Category: Uncategorized

As discussed on this blog, California seems to be taking the lead nationwide in responding to companies like Uber and Lyft and their practices in classifying their workers. Initially, the Dynamex decision had the courts taking the lead, but more recently California’s Bill Assembly Bill 5 seeks to end worker classification practices the State disapproves of. AB 5 looks to…

With some in the trucking industry pushing for changes to the time truck drivers are legally permitted to spend behind the wheel, the Federal Motor Carrier Safety Administration recently announced propose changes to address this desire. The proposed changes include when a half-hour break is required, changing it to after eight hours of uninterrupted driving time, as opposed…

The effort to define who is an employee and who is an independent contractor has been an ongoing battle in California, particularly since the Dynamex decision that came down from the California Supreme Court last April. While the full impact of the decision in the courts is still being seen, it is no surprise that the issue…

As covered on this blog, California has been taking steps to address 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 AB5 to codify the ABC test set forth in Dynamex. The passage of the bill largely overhauls employment…

As discussed previously on this blog, recent legal developments have complicated the business plans of trucking companies that use independent contractors as drivers. These have included the Dynamex decision that changed the 30-year-old test of whether a worker is an employee or an independent contractor, but appears applicable only in certain circumstances and for only certain legal…

On December 21, 2018, the Federal Motor Carrier Safety Administration (FMCSA) granted petitions submitted by the American Trucking Associations (ATA) and the Specialized Carriers and Rigging Association (SCRA) requesting a determination that the State of California’s Meal and Rest Break rules (MRB Rules) are preempted under 49 U.S.C. 31141 as applied to property-carrying commercial motor…

As discussed previously on this blog, the Dynamex Operations West v. Superior Court decision upended California’s independent contractor market with a new test for whether a worker will be considered an employee. The new test was particularly problematic for the trucking industry. As such, several cases have arisen to challenge the Dynamex decision. The Western States Trucking Association (WTSA) challenged…

Since April 30, 2018, when the California Supreme Court issued its decision in Dynamex Operations West. v. Superior Court, California motor carriers, as well as many other businesses, have been struggling to deal with the unexpected new “ABC test” for deciding who is an independent contractor and who is an employee. Under its problematic B prong,…

American federal law that seeks to ensure fair competition in the commercial realm is both robust and long-tenured, with so-called “antitrust” protections aimed at precluding monopolies and other business-choking strategies being well established and explicit. State laws concerning things like noncompete agreements and restrictive covenants vary. As noted in a recent business article on trade…

The jury has spoken, and what it recently concluded clearly has mammoth medical device and consumer goods company Johnson & Johnson on edge and wary of future outcomes that don’t bode well for the global enterprise. What is obviously of material concern to J&J in an immediate sense is the $37 million verdict pronounced against…

Company principals in all California industries are daily focused on multiple opportunities and challenges across every conceivable work-related sphere. Here’s an elevated concern: workplace-linked domestic violence. That subject matter is virtually guaranteed to make any business owner or manager wince. Employee violence — both its commission and its sad effects visited upon a victim —…

Google, the world-renowned technology giant, has had several legal problems lately. Known for its unique work environment, the company has still allegedly failed to maintain successful employment practices. Observers may recall that Google faced backlash last summer when a controversial memo leaked to the public. Now, a female engineer has filed suit against Google for sexual harassment,…

The regulatory sphere that oversees and guides the American business sector is “ever-changing,” notes a recent Accounting Today article. And that obviously makes it complex for commercial enterprises in Southern California and across the United States that must stay current on evolving trends and standards. Candidly, that is hard to do. We noted the arduous…

We hope that there are several instructive takeaways concerning employment law on our website at the Southern California business law firm of Larson & Gaston. We suspect that one thing central to the realm that likely jumps out from our narrative is employment law’s sheer complexity. The on-the-job interaction between employers and workers encompasses wide-ranging matters.…

Employment discrimination is against the law in various circumstances, which is something for both employees and employers to know. For instance, employers aren’t allowed to turn down a potential employee just because he or she has a disability. As long as an individual is capable of performing the job, he or she should receive a…

Intellectual property is an important asset for any business. Every startup needs to consider how it can protect its ideas and plans for the future. It has to protect its products and its way of doing things. Intellectual property comes in many forms, but knowing how to protect it is important. To start with, you…

In the era of social media, companies have unprecedented opportunities to connect with their customers. However, with this inundation of information—that can be viewed and shared with the click of a mouse—comes elevated risk that a company brands could be misused or abused. May companies have developed social media policies, which dictate the ways in…

fake iPhones, Prada handbags and Nike running shoes. And it’s not just smaller items that are subject to counterfeiting; Chinese counterfeiters have been known to replicate entire American cars. However, the tides appear to be turning, which may signal an end to the counterfeiters’ free rein. In a recent announcement, the Chinese government laid out strategic…

Does the upcoming New Year inspire new business aspirations? For some, this could include the possibility of opening up a new enterprise. There are a number of steps that need to be taken before starting your own business, but three tips to get you started include: These tips are just the beginning. Additional matters may…