1. Who’s An Employee? The Impact of Dynamex

    The big debate among citizens and employment lawyers in Los Angeles over conditions and circumstances under which workers can properly be classified as independent contractors received a jolt in April, when the California Supreme Court decided the Dynamex case and in the process adopted a standard which makes it much more difficult to classify workers as independent contractors. See Dynamex Operat…Read More

  2. The Dueling Banjos: Two Recent Supreme Court Solos Echo Through California Employment Law

    The courts in the United States often zig and zag in different ways, as some judges lean one way or another. The result is like dueling banjos, with melodies resonating for years as employment lawyers in Los Angeles pick up their own instruments to mimic the rhythm to their own case. Two employment law “solos” are discussed in this blog (to clarify, neither of these cases have anything to do w…Read More

  3. Properly Classifying Exempt Employees

    Employers, start 2018 with a resolution you can keep.  By ensuring you know who your exempt and nonexempt employees are, you can avoid one less headache in this new year. Employers who have or want to have exempt employees must be careful to ensure these employees meet various state and federal exemption requirements.  California has several different exemptions, including: an executive exemptio…Read More

  4. Influencers Need to Be Under the Influence – of the Laws Governing Endorsement Disclosures

    Being a social media Influencer can be very lucrative. Brands are more willing than ever to pay popular Influencers lots of money to tap into their millions of followers, to promote their products to what have proven to be willing consumers. The Federal Trade Commission (the "FTC") is paying attention. They’ve consequently ramped up enforcement of the FTC Act (the “Act”), which is basically …Read More

  5. Priority of Mechanic’s Liens

    One of the most important aspects of the power of mechanic’s lien is its priority over other liens or deeds of trust.  Generally, liens on property follow the rule of “first in time, first in line” meaning that the priority of liens are determined based on the timing of the recording of the lien.  To the untrained contractor or lawyer, this would mean that a contractor’s mechanic’s lie…Read More

  6. Controlling Internet and Email Use of Employees

    Almost every company and governmental agency has written policies against personal use of company computers, which actually are enforced by many companies or agencies.  However, the one area where virtually all companies fall short is in properly stressing to employees the importance of not including personal comments in company emails, or in texts made on company cell phones.  It should be a to…Read More

  7. Bright Lines, Grey Lines, and the Doldrums of Technical Labor Law Interpretation- A Summary of Mendoza v. Nordstrom, Inc. [9th Cir. Nos. 12-57130/12-57144; C.D. Cal. No. 8:10-CV-00109-CJC-MLG]

    On May 8, 2017, the California Supreme Court published a decision that clarified the ambiguous “Day of Rest” that is mandated to be provided by California employers to employees. If you read this opinion, you may have to reread it, possibly several times, to absorb the stew of formulas, statutory and regulatory interpretations, technical labor law rules, and possibly even the Court’s various…Read More

  8. Salary History Bans and the Gender Wage Gap

    Laws prohibiting employers from asking job applicants about their salary history may not have been passed in every state yet, but employers should be paying attention to the issues the law raises—especially in light of a bill introduced in Congress that would ban salary history questions during job interviews nationwide. Massachusetts was the first state to ban public and private employers from…Read More

  9. Nonexempt Classification

    Employers bear the burden when classifying an employee as exempt or non-exempt, and simply providing a title to an employee does not make them exempt. Exempt employees are designated as such because they are “exempt” from certain wage and hour requirements, such as overtime pay, meal and rest breaks, and minimum wage, due to their duties and pay. California law presumes that all employees are …Read More

  10. In for the Long Haul – FAAA Preemption Over Meal and Rest Breaks

    This article briefly explores the interplay between the Federal Aviation Administration and Authorization Act of 1994 and the wage and hour laws for the State of California. Additionally, and peripherally, this article reflects the incredible length of time, resources, and frustration that must be endured when litigating cases that implicate this Act.  The would be plaintiff and unfortunate …Read More