Category Archives

California Adopts New Independent Contractor Test

In a recent case, the California Supreme Court adopted a new standard for determining when a worker is an independent contractor, and when a worker is an employee. This is a major departure from how workers have been classified in the past, and will have far-reaching effects on employment and Read More

Does Your Uber Driver Make Any Money?

Today one of my twitter followers, and someone I actually know from the startup community here in Cincinnati, posted an interesting tweet: “I always open up my @Uber/@lyft email receipts, wincing at the long ride I took, thinking it’ll be $20. It’s consistently less than $9. [celebratory emoticon] The tweet Read More

Is Your Contractor Really An Employee?

If you weren’t distracted by Donald Trump throwing his comb-around into the presidential ring this week, you might have noticed that the California Labor Commission ruled that an Uber driver was an employee, rather than an independent contractor. This meant she was entitled to approximately $4000 in expenses and other Read More


An increasing concern for employers is their employees’ use of social media. For some time now, employers have been devoting resources to monitoring their employees on social media. I’m not talking about someone taking a couple of minutes to check her Facebook page during the workday. This is about employers Read More

VC Lawsuit Highlights Need for Discrimination Policies

If you follow the worlds of startups and venture capital, you have probably heard of the sex discrimination lawsuit that Ellen Pao has filed against her former employer, the prestigious venture capital firm Kleiner Perkins Caufield & Byers. While there are all sorts of interesting details in the case, one item Read More

San Francisco Raises Minimum Wage

If you are an employer in San Francisco, I hope you paid attention to the election a few weeks ago. San Francisco voters passed Proposition J, implementing a series of minimum wage increases into law. Effective January 1, 2015, the minimum wage in San Francisco will go up to $11.05 per hour. Read More

Ohio Minimum Wage Set to Increase in 2015

Employers in Ohio should be aware that starting January 1, 2015, the minimum wage for non-tipped employees will increase to $8.10 per hour, up from $7.95. For tipped employees, the minimum wage will increase to $4.05 per hour, up from $3.98. Employers with tipped employees need to keep in mind Read More

The ABC’s of Non-Competition Agreements

Employers commonly use non-competition agreements with key employees, to protect the employer against a former employee using the employer’s specialized training, trade secrets, or other confidential information against it. There are pitfalls, however, that may lead to the non-compete being unenforceable, or at least severely trimmed back. In some states, Read More

CEOs Gone Wild

The recent ouster by American Apparel of its CEO and cofounder, Dov Charney, is turning into an excellent model of what to do (and not to do) with respect to sexual harassment and corporate governance. There have been rumors for years about whether Charney sexually harassed and engaged in other Read More

Employer Access to Employees’ Social Media

A fast-growing area of employment law is the subject of employer access to the social media accounts of employees and applicants. Since the first legislation on the subject passed in 2012, 16 states have passed laws regulating employer access to employee/applicant social media accounts. In addition, legislation is pending or Read More