Ben Gipson

Ben Gipson

DLA Piper

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The Love Contract – Taking the Romance Out of Office Trysts

If Valentine’s Day leads to many office hookups, then April Fool’s Day can be considered the traditional day of mourning for imploded relationships. HR professionals fear April 2: the annual day of harassment complaints...more

4/1/2015 - Anti-Harassment Policies Love Contracts Sexual Harassment

Workplace policies and class action certification: key takeaways from two California cases

Is the California courts’ pendulum swinging back to a more balanced approached to employment class action certification? In the last two days, two seemingly similar cases were decided with very different results: Koval v....more

1/9/2015 - Class Action Class Certification Employer Liability Issues Employment Policies Putative Class Actions Rest and Meal Break Wage and Hour

Andrew Carnegie’s Advice On Corporate Matching And Avoiding Criminal Prosecutions

Many employers have matching programs for charitable contributions. Under such policies, the employer donates dollars equal to each employee donation to any 501(c)(3) organization. This is American capitalism at work; this is...more

12/3/2014 - 501(c)(3) Anti-Terrorism Act Charitable Donations Compliance Corporate Social Responsibility Employer Liability Issues FCPA Qualified Charitable Distributions

Social Media Policies in the Workplace

Social media usage is now ubiquitous: - Facebook users spend more than 10.5 billion minutes per day on the website. - LinkedIn has more than 277 million members in over 200 countries and territories. - Twitter...more

8/19/2014 - Compliance Employer Liability Issues Retaliation Social Media Social Media Policy

Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers

After what seems like years of confusion, the California Supreme Court this week clarified the permissible scope of class action waivers in arbitration clauses in California on June 23 in Iskanian v. CLS Transportation Los...more

6/27/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian Trucking Industry

You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualized defense...

Class action trials have long been the bogeyman no one talks about in California. Parties had to address whether a class action was “manageable” before it was certified, but because the vast majority of class actions never...more

6/6/2014 - Class Action Class Certification Employer Liability Issues Evidence Statistical Sampling U.S. Bank National Association Wage and Hour Wages

Staying Productive in the Wild Wild West: Employer Responses to Bring Your Gun to Work Laws

It’s iconic Americana – the Earp brothers and Doc Holliday walk down an empty main street in Tombstone for their showdown with the Ike Clanton gang. But, can you refocus and replay that scene one more time but now with the...more

5/14/2014 - Employer No-Weapons Policies Gun Laws

Man bites dog: recovering attorney’s fees from vexatious employees

California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something. While some suits have merit and others are understandable, there are suits...more

2/28/2014 - Fee Awards Former Employee Frivolous Lawsuits Nuisance

Successor Liability For Employment-Related Claims: A Pain In The Assets

There is a myth that buyers are protected from employment liabilities arising under prior ownership if there is a broad disclaimer and if it is an asset purchase. Not so. Sure, the “general rule” is that a purchaser of...more

1/10/2014

Innovate or Die – Managing Millennials in the Workplace

Millennials have been called the “Me, Me, Me Generation” by Time Magazine; “entitled” by just about everyone; and “slackers” by many managers. Yet, this generation — born between 1980 and 1999 — is comprised of 80 million...more

11/26/2013 - Business Development Employee Retention Managers Millennials

Be Global - October 2013

Be Global is a publication by DLA Piper's Global Employment Group, designed to keep you informed on recent developments around the world. Be Global complements uKNOW, our online international employment, pensions and...more

10/4/2013 - Africa Australia Contract Term Dismissals Email EU Foreign Workers Penalties TUPE Visas

California’s statewide minimum wage increase and what it means for employers

Despite opposition from the Chamber of Commerce, Governor Jerry Brown has signed into law a bill raising California’s minimum wage for the first time since 2008. AB 10 amends the California Labor Code, raising the...more

9/26/2013

Darden: continuing the trend of pro-arbitration decisions

The California Court of Appeal’s recent decision in Leos v. Darden Restaurants, Inc. continues the nationwide trend of courts enforcing arbitration provisions according to their terms. ...more

6/28/2013 - Arbitration Arbitration Agreements FEHA Unconscionable Contracts

California Court of Appeal: rest periods must be separately compensated for employees paid on a piece rate

Continuing the trend established by Downtown LA Motors, where employees paid on a piece rate were required to be paid at least the minimum wage for hours spent waiting to perform work, the California Court of Appeals in...more

6/4/2013 - Collective Bargaining Minimum Wage Piece-Rate Pay Wages

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