More Litigation Brewing Under AB5 & Worker Misclassification

In another update to the AB5 independent contractor litigation, the California Labor Commissioner’s Office has recently filed lawsuits against transportation companies Uber and Lyft for committing wage theft by misclassifying employees as independent contractors.  The lawsuits allege that by misclassifying workers, Uber and Lyft failed to meet

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Mobile Wash, Inc. Misclassification Lawsuit

The misclassification of workers as independent contractors is a serious and persistent problem nationwide, and certainly in California. A study by the U.S. Department of Labor found that between 10% – 30% of audited employers misclassified workers and that up to 95% of workers who claimed they

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Can My Employer Fire Me Because I am Pregnant?

Do you believe you weren’t hired, denied a promotion or benefits, or were fired because of your pregnancy? If so, you’re not alone. Thousands of women file pregnancy discrimination with the federal Equal Employment Opportunity Commission (EEOC) each year. If your employer has taken adverse action against

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Independent Contractor or Employee in California?

Worker misclassification is all too common in California workplaces. According to the California Department of Industrial Relations, “misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply

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Racial Discrimination in the California Workplace

In California and across the country, peaceful protests in support of equality for people of color are taking place. Our attorneys believe everyone deserves to be treated with respect, and no one deserves to have their rights violated. If your employer has discriminated against you based on

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Common Types of Workplace Sexual Harassment

Even in the era of the #MeToo movement, a recent study by the EEOC shows that nearly 75% of people who experience workplace harassment fail to bring it up with a manager, supervisor, or union representative. This hesitancy can be attributed to fear of workplace retaliation (also

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Webb Law Group Presents at National Business Institute Seminar on HR Law and Wage Issues

Webb Law Group Presents at National Business Institute Seminar on HR Law and Wage Issues

On November 5, 2019, Webb Law Group attorneys Lenden F. Webb, Brooke B. Nevels, and Christopher E. Nichols presented at the National Business Institute Seminar on Human Resources Law held in San Diego, California. Webb Law Group attorneys lectured on wage and benefit issues that are commonly experienced by California employees and employers.

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Labor Code Violations: Who’s Responsible?

Labor Code Violations: Who’s Responsible?

According to California’s Labor Code § 558.1, an employing organization’s managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. While it’s true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law.

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Pregnancy and Disability: Know Your Rights

Pregnancy and Disability: Know Your Rights

On July 25th, 2011, appellant Ana Fuentes Sanchez filed a First Amendment Complaint against her former employer Swissport, Inc. She alleged causes of action for discrimination based on pregnancy disability, discrimination based on sex, and failure to prevent discrimination.

Sanchez accused Swissport of failure to accommodate and engage in a timely, good faith interactive process. Additionally, she alleged retaliation, wrongful and tortious discharge from her position, and intentional infliction of emotional distress. Finally, she claimed that Swissport had engaged in unfair business practices under California Business and Professions Codes, and breach of implied and/or express contract.

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What Makes Someone an Independent Contractor?

What Makes Someone an Independent Contractor?

On April 30, 2018, the California Supreme Court issued a decision on the Dynamex Operations West, Inc. v. Superior Court of Los Angeles case. On that day, the California Supreme Court reinterpreted and rejected the long-standing “Borello” test. This decision was made in order to grant workers greater rights and to encourage a more worker-friendly labor standard.

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California Labor Violations & PAGA

California Labor Violations & PAGA

PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. In essence, PAGA deputizes citizens and allows them to pursue penalties against employers on the government’s behalf. It is another avenue for current or former employees to take against an employer for violating CA employment law and offers certain benefits.

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Wrongful Termination Could Get You $8 Million

Wrongful Termination Could Get You $8 Million

In the case of Jeanette Ortiz, a general manager for Chipotle Mexican Grill in Fresno, her wrongful termination lawsuit awarded her nearly $8 million dollars in damages. What started out as a termination under the pretense of theft of only $626 dollars in cash from the restaurant safe ballooned into a $7.97 million lawsuit.

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Handling a Breach of Employment Agreement

Handling a Breach of Employment Agreement

An employment agreement is a legal agreement documented in writing between an employer and their employee that creates a contract between them and explains the terms of employment. An employment contract may include any of the following: Contact information, including the names, phone numbers, emails, and/or other

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Non-Compete Agreements in California Law

Non-Compete Agreements in California Law

Non-compete agreements are almost always found to be unenforceable in California, with only a small list of very specific exceptions listed in the statute. A notable exception is that non-compete agreements are enforceable against former owners of a company who agree to such a clause with reasonable limitations in time and geographic scope.

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The Basics of Business Law in California

Business law varies based on state. Whether you are a current employee or potential job seeker, or you manage a business of your own, you should be aware of the laws of your state. This is important not only in ensuring that you are being treated fairly

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Employment Law in California

Employment law varies based on state, with each state having its own unique set of laws that apply to its employers that employees would be empowered to familiarize themselves with. Surprisingly, while employment is clearly one of the most important and common things an individual will be

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More Reasons to Consult a Reputable San Diego Employment Lawyer

Both employers and employees have to grapple with constantly changing labor laws on the federal and state levels. If you’ve been mistreated or let go from your job without a satisfactory explanation, a one-man crusade against a powerful and influential corporation can only go so far. Meanwhile, even if all employment in California is considered “at-will” (unless otherwise stated), employers still need to tread carefully when terminating employees.

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The Attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a Class Action Complaint Against General Atomics for Alleged Wage & Hour Violations

On March 19, 2013, the employment attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against General Atomics for alleged wage and hour violations.  Gray v. General Atomics, Case No. 37-2013-00040131-CU-BT-CTL, is currently pending in the San Diego County Superior

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San Diego Employment Lawyer Explains the Importance of Employee Handbooks

Being a business owner in California can be a frustrating experience at times. Not only do you have to worry about keeping your day-to-day operations running smoothly, but you also need to ensure that you are complying with each and every employee-friendly labor law California has to offer.

Sadly, many business owners learn the hard way exactly what type of protections California employees are entitled to.  No matter how big or small your business is, you could likely benefit from an employee handbook that clearly and concisely lays out your employment policies and practices.

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