Personal Involvement and Liability of Officers and Directors When it Comes to Cyber Security

Directors and officers of corporations have, as most of you know, fiduciary duties to act in the best interest of the corporation. To meet these duties, officer and directors must exercise a high degree of care in the operation and management of the corporation, to avoid self-dealing, to be transparent and to generally act in […]

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DC Circuit Court Upholds NLRB’s 2015 Browning-Ferris “Indirect” Control Joint Employer Test and Signals Intent to Limit NLRB’s Pending Joint Employer “Rulemaking” Process

On December 28, 2018, the United States Circuit Court of Appeals for the District of Columbia (the “DC Circuit”) issued its long-awaited opinion concerning the appeal of the National Labor Relation Board’s 2015 ruling on the “joint employer” test. (See, https://www.cadc.uscourts.gov/internet/opinions.nsf/A1D3A01EDFAB1B8A852583710055207A/$file/16-1028-1766137.pdf) “Joint employment” in essence occurs when two or more individuals or companies are involved […]

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New California Laws Addressing Workplace Sexual Harassment In the Wake of the #MeToo Movement 

Two new California laws demonstrate the widespread impact of the #MeToo Movement and the focus on putting a stop to sexual harassment in the workplace. SB 820: Prohibiting “Hush Money” Settlements Many articles and investigative reports have been published about prominent public figures, politicians and other famous (or infamous) persons with an apparent history of […]

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More Electric Vehicles Coming To A Common Interest Development Near You

I. New Year, New EV Law Lawmakers recently passed Senate Bill 1016, which is a clear statement by the California Legislature that it wants more electric vehicles (“EVs”) on the road. The new law went into effect on January 1, 2019, prohibiting common interest developments (“CIDs”) – which include condo projects, planned developments, stock co-ops, […]

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Reverse Veil Piercing Gains New Life in the LLC Context

A recent California appellate court decision has ruled that reverse veil piercing is permitted in California in the context of limited liability companies. Practically speaking, this means that an LLC’s assets could potentially be at risk for an LLC member’s personal liability under the right circumstances. Most people are familiar with the concept of “piercing […]

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Impact of Dynamex California Supreme Court Decision on Use of Independent Contractors

On April 30, 2018, the California Supreme Court in Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903, announced a sea change on who is an employee, rather than an independent contractor (“IC”), for claims under California’s Industrial Welfare Commission Wage Orders (“Wage Orders”), which regulate the wages, hours, and working conditions of workers […]

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ALERT: GDPR Effective May 25, 2018

As we have written about previously, in 2016 the European Union (EU) approved a new privacy regulation called the General Data Protection Regulation (GDPR). It is a mandatory regulation that applies to all companies that collect the data and information of EU individuals. The GDPR expands the privacy rights granted to European individuals and requires […]

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Instructive Administrative Exemption Ruling for Staffing Firms

This alert addresses a recent 6th Circuit Court of Appeals decision, Perry v. Randstad Gen. Partner (US) LLC, 2017 WL 5560160 (6th Cir. Nov. 20, 2017) (See link to decision below), concerning classification of employees as exempt versus nonexempt.  “Exemption” classification, much like independent contractor classification, is highly fact intensive, nuanced and specific.  And, as […]

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New California Employment Laws for 2018

2018 is now fully upon us.  And with the beginning of a new year, one certainty is that there will be new employment laws to become familiar with in California.  Below is an overview of three new laws related to salary history inquiries, criminal history inquiries, and parental leave that employers should understand and begin […]

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New California Employment Laws for 2018

2018 is now fully upon us. And with the beginning of a new year, one certainty is that there will be new employment laws to become familiar with in California. Below is an overview of three new laws related to salary history inquiries, criminal history inquiries, and parental leave that employers should understand and begin […]

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