Karina Sterman

Karina Sterman

Ervin Cohen & Jessup LLP

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Latest Posts › Employer Liability Issues


Employee or Independent Contractor: Who is Best Suited to Provide a Meaningful Diagnosis Regarding Your Workers?

We previously wrote about the federal Department of Labor’s perspective on classifying employees and independent contractors here. However, many California employers are subject to the snare of multiple frameworks, all at the...more

9/29/2015 - Control Test DOL EDD Employee Definition Employer Liability Issues Independent Contractors Multi-Factor Test

Employment Law Reporter – September 2015

BACK TO SCHOOL SPECIAL EDITION: Teaching Supervisors When To Contact The Human Resources Department. It’s September. Traffic has swollen to new highs—kids are back in school. Many have forgotten what they learned. Many...more

9/4/2015 - Best Management Practices Employer Liability Issues Human Resources Professionals Supervisors Training

You Have Class!, says Judge to Uber Plaintiffs

A handful of Uber drivers sued the ride-share giant in 2013 alleging that they were functioning as company employees but improperly treated and underpaid as independent contractors. They claimed that Uber had been...more

9/2/2015 - Class Action Class Certification Employee Definition Employer Liability Issues Independent Contractors Mandatory Arbitration Clauses Misclassification Uber

“Heads, You Lose! Tails, I Win!” No Matter Which Way You Play It, The Department Of Labor Interpretation Of Independent Contractor...

The Department of Labor’s Wage and Hour Division has issued an “Administrator’s Interpretation” that elucidates the DOL’s views on the issue of who is an employee and who is an independent contractor under the Fair Labor...more

7/27/2015 - Administrative Interpretation DOL Employer Liability Issues FLSA Independent Contractors IRS Multi-Factor Test 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

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

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 - 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

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

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

Establish Terms of Employment While the Bloom is On the Rose…

When you hire an employee, the trust is untested, on both sides, and the faith is absolute, on both sides. However, inevitably, the trust and faith sometimes get shaken when an employee accuses you of underpaying, paying...more

10/8/2013 - Employer Liability Issues Employment Contract

To Party or Not to Party? That is the Holiday Question

Has anyone thought it was a bad idea to throw a holiday party for all those hard-working, sometimes underpaid employees who have given the better part of each day to make your company great? Or even for those who may not be...more

12/13/2012 - Employer Liability Issues Holiday Parties

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