Hopkins & Carley

Uber Driver—Independent Contractor or Employee? One Labor Commissioner Hearing Officer's Opinion

A hearing officer for the Labor Commissioner’s local office in San Francisco concluded earlier this month that an Uber driver was an employee of Uber, not an independent contractor. As a result, the hearing officer awarded the…more
| Administrative Law, Labor & Employment Law, Transportation

Two Good Reasons to Keep Your Company's Job Descriptions Current and Accurate

Job descriptions often fall to the bottom of the human resource “to do” list. An audit of almost any company’s job descriptions will reveal job descriptions that are outdated, vague and carried forward from the company’s distant…more
| Civil Rights, Labor & Employment Law

Sham Guaranty Defense Curbed by California Court

Last month in CADC/RAD Venture 2011-1 LLC v. Bradley, the California Court of Appeal ruled against the "sham guaranty" defense by guarantors who had formed the borrowing entity without being asked to do so by the lender. This…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Finance & Banking

"Make-Up" Time is Attractive to Employees and Employers, but is Easily Misused Creating Risk for the Employer

We wrote recently about "comp time" as an attractive but risky alternative to overtime for non-exempt employees. "Make-up" time falls into the same risky category. Employees often like to make up missed time instead of…more
| Labor & Employment Law

Lessons for Employers from the Pao Trial

On March 27, 2015, a San Francisco jury returned a verdict in favor of venture capital firm Kleiner Perkins Caulfield & Byers in the highly publicized trial of sex discrimination and retaliation claims asserted by Ellen Pao. The…more
| Civil Rights, Labor & Employment Law

Get Ready for the New California Family Rights Act Regulations

Updates to the California Family Rights Act ("CFRA") regulations have been approved and are set to take effect on July 1, 2015. The new CFRA regulations are largely focused on harmonizing an employer’s obligations under CFRA and…more
| Labor & Employment Law

"Comp Time" is Attractive to Many Employers, but Serves as a Trap for the Unwary

Many employers seek to avoid paying overtime compensation by providing compensatory time off, or “comp time,” to non-exempt employees who work more than eight hours in a day or more than 40 hours per week. Although compensatory…more
| Labor & Employment Law

Understanding Expense Reimbursement Rules Is Critical As Claims Are Likely to Rise

Employers commonly reimburse expenses incurred by employees in the course of their employment, but many employers do not fully understand their obligations with respect to the reimbursement of business expenses. In light of the…more
| Labor & Employment Law

Reasonable Accommodation and the Interactive Process—an Employer Prevails

An employer’s obligation to engage in the interactive process and to provide a reasonable accommodation to a qualified disabled employee as required by the Fair Employment and Housing Act is no simple task. More often than not,…more
| Civil Rights, Labor & Employment Law

2015 Tax Update Letter

Dear Clients and Colleagues: This letter is an update on the most recent estate and gift tax developments and serves as a follow-up to our past yearly tax updates, which can be accessed by clicking the “Family Wealth and…more
| Labor & Employment Law, Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

California's New Paid Sick Leave Law — Are You Ready?

We previously reported on the paid sick leave law that California passed last year. While no employer is required to provide paid sick leave to an employee until July 1, 2015 when the benefit portion of the new law becomes…more
| Labor & Employment Law

Patent Claim Construction Subject to Hybrid Review Standard

Teva Pharmaceuticals USA v. Sandoz, Inc., U.S. No. 13-854 (Jan. 20, 2015) - Answering the long debated question of what deference the Court of Appeals for the Federal Circuit should give in reviewing district court claim…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Mendiola Decision Highlights a Key Issue - The Calculation of "Hours Worked"

The continuing stream of lawsuits challenging employers’ payroll practices is well-documented. A large portion of wage and hour lawsuits seek to recover overtime compensation that should have been paid to employees who were…more
| Construction Law, Labor & Employment Law

Typo Disastrous for Lender

The United States Court of Appeals for the Seventh Circuit recently issued a harsh opinion for lenders in In re: David L. Duckworth. The case provides a startling example of the drastic consequences of failing to carefully…more
| Bankruptcy, Civil Procedure, Finance & Banking

A Review Of Recent Developments Of Interest To Employers

In This Review: - 2015 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Developments…more
| Administrative Law, Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law
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Contact

The Letitia Building 70 South First Street
San Jose, CA 95113, United States

  • 408-286-9800

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
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  • Toxic Torts
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Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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