California Labor Code Section 1102 prohibits an employer from coercing, influencing or attempting to coerce or influence employees’ political action or political activity. Has this happened to you? Call Attorney Jason Rodenbo
The Families First Coronavirus Response Act The U.S. Department of Labor has moved quickly to implement new emergency paid sick leave laws. The Families First Coronavirus Response Act is one of several legislative packages that Congress passed in response to the health and economic calamities caused by the COVID-19 pandemic. The law created the first-ever federal mandate that employers…
Dear Family & Friends: I am hoping that you are all staying inside, are safe and well. Many of you will be having employment law issues arising from the Covid-19 (“Coronavirus) pandemic. Please feel free to call me (619-961-5433) should you have any questions regarding your employment. The following is a brief summary of employment…
On July 15, 2015, an in an effort to curb the mis-classification of employees as independent contractors, the U.S. Dept. of Labor narrowed the definition of independent contract. The new definition focuses on the “economic realities” test, which looks at whether workers are economically dependent on the employer. Specifically, the 6 factors which must be…
In Higgins-Williams v. Sutter Med. Found, 237 Cal.App.4th 78 (2015), the court held that “an employee’s inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of the employee’s job performance does not constitute a mental disability under FEHA.” This could have very possibly been a different…
I am pleased to announce that I just obtained a Judgment in the amount of $680,172.00 against a company for not paying my clients overtime and minimum wages.
California courts hold that an unsuccessful plaintiff that files a lawsuit under the Fair Employment and Housing Act (FEHA) is only liable for the prevailing defendant’s attorneys’ fees if the Court finds that the case was frivolous. However, what about costs? Litigation costs can be substantial and may be a factor in deciding whether or…
The United States Supreme Court in Perez v. Mortg. Bankers Ass’n held that “typical” mortgage loan officers are not exempt and therefore entitled to overtime pay under the FLSA.
In March 2015, the U.S. Court of Appeals in Navarro, et al. v. Encino Motorcars, LLC, held that “Service Advisors” working at a car dealership were not exempt, and thus entitled to receive overtime wages.
A California Labor Commissioner recently held that Uber drivers are “Employees” and not “Contractors”. In reaching its decision, the Labor Commissioner reasoned that Uber controls the tools driver use, monitors their approval ratings and terminates their access to the system if their ratings fall below 4.6 stars. This decision could have a massive chilling effect…
