Grocery delivery service Instacart agreed last month to settle for $4.6 million a class action lawsuit file by its “shoppers” alleging independent contractor misclassification, saying it had treated them as independent contractors when they were actually employees. But the California judge overseeing the case has put the settlement on hold as the court seeks clarification from the parties—as well as from other Instacart shoppers in the Northeast arbitrating similar claims against the company—on … [Read more...]
California Paid Rest Breaks: Court Affirms Commissioned Employees’ Right to Break Pay
A recent California labor law decision confirms that California paid rest breaks must be separately compensated, even for commissioned employees. In Vaquero v. Stoneledge Furniture, the California Court of Appeal held that employers must separately compensate commissioned employees for paid rest breaks required by state laws and regulations. Compensation schemes that fail to do so violate California law and can leave employers exposed to class-action lawsuits from employees. In Vaquero, … [Read more...]
Consumer Class Actions Under Attack: GOP Declares War on Consumers and Other Victims of Big Business
Congressional Republicans, emboldened by the GOP’s control over all three branches of the federal government, have launched a frontal assault on consumers with a flurry of bills aimed at crippling the class-action lawsuit, including the consumer class action.Class actions are often the only way consumers and other victims can hold big businesses accountable for harms that would otherwise be too small to justify individual lawsuits. Those big businesses and their Republican allies in … [Read more...]
California Call Recording Law: When Is It OK to Record a Phone Call?
Under California call recording law, when it comes to recording telephone calls and other private conversations, California is a "two-party consent" state. Under the California Invasion of Privacy Act and in particular Penal Code section 632, all parties to the conversation (even if there are more than two) must give their permission or else recording it will be illegal. This applies to plain old eavesdropping, too. The law applies to any "confidential communication,” whether carried on in … [Read more...]
W-2 Phishing Scam Fallout: How Bad Can It Get for Employees Whose Data Is Stolen?
The IRS recently issued an urgent bulletin warning of the dangers of so-called “W-2 phishing" scams. In these cons, fraudsters use phony emails to fool someone in the company into handing over employees’ W-2 records and other personally identifying information and then use the data for all manner of identity theft.While phishing is as old as the internet, the current wave of W-2 scams—often coupled with an old-school wire transfer scam—has reached an unprecedented level. And the consequences … [Read more...]
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