Posted on April 15, 2015 by Julie Brook, Esq.
Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: independent contractors, Lyft, new economy, right to control test, sharing economy, Uber | Leave a comment »
Posted on April 6, 2015 by Jean Magistrale, Esq.
Remember the massive data breach incident at Target stores during the holiday season of 2013? It resulted in a huge class action suit that may soon be settled for $10 million. Could this be the cautionary tale to get retailers to take data security more seriously? Continue reading
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: credit card breach, data breach, data security, hacking, privacy, Target customers, Target Stores | Leave a comment »
Posted on March 6, 2015 by Julie Brook, Esq.
The number of drivers with alcohol in their system has has gone down significantly while the number of drivers using marijuana has gone way up. Safety-wise this doesn’t seem to be a bad trade. A recent National Highway Traffic Safety Administration (NHTSA) study (.pdf) has found that drivers with THC in their blood are no more likely to be involved in car crashes than are drug-free drivers. Continue reading
Filed under: Criminal Law, Legal Topics, New Legal Developments | Tagged: DUI, marijuana DUI, marijuana legalization, pot legalization, THC | Leave a comment »
Posted on January 5, 2015 by CEB
The following is a guest blog post by Katherine Brady, a Senior Staff Attorney at the Immigrant Legal Resource Center in San Francisco.
On November 20, 2014 President Obama announced a new program—Deferred Action for Parental Accountability (DAPA)—that may help millions of undocumented immigrants who are parents of U.S. citizens or permanent residents. Qualifying applicants will get a temporary reprieve from deportation (currently set at three years), as well as an employment authorization document that will permit them to get a legal social security number. In California alone, over one million people may qualify for this program. Criminal defense lawyers will get a lot of questions about this program, because the main bar to eligibility is conviction of certain crimes. Continue reading
Filed under: Criminal Law, New Legal Developments | Tagged: criminal convictions, DAPA, Deferred Action for Parental Accountability, immigration law, new immigration program, Obama's immigration program | 1 Comment »
Posted on December 1, 2014 by Jean Magistrale, Esq.
In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading
Filed under: Business Law, Employment Law, Legal Topics, New Legal Developments, Tort Law | Tagged: employer liability, health care providers, HIPAA, medical records, negligence, pharmacy records, privacy, respondeat superior | 1 Comment »