Mark Terman

Mark Terman

Drinker Biddle & Reath LLP

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Joint Employer Liability on the Rise

The Issue: Could my company be liable as a joint employer for Labor Code violations of our subsidiary or third-party staffing company?...more

3/20/2015 - Employer Liability Issues Joint Employers Right to Control Staffing Agencies Subsidiaries

San Francisco’s Retail Workers Bill of Rights Has Passed: Are you ready?

Operative July 3, 2015, companies located in San Francisco who are “Formula Retail Establishments” must comply with additional wage and hour requirements under the Retail Workers Bill of Rights (a combination of two...more

12/22/2014 - Employee Rights Local Ordinance Retailers San Francisco Wage and Hour

Elimination of Vacation and Sick Day Accruals. Can that be Legal?

According to a November 17, 2014 article in LAobserved.com highlighted by the Los Angeles Business Journal, exempt non-union Los Angeles Times employees as of January 1, 2015 will no longer be able to accrue vacation days,...more

11/19/2014 - Accrued Benefits Collective Bargaining Employee Benefits Exempt-Employees PTO Sick Leave Vacation Leave

California Enacts AB 1897 Which Means Greater Liability For Employers Who Use Labor Contractors

The new law targets businesses that obtain or are provided “workers to perform labor within its usual course of business from a labor contractor.” The statute’s definition of “labor contractor” excludes bona fide nonprofits,...more

10/8/2014 - Contractors Employee Rights Employer Liability Issues Popular Subcontractors Wage and Hour Wages

Brown Signs AB 1897 Meaning Greater Liability For Employers Who Use Labor Contractors

The new law targets businesses that obtain or are provided “workers to perform labor within its usual course of business from a labor contractor.” The statute’s definition of “labor contractor” excludes bona fide nonprofits,...more

10/7/2014 - Amended Legislation Employer Liability Issues Labor Code Labor Contractor Staffing Agencies Third-Party Liability Wages

Independent Contractors Lying In Wait… An Employment Law Perspective

The Issue: Misclassification of employees as independent contractors is common and it can have “quicksand” impact on employers. In addition to litigation expense, employer risks include compensation and penalties for Wage...more

9/12/2014 - Classification Employer Liability Issues Independent Contractors Misclassification Wage and Hour Wages

President Obama Signs Two Executive Orders to Limit Workplace Discrimination

On April 8, 2014, at an event commemorating National Equal Pay Day (an annual public awareness event that aims to draw attention to the gender wage gap), President Obama signed two executive orders designed to limit workplace...more

5/9/2014 - Barack Obama Discrimination DOL Employee Rights Employer Mandates Executive Orders Federal Contractors Reporting Requirements Retaliation Wage and Hour

What Happens at Work Stays at Work – The California Employer’s Approach To A National Program for Restrictive Covenants and Trade...

In This Presentation: The California Landscape: A Refresher - Post-Termination Non-Competes – Unenforceable under Bus. & Prof. Code §16600 and Edwards v. Arthur Andersen – Other jurisdictions may...more

5/2/2014 - Confidential Information Employee Rights Employer Liability Issues ERISA Hiring & Firing Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Termination Trade Secrets

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