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There has been a growing debate between Uber and its drivers at to whether they are employees or independent contractors.   The company would like to have all drivers classified as independent contractors. This would mean they do not have to pay the workers any benefits, they do not have to pay overtime wages, they do not have to pay any portion of a worker’s federal employment tax, and they do not have to pay workers’ compensation if a driver is injured while driving for them.

applestuffIn addition to having to pay less money, the company can also claim it is not liable if an Uber driver is held responsible for a car accident that results in personal injury. There is a long-standing provision in our legal system, which holds employers liable for negligent conduct committed by their employees in many situations. However, if the worker is an independent contractor, there is generally no liability on behalf of the company paying the at-fault contractor. Continue Reading ›

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Legalization of marijuana for medical or recreational purposes has been occurring in states across the county. While people can now use medical cannabis, or even use marijuana recreationally in more places than ever before, without the fear of being arrested, there are new issues involving employment consequences for employees who test positive for marijuana.

tray-of-marijuana-1437843-mOne case that has been making headlines involved a recent decision by the Colorado Supreme Court, which ruled that a business has the right to terminate employees who use marijuana during non-working time, even if those employees have a current and valid prescription for medical cannabis use, according to a recent news article from the Los Angeles Times. While this may make sense to some, including members of Colorado’s highest court, it is dissimilar from other employment law decisions. Continue Reading ›

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According to a recent news feature from Orange County Register, the employment rate in Orange County has finally recovered from the Great Recession and is actually higher than it was in 2006.

moneyThe current number of jobs county officials have provided is 1,548,800. This number is nearly 3,000 more jobs than the county had in December of 2006, when employment reached its peak prior to falling off in the last major recession. Not only is the number of jobs in Orange County continuing to grow, there is a faster rate of growth in this county than the state and national averages. Specifically, in Orange County, we are currently experiencing a year over year growth in employment at 3.4 percent, as compared to the statewide average of three percent and the national average of just over two percent. Continue Reading ›

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According to a recent news feature from the Los Angeles Times, a 28-year-old stagehand is speaking out against the Beverley Hills-based concert promoter for whom he has worked. This company is one of the largest of its kind in the nation and handles concert promotion around the nation.

drummer-909625-mThe employee interviewed for the article says this company “condemns” stagehands to poverty wages while also depriving them of healthcare and retirement benefits. He also says the day-to-day working conditions are unsafe and unhealthy. He claims the company provides virtually no safety training and doesn’t even provide workers with drinking water during their shifts.

One of the main reasons for this situation, he says, is because the concert promoter uses another company as a subcontractor to hire stagehands and technical assistance staff. This subcontractor hires its workers as independent contractors and, therefore, claims it doesn’t have to pay them benefits or adhere to many employment regulations since the workers are not employees. This particular company has only 12 employees at its various regional offices, yet contracts with hundreds of stagehands in each region. Continue Reading ›

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The economy is doing better than it has in years. One of the main benefits of a stronger economy is a lower rate of unemployment.

As it turns out, employment is up in California and across the nation. This will in turn drive the economy further, as people will have more disposable income to spend on consumer products.

applestuffHowever, this recent upturn in the local and national economy is somewhat different than previous periods of economic prosperity. One major difference has to with an increase in the type of employment we are seeing. In the past, greater production lead to more manufacturing jobs. When the economy shifted to outsourced production and services in the 1990s, we saw more sales and marketing jobs and other service-based forms of employment.

Continue Reading ›

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The City of Los Angeles has just passed what many consider a landmark minimum wage bill for all wage earners working within city limits. This is a huge step for residents of the city, but it is not the first example of a city minimum wage law. Los Angeles has simply decided to follow in the footsteps of other major metropolitan areas around the county, upon the realization that a state minimum wage is not a living wage in their cities, and lowest income workers are not able to travel great distances each day to work for the state minimum wage.

to-sign-a-contract-3-1221952-mHowever, these minimum wage hikes will not be of any help to workers who are employed outside of the city, including unincorporated parts of Los Angeles County.   According to a recent news report for the Orange County Register, state lawmakers are now engaged in a major battle over whether or not to raise the statewide minimum wage to $13 per hour by the year 2017. Continue Reading ›

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Sometimes, when an employer withholds pay from an employee, it is because an employer is intentionally and willful committing wage theft. Other times, we are dealing with an accounting or payroll error, which results in accidental withholding of wages. Regardless of the cause, the situation still leaves many workers who are in desperate need of a paycheck without money to survive and take care of themselves and their families. It is not as if their bill collectors and landlords will simply allow them to pay late without accruing any penalties or defaults, because their employer is withholding wages.

notmuchmoneyAccording to a recent news article from the LA Times, many home-care workers have been waiting weeks for their paychecks. This incident involves over 40,000 workers who are employed by a taxpayer-funded program to serve as home-care workers in Los Angeles County. The program was designed to pay these workers to provide much needed home care for elderly and disabled California residents who live in low-income households.

The employees are required to complete their scheduled shifts and then submit a paper timesheet to the project processing center. It has not been said why this process has never been switched over to an online based reporting system, like most other state and federal programs. Continue Reading ›

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Employee wage theft is a serious problem in California. The problem is one that can affect all workers, but the many foreign-born workers in California are disproportionately affected, as unscrupulous employers may take advantage of workers who do not speak fluent English.

heres-is-a-tip-1022839-mAccording to a recent news article from the Monterey Herald, California state legislatures have advanced a “wage theft” bill to protect workers. Specifically, Senate Bill 588 (SB 588), a proposal that passed by 24 to 12 vote, makes it easier for the state to collect wages owed to workers. The bill allows the state labor commissioner to file a lien on the property of an employer who is illegally withholding wages from an employee. Continue Reading ›

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Many younger residents of California only know about the life of Harvey Milk from the movie in which Milk was portrayed by Sean Penn. While that movie did a good job telling the story of Milk’s life and work, many in California benefited from his efforts long before they even knew anything about him.

job-concept-1445172-4-mAccording to a recent feature from Huffington Post, many in California, especially in the LGBT community, are celebrating Milk’s life on the week of what would have been his 85th birthday. Milk had run without success three times before becoming elected to San Francisco’s Board of Supervisors. The main platform of each of his campaigns was to create laws to protect workers form employment discrimination due to their sexual orientation.

When Milk chose to run for represent the eastern half of the city on the state assembly he was defeated by Art Agnos. Agnos pledged he would the legislation Milk had fought for over and over again until it was signed into law. In 1976, his anti-discrimination employment law was passed by the legislature and signed into law by the governor. Continue Reading ›

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According to a recent news article from the LA Times, eight months following Mayor Eric Garcetti’s proposal to raise the minimum wage in the City of Los Angeles, most major stakeholders have expressed their support in raising the minimum wage, or have at least chosen not to fight the inevitable. Now, the debate has shifted to the amount of a minimum wage increase that would be appropriate.

one-dollar-1380007-mIn addition to the amount of the worker base pay hike, city officials are looking at the duration of time over which an increase should be phased and whether some employers should be exempt from having to pay workers whatever new higher minimum wage is eventually passed into city law. Continue Reading ›

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