October 2011

By: James Kachmar

Last month, we told you about a bill, SB 459, that was awaiting the Governor’s signature. SB 459 would penalize employers who willfully misclassify employees as independent contractors. See alert at https://www.thelelawblog.com/2011/09/articles/new-legislation-and-regulation/legislative-alert-employee-misclassification-bill-sent-to-governor/.

On Sunday, October 9, 2011, Governor Brown signed SB 459 into law. As we advised last month, employers are

In September 2011, a federal jury in Virginia awarded DuPont $919.9 Million in a trade secret misappropriation case.  DuPont brought the case against Kolon Industries, a South Korean competitor, claiming that Kolon misappropriated 149 of its trade secrets relating to its aramid fiber technology, which is used in products such as Kevlar body armor.  The

Steve Jobs has passed away, leaving many iMourners beside themselves today. His legacy has touched many aspects of everyone’s lives, from the way they now conduct business on a tablet, to the way they remember what groceries to get, to the amount of overtime people are owed ….WHAT!?! How did that last bit get in there?

Our blog is not just satisfied mentioning Jobs passing, finding a candle app on our iPad and holding it above our heads. We must look at the lasting impact the iphone, ipad, and other electronic devices have on wage & hour law in the workplace.

As a harsh reminder of the impact technology is having on wage & hour law, recently Chicago police Sgt. Jeffrey Allen filed a class action against the City of Chicago claiming iOT. Allen is suing the City of Chicago on behalf of himself and others, seeking pay for time spent dealing with work-related phone calls, voice mails, emails, text messages and work orders via BlackBerry devices and similar “personal digital assistants.” The officer alleges these activities entitle the group to overtime compensation under the federal Fair Labor Standards Act (FLSA).Continue Reading Bits and Bytes

The Computer Fraud and Abuse Act (“CFAA”), enacted in 1984 was the first federal law to address computer crime.  It originated as a criminal statute and initially was directed only to important federal interest computer crimes.  As information technology and applications increased exponentially over the next two decades, so did the scope of the CFAA.