BurnsBarton LLP Blog

Businesses Beware – Misclassifying Workers Can Be Uber-Expensive

The California Labor Commission recently ruled that an Uber driver from San Francisco is an employee of the Company and not an independent contractor because, although Uber did not control her schedule, she performed services integral to Uber’s business and Uber controlled other critical aspects of Read more [...]

Ninth Circuit Takes a Different Road in Ruling that Automobile Service Advisors are Not Exempt

On March 24, 2015, the Ninth Circuit Court of Appeals held that automobile service advisors – those friendly faces that evaluate your car troubles and recommend services and repairs – are not exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements under the Read more [...]

The Supreme Court in Young v. UPS Establishes New Approach to Pregnancy Discrimination and Balks at Ruling for Either Party

On March 25, 2015, the Supreme Court of the United States in Young v. United Parcel Service, Inc. refused to rule in favor for either Plaintiff, Peggy Young, or Defendant, United Parcel Service, Inc. (“UPS”), and instead, vacated the Fourth Circuit’s ruling and remanded the case back to the Fourth Read more [...]

Defense Verdict Received in Favor of BurnsBarton Client in ADA Case

On Thursday, February 19, 2015 a unanimous jury in Arizona District Court returned a verdict in favor of BurnsBarton client Kingman Hospital, Inc., d/b/a/ Kingman Regional Medical Center (“KRMC”).  During the three-day trial, Plaintiff Chappell Grant-Willis alleged that KRMC violated the Americans Read more [...]

A Punitive Damages Award of $185 Million: How to Avoid the Zone of AutoZone

There has been a lot of buzz about the gigantic punitive damages award recently handed down in a pregnancy and sex discrimination case in California.  For us, it is an opportunity to examine what lessons can be learned. Lesson No. 1:  Employers must thoroughly train their managers and top-level executives Read more [...]

Supreme Court Rules in Favor of Employers on Security Screening Time

Yesterday, the United States Supreme Court handed a considerable win to employers with the unanimous decision that businesses are not required to pay workers for time spent waiting for mandatory security checks. In Integrity Staffing Solutions v. Busk, the Ninth Circuit had previously ruled that employees Read more [...]

Court of Appeals Hands Employers Another Argument to Defeat Wage and Hour Collective Actions

The Ninth Circuit decided a matter of first impression on Wednesday, which could make it easier for employers to defeat wage and hour collective actions brought under the Fair Labor Standards Act. In Greg Landers v. Quality Communications, Inc., et al., employees argued that QCI (a cable television, Read more [...]

Mandatory Paid Sick Leave Now Required in California

  On September 10th, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA).  Beginning on July 1st, 2015, employers in California will be required to allow their employees to accrue, at their regular rate of pay, at least one hour Read more [...]

California High Court Dials Up a Win for Employees

The California Supreme Court recently announced that under section 2802 of the California Labor Code employers must reimburse employees who are required to use personal cell phones for work purposes.  Cochran v. Schwan's Home Service (CA Ct App 2014). "If an employee is required to make work-related Read more [...]