Brian Inamine

Brian Inamine

LeClairRyan

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Berwick V. Uber: Small Decision, Uber-Sized Headache

In a somewhat unexpected, but not that surprising, ruling, the California Labor Commissioner, on June 3, 2015, issued a 12-page decision in favor of a pro se plaintiff driver against mighty Uber Technologies, Inc. for...more

6/24/2015 - Appeals Burden of Proof Business Model Control Test Drivers Employee Definition Employer Liability Issues Independent Contractors Misclassification Multi-Factor Test Uber

U.S. Supreme Court Refuses to Hear Iskanian v. CLS Transportation Appeal

Last summer, the California Supreme Court ruled in Iskanian v. CLS Transportation Los Angeles, LLC that the Federal Arbitration Act (FAA) preempted California’s policy against enforcement of class action waivers in...more

1/28/2015 - Arbitration Class Action Class Action Arbitration Waivers Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian v CLS Transportation Mandatory Arbitration Clauses PAGA Petition for Writ of Certiorari SCOTUS Trucking Industry

New Job Interview Rules Restrict California Employers’ Ability To Question Applicants’ Background

Recently enacted state legislation that aims to boost hiring may actually jeopardize California employers who are trying to safeguard their existing workers and business assets. Originally Published on Corporate...more

4/29/2014 - Interviews Job Applicants

California Employee Termination – Getting It Right

Letting an employee go is never easy. No one wants to be the bearer of bad news, especially in California where employee terminations seem to frequently end in (or begin) claims or lawsuits alleging discrimination,...more

4/10/2014 - Employer Liability Issues Hiring & Firing Termination

New California Laws Target Whistleblower Retaliation, Expand Protection For Immigrant Workers

A series of recently enacted, far-reaching California laws targeting employers who retaliate against workers could subject the state’s employers and, potentially, their attorneys, to criminal penalties. So far, California—a...more

3/10/2014 - Immigrants Retaliation Whistleblower Protection Policies Whistleblowers

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