Articles Tagged with employee arbitration lawyer

The U.S. Supreme Court handed a significant victory to American workers in a case that started as a California employment lawsuit over forced arbitration by independent contractors working in transportation. The decision in New Prime Inc. v. Oliveira was a somewhat surprising outcome given that the court in recent years has a history of favoring corporate interests over workers. (Note: Justice Brett Kavanaugh, who assumed the bench after the oral argument, did not participate in the decision, but the ruling was unanimous.) As our Los Angeles employment arbitration lawyers can explain, this will allow hundreds of thousands of independent contractors nationally to take their cases to court, rather than be mandated to settle them quietly before an arbitrator. Los Angeles employment arbitration lawyer blog

The problem with arbitration – whether it’s a case of product liability or premises liability or unfair wages or sexual harassment – is that it tends largely to favor employers and big corporations. The arbitrators are paid by the companies, the outcomes are not public (depriving the public of pertinent information regarding unfair or unsafe business practices) and even when cases are decided in plaintiff’s favor, they tend to be lesser than what one could expect to receive when cases go to a jury.

This case stems from a dispute between a trucking company employer and a truck driver, who was hired to complete some 10,000 miles of driving as an “apprentice” before he could expect payment. Even after that, he was expected to drive for 30,000 miles as a trainee, during which time he was paid $4 hourly. Then, once he was finally designated a full-time driver, he was still misclassified as an independent contractor, as opposed to an employee. He was required to lease the truck he drove from the defendant, buy his own equipment from their store and purchase his own diesel fuel, often from gas pumps that were owned by the defendant. In any other employment situation, the employer would be the one footing the bill for these expenses. The result, in several cases, was that the “independent contractor” truck driver would have to deduct these expenses from his income, meaning sometimes his paychecks actually wound up being negative. He was paying this company to work for them.  Continue reading

While there is a lot of excitement about the St. Louis Rams’ upcoming move to Los Angeles, the team has been worried that the contracts already executed will become subject to California labor law instead of Missouri law, which is where they were located when the contracts were executed, according to a recent news feature from NBC Sports.

business deal 2The obvious reason the team ownership was concerned about which law would apply to the contracts is because California is a lot more progressive than other states, especially those in the Midwest. In other words, when a labor dispute arises, the law in California is likely to be a lot more favorable to to the interests of the employees than to the employer.  Continue reading

Yahoo has been having trouble for a while now, and that is not much of a secret.  We have already seen a major round of employee layoffs, and, according to a recent news article from the San Francisco Gate, the company is about to make another significant reduction in the number of employees.  This current round of job cuts will mostly be in the magazine division of the company.

typingThis latest round of job losses involves over 300 employees who are currently working at the company’s California location.  The employees were told that their respective last days on the job would be April 18 of this year. Company officials say that cutting their workforce will reduce the overall operating budget, and if they are not able to do that, they will likely not be able to survive. Continue reading