Author Archives: Eric Welter

California’s Uber Decision Deepens the Employee vs. Independent Contractor Debate in Emerging Industries

On June 3, 2015, the California Labor Commission found that a driver for the wildly popular ride-hailing service Uber was in fact operating as an employee, and not as an independent contractor, making her eligible for reimbursement of work expenses … Continue reading

Posted in California, Employee Classification, Independent Contractors | Tagged , | Leave a comment

California Chamber of Commerce Announces “Job Killer” Bills of 2015

The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact … Continue reading

Posted in Arbitration, California, FMLA, Minimum Wage, Uncategorized, Wage and Hour, Workers Comp | Tagged , | Leave a comment

New York City Bans the Box and Sets Strict Limits on Pre-Employment Actions by Private Employers

On June 10, 2015, the New York City Council passed the Fair Chance Act, which “bans the box” for private employers. The Act is on its way to the Mayor’s desk, where if signed, it will come into effect in … Continue reading

Posted in Pre-Employment, Privacy | Tagged , , , , | Leave a comment

Minimum Wage Debate Takes Center Stage In Los Angeles Theaters

The national debate on minimum wage recently took center stage in “99-Seat” theaters across Los Angeles. Despite a local members’ advisory vote opposing the measure by a 2-1 margin, the New York-based Actors’ Equity Association enacted a minimum wage requirement … Continue reading

Posted in Minimum Wage, Wage and Hour | Tagged , , , , , | Leave a comment

Online Background Check Disclosure Form Did Not Violate the FCRA

Companies utilizing online applications recently received a favorable ruling regarding the use of online background check disclosure forms. In Goldberg v. Uber Technologies, Inc., et al., the pro se plaintiff challenged the online background check disclosure form used by Raiser, … Continue reading

Posted in Fair Credit Reporting Act, FCRA, Litigation | Tagged , , | Leave a comment

Expanding Legalization of Marijuana Creates New Challenges for Government Contractors

As of spring 2015, 23 states and the District of Columbia have legalized adult use of marijuana for medical purposes. In addition, D.C. and four states – Colorado, Washington, Alaska and Oregon – have legalized recreational use of marijuana as … Continue reading

Posted in Discrimination, Drug-Free Workplace, Government Contractors | Tagged , , , | Leave a comment

Illinois Federal Court Holds That Temps May Make Employers Subject to the ADEA

The Northern District of Illinois opened the door for expanding the definition of “employee” under the Age Discrimination in Employment Act (ADEA). In Rodriguez v. Dynamesh, Inc., a Dynamesh employee brought a lawsuit against the company for race and age … Continue reading

Posted in ADEA | Tagged , , , | Leave a comment

Texas Federal Court Specifies That Disabled Employees Must Ask For An Accommodation

In November 2014, a Federal Court in Houston issued a significant opinion related to employees requiring an accommodation for a disability. In Sumpter v. American Bottling Company et. al., the court held that an employee seeking an accommodation must explain … Continue reading

Posted in ADA, EEOC, Texas | Tagged , , , | Leave a comment

California Appellate Court Permits On-Call Rest Breaks [UPDATED]

[Update: On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Security Services, Inc. The grant of review makes the appellate court’s opinion not citable.]  In Augustus v. ABM Security Services, Inc., a California Court of Appeal … Continue reading

Posted in California, Class Actions, Wage and Hour | Tagged , , , , , , , , | Leave a comment

Final Rule Issued on FMLA Definition of “Spouse”

On February 25, 2015, the U.S. Department of Labor (“DOL”) issued a final rule changing the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to permit individuals in valid, same-sex marriages to receive FMLA spousal care … Continue reading

Posted in DOL, FMLA | Tagged , , , , | Leave a comment

States Take the Wheel and Drive Paid Sick Leave Policy

President Obama’s State of the Union address on January 20th put issues of paid family and sick leave at the forefront of the American psyche. In its wake, states and localities around the country are taking action. Here are just … Continue reading

Posted in FMLA | Tagged , , | Leave a comment

NLRB Ruling Extends Employee Rights for Section 7 Activities to Encompass Company Email Systems

In a decision dated December 11, 2014, the National Labor Relations Board ruled that an employee’s rights under Section 7 of the National Labor Relations Act now extend, in most cases, to the use of company email systems. Section 7 … Continue reading

Posted in NLRB | Tagged , , | Leave a comment

San Francisco Enacts Retail Workers Bill of Rights

San Francisco has enacted two ordinances, referred to as the Retail Workers Bill of Rights, which will strictly regulate the employment of some retail workers in the city. The ordinances became effective on January 4, 2015, but employers will have … Continue reading

Posted in Wage and Hour | Tagged , , , | Leave a comment

Supreme Court of California Finds On-Call Time Compensable Under California Labor Law

The Supreme Court of California recently held that security guards who were required to be “on-call” as part of their security duties were entitled to compensation for their on-call time.  CPS Security Solutions, Inc. (“CPS”) provided 24-hour security for its … Continue reading

Posted in Wage and Hour | Tagged , , , | Leave a comment

Representative Action Waiver and Non-Severability Provision Made Arbitration Agreement Unenforceable

On January 7, 2015, in Montano v. The Wet Seal Retail, Inc., 2015 WL 84677, —- Cal.Rptr.3d —-, the California Court of Appeal, held that an arbitration agreement is unenforceable when it waived statutory representative actions such as claims under … Continue reading

Posted in Arbitration | Tagged , , , , , | Leave a comment