Author Archives: Seth Mehrten

Limo Company Alleges Uber Misclassified Drivers

Limo Company Alleges Uber Illegally Saved $500 Million by Misclassifying Drivers as Independent Contractors A limousine company recently filed a lawsuit against Uber in federal court alleging that Uber misclassified its drivers as independent contractors, to illegally obtain a competitive advantage over its law-abiding competitors (referring to taxi companies and livery services). The limo company […]

Recent Decision Sheds Light on California’s New Independent Contractor Test

Court of Appeal Finds ABC Test Only Applies to Wage-Order Claims Determining whether to classify a worker as an independent contractor or an employee can be tricky business under California law. Add the significant risk associated with misclassifying workers as independent contractors, and the end result is a high stakes game of litigation roulette. Several […]

Mere Knowledge of Missed Meal and Rest Breaks Not Enough to Establish Employer Liability

Employer Knowledge of Employees Skipping Meal and/or Rest Breaks Alone Is Insufficient to Establish Liability California employers, including staffing agencies that provide temporary employees to their clients, are not required to police staff to ensure compliance with meal period obligations or to investigate time records to uncover possible violations.  The California Labor Code guarantees that […]

Jury Awards Diabetic Employee $725,000 in Recent Disability Discrimination Case

Dollar General Discriminated Against a Diabetic Employee by Firing Her for Drinking Orange Juice in Violation of an “Anti-grazing” Policy A federal appellate court recently upheld a $725,000 jury verdict against Dollar General for discriminating against an employee on the basis of her disability. Central to the lawsuit was $3.38 worth of orange juice. This […]