Zachary Cantor

Welcome to California: The Captain has Turned on the Overtime Sign

The California Supreme Court’s decision in Sullivan v. Oracle Corporation, No. S170577 on June 30, 2011 shot a tremor down the halls of companies sending employees to work in California. The ramifications for wage-and-hour…more
| Labor & Employment Law

Computers Don't Sue For Overtime Pay...Yet

With the coming of Watson—I.B.M.’s new synthetic Jeopardy! contestant—jobs that require discretion and independent judgment may become a relic of the pre-digital age. This forecast may only exacerbate the…more
| Labor & Employment Law, Science, Computers, & Technology

Your Workplace Computer Is A Lonely Public Roadway

According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of…more
| Communications & Media Law, Labor & Employment Law, Privacy

Your Social Media Policy Needs A Status Update

In light of rapid developments in labor law surrounding social media, employers and their counsel must know how to distinguish between “protected concerted activities” and other employee communications. Indeed, it…more
| Labor & Employment Law, Science, Computers, & Technology, Privacy

The Cat's Paw: How Social Media Can Lead You Astray

The pen has become even mightier since Facebook and its kin stepped into the courtroom. Today, courts consider social media posts to be beyond the purview of the right of privacy—and fully admissible in court. Now, with…more
| Labor & Employment Law, Privacy, Science, Computers, & Technology

The New 9 to 5: Work in the iPhone Age

Ever-increasing connectivity has blurred the distinction between personal time and company time. Electronic communication has become routine at work and at home. For some it is now required. Employment and tort law have not yet…more
| Communications & Media Law, Labor & Employment Law, Personal Injury

If It Walks, Talks, and Looks Like an Employee...

Identifying workers as independent contractors is a precarious undertaking. Many employers believe that labeling a worker an “independent contractor” will end the classification inquiry. The inquiry, however, will…more
| Commercial Law & Contracts, Labor & Employment Law

Social Media At Work: A Growing Danger

There is a growing danger in the workplace for employers and employees alike: Facebook and its brethren. Technology is constantly evolving, far more rapidly than privacy jurisprudence, which comparatively stumbles along like a…more
| Communications & Media Law, Labor & Employment Law, Science, Computers, & Technology, Privacy
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