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Misclassified as Independent Contractors

In a recent decision, a California court found that a business had misclassified its truck drivers as independent contractors.  Garcia v. Seacon Logix, Inc. (2015) 238 Cal. App. 4th 1476.  While the independent contractor factors are well known, it is important to look closely at cases like Garciain...

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Sexual Harassment Need Not Be

The public’s concept of sexual harassment in the workplace typically involves a particular storyline wherein an employee is the target of unwanted sexual advances from a supervisor or another employee.  Generally, the targeted employee feels they are trapped and that any forceful rejection of the se...

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California Sexual Harassment

On September 9, 2014, Governor Brown signed AB 2053 into law and as of January 1, 2015, California Government Code section 12950.1 will be amended to require training on the prevention of abusive conduct as part of the sexual harassment training already required of certain employers.  Section 12950....

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Minimum Wage Increased

On July 1, 2014, the minimum wage in California increased to $9.00 per hour from $8.00 per hour.  The last increase took place on January 1, 2008 and raised the minimum wage from $7.50 to $8.00 per hour.  The next increase will take place on January 1, 2016, when the minimum wage in California will ...

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Independent Contractor or Employee?

One of the most litigated issues in Wage & Hour law is that of misclassification.  That is, whether an employer has misclassified its employees as independent contractors.  One reason for this is the common misunderstanding of what “independent contractor” actually means.  For many employers, th...

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Rise of Temporary Employees

The Great Recession and its aftermath have had a profound impact on employment in the U.S.  In addition to an increase in unemployment which lingered for many years, this time period led to fundamental changes in the way employers hire employees.  One example of such a change was that some employers...

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