INDEPENDENT CONTRACTOR? ONE PAINTER’S FICTIONAL ACCOUNT Jake paints houses. He has been doing this work for 20 years, and he’s getting a bit stiff in the joints. He’s also been getting a bit stiff smoking joints during business hours. But, why worry. Jake’s...
The “Me Too” Movement May Change the Way Sexual Harassment Investigations Are Conducted. The “MeToo” Movement may cause a permanent shift in the way companies investigate sexual harassment complaints. Juries, judges, and arbitrators may now have...
The Arbitration Agreement Shackled the Employee Baxter complained to her Company that performance evaluation forms illegally coded for age, race, and gender. She also objected to the Company reneging on an extension of about 15 to 30 days on her FMLA leave. Within 2...
Pay Disclosure Is a Brake on Gender Pay Parity California employers may not require pay disclosure during the job application process. The rationale for this prohibition is that pay disclosure by women during salary negotiations may very well anchor the new pay rate...
Wage Claims in Building Contract Situations Wage claims are ubiquitous in the private building industry. This story is a fictional account of carpenter Jesus Martinez whose employer failed to pay his wages and has disappeared, leaving only a shell corporation. The...
Customer Lists are Not Proprietary Merely by Being Included in a Trade Secret Agreement. The following is a completely hypothetical and fictional account presented to illustrate legal principles. The names of individuals and companies do not identify any real persons...
