Employment Law Blog

Another Uber Class-Action Lawsuit

Of the estimated 50,000 Uber drivers operating in California, thirty of them have started a class–action lawsuit against the company.  The complaint claims that Uber has been misclassifying all of its California drivers as independent contractors rather than employees ever since the Dynamex case was decided.      Dynamex, of course, is the California Supreme Court decision, published on April 30, 2018, that proclaimed that the “ABC Test” is the proper test for determining whether someone is an independent contractor or an employee. The decision was a significant departure from previous case law on worker classification.  Notably,...

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Employment Law Blog

New York (NY) Wrongful Termination Laws

What NY workers need to know about their rights in cases of illegal retaliatory employment termination NY Wrongful termination occurs when an employee is fired for an illegal reason.   But NY wrongful terminations are rare.   This is because most all New York employees are employees-at-will.   An employee-at-will can be fired for any reason or no reason at all....

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Employment Law Blog

California’s Gig Law is Impacting Musicians, Actors and other Creatives in a Bad Way

Proper classification of independent contractors and employees has never been simple, and the passage of California’s new gig law Assembly Bill 5 (“AB5”) ensures this issue will continue to pose challenges for workers and businesses alike. AB5 took effect on January 1, 2020. While the full impact of this new legislation is yet to be seen, there are legitimate concerns about how this...

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Employment Law Blog

California’s Gig Economy Forecast: More Lawyers, More Rhetoric

Some things seem certain for gig economy companies like Uber in 2020:  they will continue to accrue legal fees and continue to claim they are just “mobile application platforms” and emphatically not service providers.   Let’s look at Uber as an example.   Even as it defends against multiple lawsuits brought by its drivers, Uber is now suing the State of California. Case No. 2:19-cv-10956.  The central issue in these lawsuits is whether Uber’s operations constitute a legitimate business model matching independent drivers to riders needing rides, or whether Uber is just a modern profit machine rebuilt from the age-old cogs and...

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Employment Law Blog

California’s Gig Economy Law: 5 Things to Know

The new “Gig Economy Law” – also known as Assembly Bill 5 (AB5) – was signed into law on September 18, 2019.  How much the law will actually impact California companies, employees and independent contractors has been a hot topic ever since.   Here are five things you should know about AB5:  1.  The law’s intent is to guard against further “erosion of the middle class and the rise in income inequality,” and to protect workers from being exploited in the gig economy. ...

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Employment Law Blog

A Successful Exit with Financial Wins OR Transforming Taste for Vengeance into Financial and Career Gains

How we helped a NYC banking sales star transform her vengeful rage into a successful exit, in a case combining promotional pass-over, unvested stocks and non-compete I gave my all to the bank; that promotion was mine! I felt so violated!” Hell hath no fury like an employee scorned – and Rachel was livid. She was passed over to...

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Employment Law Blog

Non-Compete Trends Favor Executive Mobility

An encouraging new trend we have seen lately is more states enacting laws or enhancing existing laws that limit the enforceability of non-compete clauses.  The specific laws that apply to non-compete clauses in employment contracts vary greatly from one state to another.  While some of the basic law around this area is outlined in court opinions — or “case...

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Employment Law Blog

The Janitor Rule Mops Up Another Non-Compete Agreement

The Janitor Rule is a tool used to invalidate non-compete agreements.  This rule, also known as the “janitor analogy,” applies to non-compete agreements that are so broad that they would bar employees from even working as a janitor at another company.  In other words, the non-compete agreement prohibits employment or affiliation with a competitor in any capacity. While non-compete agreements...

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Employment Law Blog

Breakdown Triggered by Shaming at Work

Wrongful dismissal case was mediated for business owner-turned-employee struggling with mental illness George grips the metal rail of his hospital bed and tries to raise himself enough to glimpse the clock behind the floral arrangements of well-wishers. “How long have I been here?! My boss will be furious!” He feels the familiar panic rising in his throat, despite sedation....

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Employment Law Blog

Fired at Will – You Can Lose Your Job for Any Reason

You might feel that you have cannot be fired without a good reason. Many people feel the same way. But the brutal truth is that you can be fired for any reason or no reason. This is due to the employment at will rule.  In order to understand this rule better, lets take a look at a real word...

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