626-795-6001

626-795-6001

Category: Employment Law

  • Changes to AB5 Brings Relief for Some But Not All

    Ever since the passage of AB5, numerous industries have taken aim at changing the law. Some of the bigger challenges have come from the transportation sector, including not just Uber and Lyft, but also from the trucking industry as well. As these challenges continue, both through the courts and proposed ballot initiatives for November, the…

  • Uber and Lyft’s California Operations in Limbo with Continuing AB5 Challenges

    Since AB5 came into effect in California the government has used multiple avenues to enforce the new law. This has put a target on Uber and Lyft in particular, as two of the biggest companies impacted by the law, and the ones that were also the main target of its passage to being with. However,…

  • Protecting your company from staff claims with strong contracts

    As the owner, manager or executive of a commercial transportation company, you know how hard it can be to attract and retain the best professional drivers. Commercial driving is a demanding career and commercial drivers have relatively high turnover rates. When you hire someone new to drive for your company, the contract that you sign with…

  • Lyft and Uber Plaintiffs Begin Using COVID-19 to Support Their Arguments

    Amid the COVID-19 pandemic almost every aspect of life has changed, but unfortunately for Uber and Lyft one thing that’s remaining the same is their continued legal trouble in California. According to Rideshare Drivers United, an advocacy group, two-thousand California ride-share drivers have filed wage claims against the companies, seeking over $630 million for lost…

  • When Your Employee is Injured at Work

    Transportation is one of the most injury-prone professions. As an employer in the transportation industry, you need to know what to do when these claims arise. Even when you are diligent in enforcing safety regulations for your drivers and other staff, accidents can still happen. Here is what employers should do if an injury happens: Get medical…

  • Larson & Gaston Picks Up Two Appellate Victories

    In April 2020, lawyers at Larson & Gaston received a pair of favorable decisions in cases pending before the California Court of Appeal and the Ninth Circuit Court of Appeals. On April 7, 2020, the Court of Appeal of the State of California, Second Appellate District, issued an opinion Ducksworth v. Trimodal Distribution Services, Case No. B294872, affirming…

  • COVID-19 Pandemic: California Employers May Be Required to Reimburse Employees for Remote Work Expenses Incurred During ‘Safer at Home’ Orders  

    On March 20, 2020, Gov. Gavin Newsome issued a statewide shelter-in-place order requiring residents to stay indoors except for certain essential activities, which include buying food and seeking medical treatment.  Residents are not supposed to leave home for work unless they work for an “essential” business, which includes health care.  In compliance with the order…

  • COVID-19 Pandemic: Employee’s paid sick leave and supporting documentation

    Employers are at different stages of dealing with the COVID-19 crisis. Here we attempt to summarize some of the information about new laws and administrative guidance issued in response to the COVID-19 Pandemic. Some of this information will not apply to all employers, particularly depending on what state and local orders are (or are not)…

  • State of Trucking Industry in Flux During Trying Times

    With coronavirus or Covid-19 taking center stage in our lives, the ramifications of the cancelations and closures are hitting everyone in both their personal and professional lives. As individuals and businesses try to adjust, the trucking industry finds itself in a unique position in handling the virus, all amid other global issues hitting the industry…

  • How startups can avoid asking illegal interview questions

    Entrepreneurs understand the time, resources and sweat equity it takes to start a business. Of course, one of the biggest obstacles they have to overcome is finding, hiring and maintaining the right people. Startup owners often have a hard time with this. That’s because many top performers in the market tend to go to more…

  • The Uber Business Model Continues to Take Hits Across the Country

    As we’ve covered in detail on this blog, the gig economy, particularly the model followed by companies like Uber, has been struggling to defend the independent contractor model of hiring. This struggle has been particularly obvious in California with the California Supreme Court’s Dynamex ruling on employee classification and the passage of AB 5 that followed. Now, New Jersey…

  • California Expands the Reach of Dynamex ABC Test with AB 5

    As covered on this blog, California has been taking steps to limit the classification of workers as independent contractors. While this has taken on different forms, including the monumental Dynamex decision, the state legislature recently finalized its own measure with the passage of AB 5 to codify the ABC test set forth in Dynamex. The passage of the bill largely…

  • Dynamex Decision Could Rock the Employment Market Even More than Initially Thought

    As discussed on this blog, the Dynamex court decision has evolved since it first came down last year, with its overall impact on the employment market still being determined and understood. The latest in this line could have an extraordinary impact on many industries. In May, the Ninth Circuit determined that the Dynamex decision could be applied retroactively. This…

  • Dynamex Decision Could Rock the Employment Market Even More than Initially Thought

    As discussed on this blog, the Dynamex court decision has evolved since it first came down last year, with its overall impact on the employment market still being determined and understood. The latest in this line could have an extraordinary impact on many industries. In May, the Ninth Circuit determined that the Dynamex decision could be applied retroactively. This…

  • Obtaining Employee Background Checks? Get It Right or Get Ready!

    It is entirely common for employers to seek consumer reports and background checks on prospective and current employees. However, the law governing how the employer can go about this can be tricky, and if done wrong leads to a massive legal nightmare. The most recent example of this is Gilberg v. Cal. Check Cashing Stores, LLC.…

  • Caution urged in wake of American Airlines ADA settlement

    American Airlines and its largest regional affiliate, Envoy Air, recently agreed to settle a lawsuit that accused the airlines of denying accommodations to disabled workers. American and Envoy agreed to pay $9.8 million to resolve claims that they didn’t allow disabled workers to return to their jobs or transfer into open positions when they had restrictions…

  • Human resources help protect against sexual harassment

    Sexual harassment is having a moment in the news right now – and it’s not a good one. While the victims are getting a chance to share their stories without shame, it shows a much larger issue within the workplace in the entertainment industry. This problem doesn’t start and stop with the film and TV…

  • Investors to Starbucks: Is your parental leave policy fair?

    In what has been called potentially “the first shareholder proposal calling for a company to rethink its policy on paid family leave,” Starbucks is being pressured to publicly address a glaring gap that exists regarding a key employee benefit. Namely, that is time off for a worker following the birth of a child. Starbucks’ family leave…

  • Focus on emotional distress damages in FLSA cases

    In the workplace, and as regards the interaction between employers and employees, the relationship is symbiotic. That is, each side needs the other and engages in a balancing act of give and take. Labor exchanged for wages. Time for food. It’s an interesting phenomenon, isn’t it? And while it is certainly true that both sides…

  • More discrimination-charged drama in Silicon Valley

    A recent Bloomberg article terms it an “imbroglio.” Other depictions might be apt, too, of course, including this one: public relations disaster. It hasn’t been the sweetest August thus far for tech giant Google, which, rather than currently being in the news for mainstream articles on business performance and related information is instead embroiled in…