September 1, 2015 – Judge Edward Chen certified a class today in O’Connor v. Uber Technologies, Inc., in which the plaintiffs claim that they, and everyone else who has driven for Uber since August 2009, was an employee of Uber, … Continue reading
August 19, 2015 – The State Supreme Court announced today that it will review a lower court’s ruling on what discovery may be taken – and when – by a plaintiff in an action under the Labor Code Private Attorneys … Continue reading
July 15, 2015 – The Department of Labor’s Wage and Hour Division Administrator today issued “interpretative guidance” aimed at stemming the “problematic trend” of misclassification of employees as independent contractors. The Administrator’s goal is righteous: Numerous commentators and judges have … Continue reading
June 17, 2015 – An answer to this important question – at least as to California Lyft and Uber drivers – may be close at hand. The effects of the answer will likely ripple throughout the “on-demand” or “sharing” economy … Continue reading
UPDATE, August 19, 2015 – Mr. Williams is challenging the Court of Appeal’s ruling, described below, and the California Supreme Court has agreed to review the case. This means, among other things, that litigants and courts can no longer cite … Continue reading
May 5, 2015 – The Supreme Court for the County of Erie, New York denied the National Football League’s motion to dismiss claims against it brought by current and former members of the “Buffalo Jills,” i.e., the cheerleading squad for … Continue reading
April 10, 2015 – The Ninth Circuit reversed a district court’s award of summery judgment to Sears, Roebuck and Co. in a disability discrimination lawsuit brought by Anthony Nigro, a former maintenance worker. In so doing, the court emphasized the … Continue reading
March 20, 2015 – In a report issued earlier this week, the National Labor Relations Board (“NLRB” or the “Board”) discussed the intersection of companies’ copyrights and trademarks, on the one hand, and employees’ rights under the National Labor Relations … Continue reading
March 27, 2015 – A new Department of Labor regulation took effect today, expanding the definition of “spouse” in the Family and Medical Leave Act (“FMLA”) to include same-sex partners who were married in states – regardless of whether the … Continue reading
March 25, 2015 – In a decision garnering support from both liberal and conservative Justices, the Supreme Court today in Young v. United Parcel Service interpreted the Pregnancy Discrimination Act (the “Act”) as creating a balancing test unique to pregnancy … Continue reading