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Lyft: The Jury’s Still Out

Lyft: The Jury’s Still Out April 15, 2016. By Jane Mundy.
Los Angeles, CA: Everyone working in the “shared economy” is likely waiting the outcome of the Lyft litigation with baited breath. Attorney Todd Scherwin explains that, if drivers have been misclassified, employers will be on the hook for California overtime and benefits - and it will cost the consumer.
Read [ Lyft: The Jury’s Still Out ]

North Carolina’s “Bathroom Bill” Has Serious Implications for State Employment Law

North Carolina’s “Bathroom Bill” Has Serious Implications for State Employment Law April 14, 2016. By The National Trial Lawyers.
The North Carolina “Public Facilities Privacy & Security Act,” or House Bill 2 (“HB2”) is arguably the most anti-LGBT statute that has ever been passed in the United States of America. But HB2 is about more than just adding limits on what local government entities can do regarding public bathroom usage.
Read [ North Carolina’s “Bathroom Bill” Has Serious Implications for State Employment Law ]

Legacy of the California EDD: Quick to Deny, Slow to Appeal

Legacy of the California EDD: Quick to Deny, Slow to Appeal April 13, 2016. By Gordon Gibb.
San Bernardino, CA: It’s little wonder that Californians turn to the legal system and a California Unemployment Insurance Denial lawsuit to appeal denied benefits, given the apparent track record of the state Employment Development Department (EDD) as outlined in a damning series of articles two years ago in the Los Angeles Times.
Read [ Legacy of the California EDD: Quick to Deny, Slow to Appeal ]

Judge Rejects $12.25 Million Lyft Settlement

Judge Rejects $12.25 Million Lyft Settlement April 11, 2016. By Heidi Turner.
San Francisco, CA: A federal judge has rejected the settlement of a California labor lawsuit, finding plaintiffs’ attorneys undervalued the drivers’ claims and settled the suit for too little money. The ruling came in a California labor claim alleging Lyft drivers were misclassified as independent contractors, which deprived them of the protections and benefits given to employees. Although a preliminary settlement was reached, that settlement did not see drivers reclassified as employees, leading Teamsters and other Lyft drivers to file objections to the settlement.
Read [ Judge Rejects $12.25 Million Lyft Settlement ]

Dr. Pepper Peppered with a Class-Action Overtime Pay Lawsuit

Dr. Pepper Peppered with a Class-Action Overtime Pay Lawsuit April 10, 2016. By Gordon Gibb.
San Bernardino, CA: An overtime pay laws class action was recently launched in the state of California alleging that a bottler of popular soft drinks incorrectly classified its Quality Supervisors as exempt from qualifying for overtime pay. It is also alleged that meal and rest periods, mandated under California labor law, were not provided.
Read [ Dr. Pepper Peppered with a Class-Action Overtime Pay Lawsuit ]

Employment Attorney Predicts Lyft Class-Action Settlement Has Far-Reaching Implications

Employment Attorney Predicts Lyft Class-Action Settlement Has Far-Reaching Implications April 4, 2016. By Jane Mundy.
Los Angeles, CA: Countless independent contractors and employers, not only on-demand companies and Lyft and Uber drivers, are paying close attention to the proposed Lyft settlement. “Many companies hire independent contractors, so whatever the outcome, it may have long-standing implications,” says attorney Todd Scherwin, who specializes in labor and employment law. Under California labor laws, those drivers are currently classified as independent contractors rather than employees.
Read [ Employment Attorney Predicts Lyft Class-Action Settlement Has Far-Reaching Implications ]

60% of Companies are Facing a Class Action – New Survey Report

60% of Companies are Facing a Class Action – New Survey Report April 3, 2016. By The National Trial Lawyers.
According to new research by defense law firm Carlton Fields, corporate spending to defend class actions is up after four years of decline. This marks an important turning point, and defense litigation spending is projected to increase in 2016 as well.
Read [ 60% of Companies are Facing a Class Action – New Survey Report ]

California Unemployment Appeal Not the End of the Road

California Unemployment Appeal Not the End of the Road April 1, 2016. By Heidi Turner.
Sacramento, CA: Having a California unemployment insurance claim denied can be surprising, especially for workers who feel they meet all the criteria for filing a claim. But sometimes employers misrepresent the reason for terminating employment, leading to an unfair California unemployment insurance denial. In such cases, workers can file a claim to have their case considered by the Employment Development Department (EDD). Although there are tight deadlines that must be met, it can be financially beneficial to speak with an attorney to discuss options.
Read [ California Unemployment Appeal Not the End of the Road ]

Tired of Doffing Her Pay, Server Gets Her Plaintiff On

Tired of Doffing Her Pay, Server Gets Her Plaintiff On March 31, 2016. By Gordon Gibb.
Hixson, TN: An Unpaid Wages lawsuit filed just yesterday (March 30, 2016) takes a well-known restaurant chain to task for allegedly forcing, or allowing, employees to work off the clock, and in so doing, paying them less than the standard minimum wage.
Read [ Tired of Doffing Her Pay, Server Gets Her Plaintiff On ]

Lyft Settlement Might Not Pass Muster

Lyft Settlement Might Not Pass Muster March 31, 2016. By Heidi Turner.
San Francisco, CA: The federal judge in a California employment lawsuit said in March that the settlement isn’t high enough to adequately compensate plaintiffs. The California lawsuit, which was filed by Lyft drivers against the ride-sharing company, alleged drivers were employees and not independent contractors, meaning they should have been paid for overtime, reimbursed for expenses and received other employee benefits. In January, Lyft agreed to settle the lawsuit for $12.25 million, but on reviewing the settlement, Judge Vince Chhabria said the $12.25 million was not enough.
Read [ Lyft Settlement Might Not Pass Muster ]

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