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Employment Law

Employment Issues Continue to Plague Uber, Other Firms

Employment Issues Continue to Plague Uber, Other Firms

A number of companies are facing high-profile legal issues concerning the misclassification of employees as independent contractors.  A recent decision by the California Labor Commissioner's Office, however, could be a game changer.

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ABTL-San Diego Report Publishes Article by William Small

ABTL-San Diego Report Publishes Article by William Small

Small & Schena LLP partner William Small recently wrote an article that was published in the Association of Business Trial Lawyers - San Diego Report.  The article discusses the potential liability of businesses for online and social media activity of employees and legal defenses to claims arising out of such activity.

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Uber Could Face Legal Roadblocks from Employment Classification of Drivers

Uber Could Face Legal Roadblocks from Employment Classification of Drivers

Uber and Lyft each recently lost motions for summary judgment in which they asked federal courts to rule that their drivers are independent contractors - rather than employees - as a matter of law.  The rulings might signal trouble for the business models of Uber, Lyft and other "Gig Economy" companies.  They also highlight the importance of proper employment classification by employers.

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Class Certification Requires Commonality, Not Identical Damages

To the surprise of giant Allstate Insurance, the Ninth Circuit recently upheld class certification of a group of California claims adjusters who allegedly worked unpaid overtime since 2005, despite Allstate's argument that class certification would require individualized determination of damages.
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Ninth Circuit Rules FedEx Misclassified Workers

FedEx has long classified its ground delivery drivers as independent contractors, but on Wednesday, a federal court of appeals panel ruled that approximately 2,300 FedEx drivers in California are employees as a matter of law.  As a result, FedEx may owe these drivers hundreds of millions of dollars, and the ruling could have a ripple effect on class actions brought by drivers of companies such as Uber and Lyft.

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