For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more
7/11/2022
/ ABC Test ,
Class Action ,
Class Certification ,
Dynamex ,
Employer Liability Issues ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Predominance Requirement ,
Putative Class Actions ,
State Labor Laws ,
Subcontractors ,
Vendors ,
Wage and Hour
Check your background check disclosure forms. Now.
The Ninth Circuit has now declared that background check disclosure forms that include state law disclosures are illegal. Gilberg v. California Check Cashing Stores, LLC,...more
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more
8/19/2015
/ Class Action ,
Collective Actions ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Unpaid Overtime ,
Wage and Hour ,
Withholding Tax ,
Workers' Compensation Claim
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more
This Blog is Not about Owen Wilson and Vince Vaughn, But… “The Internship” fails the first test of merit for a comedy: “Is it funny?” I find that opening line in a review from The New Yorker hilarious. (Funnier than the...more
Things that $228 Million will buy: – LeBron James’s waterfront mansion in Miami, listed for $15 million – A 710-year old copy of the Magna Carta, sold in 2007 for $21.3 million – The Oakland A’s, sold in 2005 for $180...more
The core business models of both Uber and Lyft have just been turned over to two separate California juries. These groups of randomly selected citizens will determine whether the drivers for both companies have been properly...more
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania.
...more
2/13/2014
/ Adverse Employment Action ,
Background Checks ,
Class Action ,
Contract Drafting ,
Disclosure Requirements ,
Employment Application ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Waivers ,
Written Consent