Tag Archives: Employment Law

California Appeals Court Decision on Arbitration Agreement

In recent weeks, a California Court of Appeal, which is the intermediate court to which parties appeal a trial level decision (and sits one step below the highest court in the state – the California Supreme Court), handed down a decision that has significant implications for how workers are treated as “independent contractors” versus “employees.”

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Class-Action Lawsuit Against Ride-Share Company Uber May Test California Employment Law

Ride-sharing startups are stirring things up in California.  Ride-sharing companies, such as Uber, Lyft, Sidecar, and FlightCar, are in the business of providing vehicles-for-hire.  Using mobile apps and other online programs, these ride-sharing companies connect users in need of transportation with non-professional drivers driving their own cars.  In 2010, the California Public Utilities Company (CPUC)

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Businesses Can Face Significant Costs From Workplace Bullying

Two weeks ago, Jonathan Martin, an offensive lineman with the Miami Dolphins, left the football team amid claims he was being bullied and harassed by teammates.  The main perpetrator of the alleged bullying and harassment appears to be Martin’s fellow offensive lineman, Richie Incognito, who allegedly sent threatening and racially charged texts to Martin.  Incognito

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California Supreme Court Again Delves Into Arbitration Agreements

The Federal Arbitration Act of 1925 (FAA) provides that arbitration agreements are “valid, irrevocable and enforceable, and entitled to the same respect as other contracts.”  In spite of this, the California Supreme Court several years ago struck down an arbitration clause in a consumer agreement because the arbitration agreement did not permit the consumer to

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California Businesses Take Note: Unpaid Internships in the News Again

Vallentino Smith, a 25-year-old from Queens, New York, is suing Donna Karan International over his unpaid internship in 2009.  Smith, who was an undergraduate intern hoping to gain marketing experience, claims that he worked 16 hours per week without pay at the company’s Manhattan headquarters.  The company allegedly told Smith the internship would be a

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Teamwork and Collaboration Can Produce Happier Employees, Greater Success for Your Business, and Fewer Legal Headaches

China Labor Watch is a New York-based non-government organization founded in 2000, to defend the rights of workers in China.  Last month, China Labor Watch released a report documenting the working conditions of laborers at Apple supplier Pegatron. The report concludes that workers at Pegatron’s Chinese factories are working too many hours in poor conditions.

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Employee Training Can Ensure a Good Beginning for Your Startup

Last week, the former communications director for San Diego Mayor Bob Filner filed a lawsuit against him and the city accusing the Mayor of sexual harassment.  Since then, several other female staff member and constituents have come forward with similar accusations against Mr. Filner.  This week, the Mayor’s attorney argued in a letter to the

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Daily Journal Article: What SF & LA Businesses Should Know About Interns

Last week the CEO of the De Cárdenas Law Group, Antonio De Cárdenas, was published in the Los Angeles Daily Journal. The article discusses the need for all California businesses to be aware of the legal issues affecting summer internships.  Far too many companies are haphazard about the process, resulting in violation of employment laws and severe

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