California recently tossed out a constitutional challenge to Proposition 22. Proposition 22 was a voter-approved law permitting ride-share gig companies to classify their drivers as independent contractors. The lawsuit was filed in January by a group of app-based drivers and one of the nation’s largest labor unions, the Service Employees [...]

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

By | 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 [...]

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

By | 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 [...]

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

By | 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 [...]

What is the Families First Coronavirus Response Act?

By | April 6th, 2020|Business Law, Employment Law|

Families First Coronavirus Response Act and New Department of Labor Regulations On March 18, 2020 the federal government enacted the FFCRA in an ongoing effort to respond to challenges employers face due to the novel coronavirus (“COVID-19”) pandemic. On April 1, the Wage and Hour Division of the U.S. Department of Labor issued regulations to [...]

Top 5 Wage and Hour Risks for California Employers

By | February 28th, 2017|Employment Law|

The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC. Overtime Risks In a recent session at BLR’s California Employment Law Update (CELU) in Costa [...]