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Tag Archives: misclassification

Settling Individual Labor Code Violations Kills PAGA Claims

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and dismissed his individual claims against his employer. This decision could have far-reaching implications in PAGA litigation, changing… Continue Reading

Upcoming Webinar – Uber v. The World: Redefining Independent Contractors in the Modern Day

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong. Program Highlights… Continue Reading

Upcoming WEBINAR: Saying It’s So, Doesn’t Make it So: Independent Contractor v. Employee Status

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who  get the classification wrong. Program Highlights… Continue Reading

Upcoming Seminar: But I Paid Them a Salary – Overtime or No Overtime? Analyzing the Exempt Status of Employees

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Come join the employment lawyers at Weintraub Tobin as they present the second session of our wage and hour series. Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the… Continue Reading

Upcoming Seminar: Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Join the Labor and Employment team at Weintraub Tobin as we present the final session of our three part wage and hour series. Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action… Continue Reading

WEBINAR – Know What To Do When The Government Comes Knocking: Responding to the EEOC, DFEH, EDD and Other Governmental Agencies

Posted in Discrimination, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

Summary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This webinar will include tips on whether, and how to, conduct a self-audit; understanding the do’s and don’ts… Continue Reading

Employer Wins: Independent Contractor Determination Is Binding On California Labor Commissioner

Posted in Labor Law, Wage & Hour

By:  Lizbeth V. West As many California employers are learning the hard way these days, the misclassification of workers as independent contractors rather than employees can have far reaching consequences when an employer is audited by different governmental agencies during either a random audit or an audit that is prompted in response to a claim… Continue Reading

Upcoming Seminar: Independent Contractor v. Employee – “Saying It’s So, Doesn’t Make It So”

Posted in Wage & Hour

The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Really? Again? – Another California Case Finds that the Parties’ Arbitration Agreement Will Not Govern their Dispute -in this Case a Dispute Centered on Whether or Not the Workers Were Independent Contractors or Employees

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

By:   Lizbeth V. West, Esq. There is a relatively long list of California cases that stand for the proposition that certain types of employment disputes are not subject to arbitration. On October 17, 2012, the Second District Court of Appeal’s decision in Elijahjuan et al v. Superior Court of LA County (Mike Campbell & Associates, Ltd.,… Continue Reading