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Jun 07 2018

Cybersecurity Whistleblowers: Regulators Signal Greater Support

The murky world of cybersecurity remains fraught with worries for those trying to prevent hacks, but it has gotten somewhat clearer of late for employees who see their companies ignoring risks. For one thing, federal regulators are taking the issue seriously, despite its relative newness on the securities law stage. For another, some rules have been clarified regarding protections for cybersecurity whistleblowers. From a federal perspective, cyber intrusions are an obvious problem that can … [Read more...]

May 29 2018

California’s New Independent Contractor Test: A Win for Workers

The California Supreme Court has issued a landmark decision that will make it much harder for companies to classify workers as independent contractors – and to avoid paying them wages and overtime. In what’s being called “a game-changer,” the decision establishes a new independent contractor test in California for determining whether a worker is a contractor or an employee. Background: Dynamex Inc. is a package and document delivery company that operates throughout the United States and … [Read more...]

May 14 2018

No-Poach Agreement: Are You the Victim of One?

Have you been trying to switch jobs but for an inexplicable reason can’t seem to gain traction? If you suspect that your current employer may have some sort of arrangement with your prospective future employer, you may be looking at a no-poach agreement, and the law is on your side. What are “no-poach” agreements? “No-poach” understandings between businesses essentially declare a truce on hiring employees or executives from one another. They are more common than you might suppose, and they’re … [Read more...]

May 01 2018

Paying Employees in Cryptocurrency May Be Illegal Under Wage Laws

In addition to placing first in men’s long-track speed skating, Canadian Ted-Jan Bloemen also became the first Olympic athlete to be paid in cryptocurrency while competing in PyeongChang this winter. CNN reported the double world record-holder entered into a one-year sponsorship with ONG Social, a social network and crypto community, and CEEK VR, a developer of virtual reality experiences, in exchange for payment in cryptocurrency. Bloemen is not alone. Bloomberg reports that a number of … [Read more...]

Apr 26 2018

Independent Contractor Misclassification: A California Court Clarifies Delivery Driver Status

In the era of Uber, Lyft and other so-called “gig economy” companiesAirbnb, the lines between independent contractor and employee have become blurred, and independent contractor misclassification has become a common dispute. Consider the case of Raef Lawson, who worked as a delivery driver for six months for GrubHub, Inc.; a  Although he was classified as an independent contractor, Lawson was expected to be available during set shifts and remain in designated geographical areas. Lawson viewed … [Read more...]

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