Karina Sterman

Karina Sterman

Ervin Cohen & Jessup LLP

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Uber Relieved or Uber Mad? What Does the Recent UBER Misclassification Ruling Mean for Employers?

Last week, the California Labor Commissioner ruled that Uber driver Barbara Berwick was an employee and not an independent contractor, as Uber classifies all its drivers. The ruling was based on the Labor Commissioner’s...more

6/23/2015 - Appeals Classification Control Test DLSE DOL Employees Independent Contractors Labor Commissioners Misclassification Popular Reimbursements Uber

Employment Law Reporter – June 2015

Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It - The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more

6/9/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Job Applicants Minimum Wage Reasonable Accommodation Religious Discrimination SCOTUS Title VII

“I Have Seen the Future and It Works”…Because Workers’ Minimum Wages in Los Angeles Will Increase to $15 per Hour

In a message-sending 14-1 vote, the Los Angeles City Council voted yesterday to increase its minimum wage to $15 an hour by 2020. This increase will apply to small businesses, to part time and tipped employees, and to...more

5/21/2015 - Local Ordinance Minimum Wage Small Business Wage and Hour

This Is NOT A Long-Lost Episode Of Monty Python, But It Could Be: English Vicar’s Wrongful Termination Claim Is Thrown Out After...

Reverend Mark Sharpe filed a claim of wrongful termination (or “unfair dismissal”, as they call it in England) against his employer after being forced out by purportedly having his tires slashed, his post tampered with and...more

5/19/2015 - Employer Liability Issues Joint Employers Joint Liability Labor Contractor Wrongful Termination

Employment Law Reporter – May 2015

EEOC Issues Notice of Proposed Rulemaking on Employer Wellness Programs — Some Employers Don’t Feel So Good As a Result. On April 20, 2015, just in time for the summer fitness fads and weight loss challenges, the Equal...more

5/12/2015 - ADA Affordable Care Act EEOC Employer Group Health Plans NPRM Voluntary Participation Wellness Programs

The Most Talked About Recent Employment Case That Probably Doesn’t Affect You: Young v. UPS

You may have been hearing a lot in the last few weeks about an important “pro-employee” case in which the US Supreme Court revived a pregnancy discrimination case against the United Parcel Service. What you may not be...more

4/2/2015 - ADA Disparate Treatment PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Employment Law Reporter – March 2015: A New EEOC Task Force for Strategies to Prevent and Correct Harassment in the Workplace is...

A New EEOC Task Force for Strategies to Prevent and Correct Harassment in the Workplace is Being Created: This is an Opportunity for Employers to Implement Proactive Measures Now that Will Save them Money Later....more

3/6/2015 - Anti-Harassment Policies Best Management Practices EEOC Employment Policies Enforcement Statistics Task Force

Careerbuilder.com Issues Its Annual List of the Craziest Tardiness Excuses: Do Any of them Sound Familiar?

For some employees, it is not doing their work that is difficult, but rather getting to their work in the first place. While traffic is the most common explanation for tardiness, lack of sleep and bad weather are close...more

2/18/2015 - Employment Policies

EEOC Reports Statistics on Employee Filings for 2014

At the beginning of every year, the Equal Employment Opportunity Commission reports statistics on types of charges filed by employees and former employees over the course of the preceding year. These statistics help employers...more

2/9/2015 - EEOC Employer Liability Issues Enforcement Statistics Information Reports

Some Thoughts on Keeping Good Employees

New York Times bestselling author Daniel Pink wrote the book about motivation. His extensive research and analysis indicated that motivation for the daily grind of hard work does not necessarily come from the “big”, often...more

1/27/2015 - Best Management Practices Best Practices Employee Retention

Employment Law Reporter – December 2014: An IIPP? What’s an IIPP? It’s something confusing that oughtn’t be!

An IIPP is an Injury and Illness Prevention Program, and its purpose is to improve the safety and health in the workplace by reducing costs of injury and increasing employee awareness. An IIPP has been a mandatory requirement...more

12/18/2014 - Employer Mandates IIPP OSHA Workplace Safety

How To Be The “Responsible Employer” Poster Child

As a California employer, or an out of state dabbler, you likely know that in addition to the various Federal postings that must be displayed for employees in the workplace, California has numerous state specific ones that...more

12/9/2014 - DLSE Labor Code Posting Requirements

Calling All Wage Thieves!

(The California Wage Theft Prevention Act Is Meant to Stop Thieving Employers) We’ve written about the CA Wage Theft Prevention Act before. The Act went into effect in 2012 and added section 2810.5 to the Labor Code....more

12/3/2014 - Employer Liability Issues Wage Theft

Titles Matter for Books, Not for Employers (or, How to be Jointly Liable as an Employer Even if You’d Rather Not Be)

Rarely does a court articulate a legal position so clearly that it can’t be stated any plainer. Such is the case in Castaneda v. The Ensign Group, Inc.: “A corporation with no employees owns a corporation with...more

10/17/2014 - Employee Rights Employer Liability Issues Right to Control Shell Corporations

Are You Properly Reimbursing Your Employees?

When an employee drives to a client’s office to close the sale, employers know they must reimburse the employee for that mileage. When an employee flies to a work-related convention to work a booth, employers know they...more

8/29/2014 - Bring Your Own Device Cell Phones Employer Liability Issues Labor Code Reimbursements

Feds Get Technical! Technical! (Sung to Olivia Newton John’s “Let’s Get Physical” of course)

We already know that California’s exempt/non-exempt classification scheme is a complicated system of checks and balances that takes most employers the help of an attorney to traverse. Well, just so we don’t get overly...more

8/7/2014 - Employer Liability Issues Exempt-Employees Hiring & Firing Misclassification Non-Exempt Employees Sales Commissions Time Warner Wage and Hour

The Supremes Sing Out About Control: It is the Primary Test for Deciding Whether a Worker is an Employee or an Independent...

In December 2008, newspaper carrier Maria Ayala sued Antelope Valley Newspapers on behalf of herself and a putative class of other newspaper carriers. The crux of her allegations in the complaint is that Antelope Valley...more

7/25/2014 - Ayala Class Action Employee Rights Employer Liability Issues Independent Contractors IRS Misclassification Putative Class Actions SCOTUS

“Hello there!” (The absolute worst way to terminate an employee.)

The Internet is abuzz about an incredibly tacky, laughably inappropriate mass email that Microsoft sent to nearly thirteen thousand employees informing them, somewhere deep in the self-serving “it’s not you, it’s me” message,...more

7/24/2014 - Corporate Counsel Email Employer Liability Issues Hiring & Firing Microsoft Popular Termination

Employment Law Reporter – April 2014

In This Issue: Pre-Hire Peril: Avoid Self-Sabotage Through Background Checks: In a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission, these federal agencies have...more

4/11/2014 - Background Checks EEOC FTC Hiring & Firing

TIMING MATTERS: Why an Employee Medical Exam is the Last Step in the Hiring Process

You craft and post a job description that is poetry. It generates a flurry of applications. You are so popular that you have your pick of potentially qualified employees for the position. You sift through the applications and...more

4/9/2014 - ADA EEOC Hiring & Firing Screening Procedures

Got Class? Wage and Hour Class Actions in a Post-Brinker World

In 2012, employers awaited the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court with the bated-breath anticipation of a presidential election, or an Olympic luge race. And, boy, was it worth...more

2/19/2014 - Brinker Class Action Dukes v Wal-Mart Rest and Meal Break Wage and Hour

How and Why Your Team Is Everything (And Other Essentials for Startup Success...)

The multi-faceted answer to our question: over the years working with entrepreneurs and inventors, what have you seen as an essential attribute to startup success?...more

2/14/2014 - Legal Perspectives Startups

The Good Deed That’s Likely to Get Punished: Waiting to Fire Someone After Thanksgiving, Christmas, New Year, their Birthday or...

Despite what juries may believe, employers are made up of human beings. Typically, every one of those human beings has a heart and a conscience. Right? While your employees may assume that the decision to fire someone was...more

12/24/2013 - Employer Liability Issues Termination

New Lawyers and Their Legal Secretaries

Like most law school graduates, I never had a secretary until I started working as an attorney at a law firm. She was a seasoned legal secretary, and I shared her with a senior partner. Originally published in Los...more

12/10/2013 - Law Practice Management Young Lawyers

Employment Law Reporter – November 2013

If, like many employers, you have required that your employees sign agreements to arbitrate employment disputes, you probably also specifically assure the employees that by agreeing to arbitrate all claims against the...more

11/4/2013 - Arbitration Arbitration Agreements Compliance Corporate Counsel DFEH EEOC Employee Rights Employer Liability Issues

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