Lawsuits

Must Your Website Be ADA Accessible?

When most people think of the federal Americans with Disabilities Act (ADA), 42 U.S.C. section 12101, they think of accessibility of places - of accessible parking spaces, doorways, and bathrooms. But the latest explosion in ADA litigation is from plaintiffs suing company websites for not containing the coding necessary to work with assistive technology.  [...]

Must Your Website Be ADA Accessible?2020-08-10T14:07:37-07:00

Do You Let Your Employees Sit Down at Work? You May Be Required to…

Having employees sitting down on the job may no longer be something that employers frown upon, but may in fact be a legal requirement, under California law. A nine-year legal battle over the provision of seating to cashiers ended in Walmart paying out a $65 million dollar settlement in early October 2018. The settlement [...]

Do You Let Your Employees Sit Down at Work? You May Be Required to…2020-01-08T14:56:39-08:00

The Future of HR

Companies seem to be following two paths when it comes to their HR departments and functions.  The first path is toward greater outsourcing and automation. The second path is almost the opposite - toward reintegration of HR and management, with managers taking a more active role in employee development. Outsourced HR The first type [...]

The Future of HR2020-05-27T17:12:59-07:00

Performance Improvement Plans

What Are They, and When Should You Use Them? The internet is filled with articles claiming that Performance Improvement Plans (PIPs) are essentially a joke. That they are designed to “improve” nothing, but are actually meant to signal to everyone involved that this employee is going to be fired.  Many commentators, including employers and [...]

Performance Improvement Plans2020-05-28T15:27:26-07:00

Ninth Circuit Vacates Jan-Pro

On July 22, 2019, the Ninth Circuit vacated its decision in Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (9th Cir. May 2, 2019). The May Jan-Pro decision had held that the “ABC” test for independent contractor status mandated in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), applied retroactively. [...]

Ninth Circuit Vacates Jan-Pro2020-08-06T10:47:14-07:00

Ninth Circuit Ruling in Jan-Pro Confirms Dynamex is Retroactive!

This May, in Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (9th Cir. May 2, 2019), the Ninth Circuit Court of Appeal held that the California Supreme Court’s landmark independent contractor decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), applies retroactively. This means that companies who classified their [...]

Ninth Circuit Ruling in Jan-Pro Confirms Dynamex is Retroactive!2020-08-06T10:47:08-07:00

Complications for Employers of In-Home Caregivers

More Contractor Complications: Duffey v. Tender Heart and In-Home Caregivers California law regarding independent contractors has been evolving rapidly ever since the California Supreme Court reversed decades of precedent last summer in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). This caused complications for employers of in-home caregivers. That case further restricted [...]

Complications for Employers of In-Home Caregivers2020-01-08T15:28:01-08:00

Tilly: Reporting Time Pay for On-Call Shifts

On February 4, 2019, the California Court of Appeal found that a retailer owed its employees for “on-call shifts” where they never came in to work.  Irvine-based retail chain Tilly’s told their employees to call in two hours before a shift to find out if they were needed.  The court in Ward v. Tilly’s, [...]

Tilly: Reporting Time Pay for On-Call Shifts2020-05-29T15:22:50-07:00

B is for Beware: Companies Should Heed Factor “B” of the New Dynamex “ABC” Test

Reprint from Verdict Magazine - written by Cynthia Flynn.  Volume II 2018. The California Supreme Court’s landmark decision in Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) threw out the 30-year old criteria established in S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations, 48 Cal. 3d 341 (1989) used to [...]

B is for Beware: Companies Should Heed Factor “B” of the New Dynamex “ABC” Test2018-11-30T15:29:52-08:00
Load More Posts