Employment & Business Attorneys Campbell CA

Employees and Employers Both Winners in Recent Court Decisions (Despite what Others Say)

Two recent decisions by the California Supreme Court and the United States Supreme Court effected a significant (and likely long-term) impact on the rights of employees and employers. One decision is being hailed as a victory for employees and the other is being hailed as a victory for employers. We think each decision benefits . . . → Read More: Employees and Employers Both Winners in Recent Court Decisions (Despite what Others Say)

California employers now banned from asking job applicants about their salary history.

The film “Battle of the Sexes” did a great job of showcasing the struggles women have faced through the years regarding pay equity. When Billie Jean King (played by Emma Stone) and her colleagues pointed out to a tennis promoter that their matches sold as many tickets as the men’s matches, he floundered for some . . . → Read More: California employers now banned from asking job applicants about their salary history.

Walmart Truckers Win Huge Wage Theft Verdict

A seven person federal jury in San Francisco recently ruled that mega-retailer Walmart failed to pay its truck drivers properly. The award is $54 million but that number could go up–way, way up.

The drivers claimed that they should be paid for activities such as waiting in line to load or unload, inspecting and washing . . . → Read More: Walmart Truckers Win Huge Wage Theft Verdict

Your contract? Your choices!

An amusing story made its way around the Internet recently. A tenant in the U.K. received a lease agreement from his landlord via email. The lease was formatted in an editable version of Word, instead of a locked .pdf or other non-editable document. The tenant decided to modify the lease to include a clause that . . . → Read More: Your contract? Your choices!

On January 1 the California Labor Commissioner will get more power to help you get paid!

Anyone filing a claim for wages, overtime, missed meal and rest breaks, waiting time penalties, and reimbursement for employee expenses has to decide whether to file a claim with the California Labor Commissioner or file a lawsuit in Superior Court. Each has its pros and cons. The advantage of filing a claim with the Labor . . . → Read More: On January 1 the California Labor Commissioner will get more power to help you get paid!

Caring for an Elderly Relative at Home Can Cost More than You Think

There are more and more people living well into their 80’s and 90’s. Therefore more people are or will be taking care of elderly parents, including ensuring that they receive proper care and attention at all times. Given a choice, most elderly relatives prefer to remain in their homes instead of moving to an assisted . . . → Read More: Watch out for Caregiver Overtime Claims

Need a lawyer? Bigger is not always better

Nora recently advised a client who needed a severance agreement reviewed. She had been laid off from a local high tech firm that is in the cloud storage business. There seemed to be no dispute that her employment was “at will,” which meant that she could be fired at any time, for any reason or . . . → Read More: Need a lawyer? Bigger is not always better

U.S. Labor Department issues new guidelines on “Employee” vs. “Independent Contractor.”

Read the Department’s latest opinion related to the rise of misclassification cases in the U.S. here:

Uber update-Labor Commission says she’s an employee

In another setback for Uber, a California Labor Commissioner denied Uber’s appeal of a ruling holding a driver is an employee. Here is the decision. The dollar amount of the decision is minuscule, because the commission found that the driver was not entitled to wages, liquidated damages and penalties but the ramifications are huge, or, . . . → Read More: Uber update-Labor Commission says she’s an employee

Nora Rousso, Certified Mediator!

I recently fulfilled a long-held ambition: to complete an intensive, 40-hour mediation course, culminating in the receipt of a certificate from the Santa Clara County Office of Human Relations. I wanted to do this training for several reasons.

First, I thought it would be helpful to my clients for me to have a better understanding . . . → Read More: New hat for Nora–Mediator!