by Michelle R. Ferber and Ben McDonald Okun M.D. v. Montefiore Case On July 17, 2015, the United States Court of Appeals for the Second Circuit overturned a district court’s dismissal of a physician’s lawsuit against his employer for Employee Retirement Income Security Act (“ERISA”) violations. The physician sued his employer, Montefiore Medical Center, alleging that Montefiore terminated him for
Is Your Independent Contractor Actually An Employee?
by Michelle R. Ferber and Ben McDonald In July of 2015, the United States Department of Labor stunned the employment world by indicating that most workers qualify as employees under federal law despite being called independent contractors. Considering the harsh repercussions of misclassification lawsuits, employers are justifiably concerned about how to protect themselves. The guidance issued by the Department of
First Amendments to California’s Paid Sick Leave Act
by Michelle R. Ferber and Ben McDonald While the new laws regarding paid sick leave, known as the “Healthy Workplaces, Healthy Families Act of 2014” (“Original Act”), have only been in effect since July 1, 2015, the California legislature has already changed several significant provisions. These amendments, introduced in Assembly Bill no. 304 (“Amended Act”), took immediate effect when signed
California Protects Employees from Weaker Out-of-State Labor Laws
by Michelle R. Ferber and Ben McDonald Late this past May, the California Court of Appeals overturned a ruling by an Orange County Superior Court to hold that forum selection clauses in employment contracts may not prevent employees from pursuing actions against out-of-state employers in California courts under California labor laws. In 2007, Plaintiff Rachel Verdugo was hired by the
New Sick Leave Law, Minimum Wage Increases and Living Wage Ordinances
by Michelle R. Ferber and Ben McDonald New Sick Leave Law On July 1, 2015, California will be enforcing new regulations regarding the sick leave employers must provide to their employees. The Healthy Workplaces, Healthy Families Act of 2014 requires that a California employee who, on or after July 1, 2015, works for 30 or more days per year from
The Mythical Unpaid Intern
The following link will take you to our article in the Contra Costa Lawyer online newsletter published July 1, 2015 regarding unpaid interns. The Mythical Unpaid Intern: Contra Costa Lawyer Online. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular
US Department of Labor Releases Proposed Changes to Overtime Laws
by Michelle R. Ferber and Ben McDonald For the first time since 2004, the Department of Labor is proposing widespread overtime expansions that would offer far more salaried American workers to be eligible for overtime pay. At the direction of President Obama, Secretary Thomas Perez of the Department of Labor has submitted a proposal to increase the salary threshold that
Dislike of Your Boss Is Not a Disability
by Michelle Ferber and Ben McDonald The California Court of Appeal for the Third Appellate District upheld a Sacramento County Court’s grant of summary judgment for an employer in a case involving an employee who sought disability claims for the anxiety and stress she allegedly suffered due to the standard supervision of her employer. Defendant Sutter Medical Foundation hired Plaintiff
Thinking of Passing on Uniform Costs to Your Employees?
by Michelle Ferber and Ben McDonald In a hearing before a three judge panel of the 9th Circuit Court of Appeals on June 4, 2015, a former employee of Denny’s asked the court to reconsider a lawsuit against the restaurant chain regarding the financial burden of special non-slip footwear the chain requires its employees to wear on the job. The