The California Labor Commission recently determined that an Uber driver was an employee rather than an independent contractor, generating national headlines today. In essence, the California decision states that Uber is a taxi service, and that the drivers of a taxi service are employees under California law, because they are integral to the service the taxi service performs.
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Employment law
Employees Who Are Titled Managers May Be Entitled To Overtime Compensation
Lumber One hired three employees and titled them as managers of the company’s lumberyard. The company classified these employees as executives, and accordingly paid them on a salary basis without overtime compensation. During their employment with the company, the employees performed various duties including assembling shelves and stocking merchandise, and helping load trucks.
Appeals Court Nips Male on Male Harassment Claims Based On Nipple Squeezing
Proving yet again that an actionable harassment claim has to be based on a protected characteristic, an appeals court dismissed the claims of a male employee whose male supervisor allegedly squeezed his nipples and the nipples of several male co-workers.
Support Animals Can Be A Reasonable Accommodation under the Americans with Disabilities Act
Support Animals can be considered a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 under certain conditions. The case of Branson teaches that a dog could be an accommodation not only for blind employees but also paraplegic employees.
Pregnancy Accommodation Case Goes To The Supreme Court
One area of employment discrimination law, which, until now, has been relatively ambiguous, may see more clarity this fall when the Supreme Court hears a pregnancy discrimination case.
Parzivand Law Firm Wants Deleted Facebook Post As Evidence
After posting a comment to his Facebook page that offended some people, Precinct 3 Commissioner James Noack is facing more problems after he removed the post and issued a quasi-apology.