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Posts filtered by tags: California Supreme Court[x]


 

AT&T Loses Key Ruling In Class Action Over Unlimited-Data Throttling

An anonymous reader quotes a report from Ars Technica: AT&T's mandatory-arbitration clause is unenforceable in a class-action case over AT&T's throttling of unlimited data, a panel of U.S. appeals court judges ruled this week. The nearly five-year-old case has gone through twists and turns, with AT&T's forced-arbitration clause initially being upheld in March 2016. If that decision had stood, the customers would have been forced to have any complaints heard individually in arbitration. But an Ap...
Tags: California, Tech, California Supreme Court, Mcgill, U S District Court, Blair, U S Court of Appeals, Ninth Circuit


Apple Probably Owes Some of Its Retail Employees a Ton of Money

The California Supreme Court sided with Apple Store employees in a ruling yesterday, stating that unpaid mandatory bag or iPhone searches at the end of retail workers’ shifts are a violation of state law. The class-action suit in question represents over 12,000 workers employed at the company’s retail locations from…Read more...
Tags: Apple, Science, Labor, California Supreme Court, Apple Store, Bag Searches


California Apple Stores Must Pay Workers During Bag Searches

SACRAMENTO (AP) — Employees at Apple stores must be paid for time they spend waiting for managers or security guards to search their bags to make sure they’re not stealing anything, the California Supreme Court ruled Thursday. What’s more, the justices said their class-action ruling is retroactive, covering all Apple California rank-and-file employees who were subject to the bag-search policy from July 25, 2009, to the present. Apple has 52 stores in California, but didn’t immediately comment or...
Tags: Apple, California, Sacramento, Ap, California Supreme Court, National Retail Federation, 9th U S Circuit Court of Appeals, Tani Cantil Sakauye, Cantil Sakauye, Apple California


Not a Genius move after all: Apple must cough up $$$ in back pay for store staff forced to wait for bag searches

California Supreme Court skewers iGiant for stiffing loyal drones Apple will have to pay its retail store workers back wages after the California Supreme Court ruled staff should be compensated for the time they spend every day having their bags checked by security.…
Tags: Apple, Software, California Supreme Court


Apple Liable For Millions In Unpaid Wages After Court Rules Retail Worker Bag Checks Illegal

The California Supreme Court in a decision (PDF) delivered on Thursday found Apple broke state law by not paying retail workers for the time they spent participating in mandatory bag and device searches, leaving the company liable for millions in unpaid wages. AppleInsider reports: In a unanimous ruling, the court holds employees were and are in Apple's control during mandatory exit searches of bags, packages, devices and other items. As such, Apple is required to compensate its employees for ti...
Tags: Apple, Tech, California Supreme Court, Tani Cantil Sakauye, Cantil Sakauye


Court rules Apple must pay California workers during bag checks

The California Supreme Court ruled on Thursday that Apple must pay employees for time spent waiting for their bags and personal electronic devices to be searched when they leave work. The decision means that the tech giant will have to pay millions of dollars to more than 12,000 hourly workers at California retail stores who fall under the mandatory bag-search policy. According to court documents, Apple employees are required to clock out before submitting to an exit search which can take from...
Tags: Apple, News, California, California Supreme Court


Uber and Postmates claim gig worker bill AB-5 is unconstitutional in new lawsuit

Postmates and Uber have filed a complaint in California federal district court, alleging that a bill limiting how companies can label workers as independent contractors is unconstitutional. The complaint, which includes two gig workers as co-plaintiffs, was filed in U.S. District Court on Monday, days before Assembly Bill 5 (AB-5) is due to go into effect on Jan. 1. It asks for a preliminary injunction against AB-5 while the lawsuit is under consideration. The complaint argues that AB-5 vi...
Tags: TC, Uber, California, Los Angeles, Tech, Policy, California Supreme Court, Vox Media, Postmates, Gig Economy, Gavin Newsom, Perez, U S District Court, Lyft Uber, AB, Gonzalez


California takes lead on laws affecting gig economy, privacy

By DON THOMPSON SACRAMENTO — California’s long tradition of advancing nation-leading legislation continues into the new year, with laws reining in the gig economy, boosting online privacy and discouraging shootings by police, among other potential trend-setters. The laws have sent businesses including Uber, Lyft and Google scrambling, not to mention President Donald Trump. The state dominated by Democrats has delighted in tweaking the Republican president on immigration and other issues, though ...
Tags: Health, Google, Facebook, Uber, Business, News, Supreme Court, California, Oregon, Uncategorized, California News, Sacramento, America, San Francisco, Sport, Soccer


California Takes Lead On Laws Affecting Gig Economy, Privacy

SACRAMENTO, Calif. (AP) — California’s long tradition of advancing nation-leading legislation continues into the new year, with laws reining in the gig economy, boosting online privacy and discouraging shootings by police, among other potential trend-setters. The laws have sent businesses including Uber, Lyft and Google scrambling, not to mention President Donald Trump. The state dominated by Democrats has delighted in tweaking the Republican president on immigration and other issues, though leg...
Tags: Google, Facebook, Uber, Supreme Court, California, Oregon, California News, America, San Francisco, Ap, New Jersey, Vaccinations, Rent Control, California Supreme Court, Donald Trump, Gig Economy


EFF Wins Access To License Plate Reader Data To Study Law Enforcement Use

An anonymous reader quotes a report from the Electronic Frontier Foundation: Electronic Frontier Foundation (EFF) and the American Civil Liberties Union Foundation of Southern California (ACLU SoCal) have reached an agreement with Los Angeles law enforcement agencies under which the police and sheriff's departments will turn over license plate data they indiscriminately collected on millions of law-abiding drivers in Southern California. The data, which has been deidentified to protect drivers' ...
Tags: Los Angeles, Tech, Aclu, California Supreme Court, Electronic Frontier Foundation, Electronic Frontier Foundation EFF, Los Angeles Police, Jennifer Lynch


Supreme Court Won't Hear a Lawsuit Over Defamatory Yelp Reviews

The U.S. Supreme Court has declined to hear a case regarding whether Yelp is culpable for removing defamatory reviews from its site, resolving a case that could have affected web platforms' legal protections. Today's list of Supreme Court orders denies a complaint brought by Dawn Hassell, an attorney who requested that Yelp take down false, negative reviews about her practice. This means that a California Supreme Court decision will stand, and Yelp isn't liable for the reviews. The Verge reports...
Tags: Supreme Court, Tech, Bird, California Supreme Court, Donald Trump, Yelp, U S Supreme Court, Hassell, Charles Harder, Yelp Yelp, Dawn Hassell, Supreme Court Won t Hear


How to Manage, Schedule, and Track Time for Employees on Multiple Job Sites

In partnership with Simply Business By Rieva Lesonsky 2nd in a series of articles exploring how to make 2019 your business’s best year yet. With the economy at nearly full employment, it’s increasingly difficult to find workers—especially for small businesses. Some 61% of employers in the NFIB’s most recent monthly jobs report are either hiring or trying to hire; of those, 87% say there are few or no qualified workers available. How are employers handling the situation? A record net 37% of small...
Tags: Google, Housing, Massachusetts, Sales, New Jersey, California Supreme Court, Forbes, NFIB, Rieva Lesonsky, GrowBiz Media, Rieva, Real Estate & Construction, Accounting & Budgeting, Compensation & Benefits, Email Rieva


How to Manage, Schedule, and Track Time for Employees on Multiple Job Sites

In partnership with Simply Business By Rieva Lesonsky 2nd in a series of articles exploring how to make 2019 your business’s best year yet. With the economy at nearly full employment, it’s increasingly difficult to find workers—especially for small businesses. Some 61% of employers in the NFIB’s most recent monthly jobs report are either hiring or trying to hire; of those, 87% say there are few or no qualified workers available. How are employers handling the situation? A record net 37% of small...
Tags: Google, Housing, Massachusetts, Sales, New Jersey, California Supreme Court, Forbes, NFIB, Rieva Lesonsky, GrowBiz Media, Rieva, Real Estate & Construction, Accounting & Budgeting, Compensation & Benefits, Email Rieva


Limo Firm To Judge: Tell Us Whether Uber Drivers Are Employees

An anonymous reader quotes a report from Ars Technica: Lawyers representing a Southern California limousine company that sued Uber last month over state unfair competition allegations have now filed a motion for partial summary judgement. If the filing is granted by the judge, the motion would substantially streamline the case and answer the vexing question: are Uber drivers employees or not? The proposed class-action lawsuit, known as Diva Limousine v. Uber, relies on a recently decided Califor...
Tags: Uber, Abc, San Francisco, Tech, Ars Technica, California Supreme Court, Southern California, University of California Hastings, Dynamex, Veena Dubal


Federal appeals court rules Uber drivers must arbitrate claims

A federal appeals court has handed a defeat to Uber drivers who were suing the company in three separate lawsuits over claims that they were misclassified as independent contractors instead of full-time employees. The litigants must go through arbitration to pursue their claims against the company rather than have the claims heard in open court. The decision also means that the drivers in one of the suits can’t file a class-action against Uber. Had the case been able to go to trial, drivers c...
Tags: TC, Transportation, Lyft, Uber, Lawsuit, Supreme Court, California, San Francisco, Tech, California Supreme Court, Reuters, 9th U S Circuit Court of Appeals, Susan Fowler, Personnel, Dynamex Operations West Inc


Limo Firm To Uber: You Misclassify Your Drivers As Contractors, Which Is Unfair

An anonymous reader quotes a report from Ars Technica: A Southern California limousine company sued Uber in federal court earlier this week, alleging violations of state unfair-competition laws. While a company suing Uber is not new, the proposed class-action lawsuit appears to rely on a recently decided California Supreme Court decision that makes it more difficult for companies to unilaterally declare their workers as contractors, which effectively deprives them of benefits that they would oth...
Tags: Uber, California, Tech, Ars Technica, California Supreme Court, Dynamex, Diva Limousine


The lobbying is fast and furious as gig companies seek relief from pro-labor Supreme Court ruling

Antoinette Siu Contributor Share on Twitter Antoinette Siu is a reporter for CALmatters. For four years, Edhuar Arellano has left his house at 7 a.m. on weekdays to drive customers around the Bay Area for Lyft and Uber . Most days, he doesn’t get home to Santa Clara until 11 p.m. On weekends, he delivers pizzas to make ends meet. Like a lot of drivers plugging in to ride-hailing apps for work, he likes the flexibility the...
Tags: Lyft, Uber, Column, Business, Supreme Court, California, Employment, San Francisco, Tech, Economy, Bureau of Labor Statistics, President, Speaker, Health Insurance, Jerry Brown, California Supreme Court


Twitter Gets Powerful Win in “Must-Carry” Lawsuit–Taylor v. Twitter

This is one of several lawsuits brought by disseminators of anti-social content (in this case, white supremacist content) seeking to prevent social media providers from cutting them off. In June, the lower court for the unfair competition claim. I didn’t blog that ruling because it clearly wasn’t the final word (plus, it was just a hearing transcript). Twitter sought a writ of mandate from the appeals court–an extraordinary request which courts are reluctant to grant. In another surprise twist...
Tags: Google, Facebook, Twitter, Law, California, Marketing, US, Bird, Johnson, California Supreme Court, Taylor, Myspace, Martin, Cohen, Court of Appeals, Superior Court


Yelp Can't Be Ordered To Remove Posts, Court Rules

Yelp cannot be ordered to remove defamatory posts against a San Francisco law firm, the California Supreme Court said in a 4-3 ruling Monday that overturns one made by a lower court. From a report: In a 4-3 opinion, justices agreed, saying removal orders such as the one attorney Dawn Hassell obtained against Yelp "could interfere with and undermine the viability of an online platform." The decision overturned a lower court ruling that Yelp had said could lead to the removal of negative reviews f...
Tags: San Francisco, Tech, California Supreme Court, Yelp, Hassell, Monique Olivier, Dawn Hassell, U S Supreme Court Hassell


SF city attorney subpoenas Uber and Lyft for driver pay, benefits and classification info

San Francisco City Attorney Dennis Herrera has sent subpoenas to Uber and Lyft that asks them to provide information pertaining to how each company classifies its drivers (W2 employees versus 1099 contractors), as well as pay and benefits. The subpoenas also request a list of drivers who have either started or ended at least one ride in SF between 2015 to the present day and proof that any driver classified as an independent contractor meets the three criteria set forward by a recent California ...
Tags: Transportation, Lyft, Uber, Microsoft, San Francisco, Tech, California Supreme Court, San Francisco City, Herrera, Dennis Herrera


Gig Economy Business Model Dealt a Blow in California Ruling

In a ruling with potentially sweeping consequences for the so-called gig economy, the California Supreme Court on Monday made it much more difficult for companies to classify workers as independent contractors rather than employees. The New York Times: The decision could eventually require companies like Uber, many of which are based in California, to follow minimum-wage and overtime laws and to pay workers' compensation and unemployment insurance and payroll taxes, potentially upending their bu...
Tags: California, Tech, The New York Times, California Supreme Court, Fisher Phillips, Richard Meneghello


California’s Top Court Sets Tougher New Rules on Hiring “Gig Workers”

California employers who classify their workers as independent contractors will be consulting their lawyers today, says A. Mark Pope, an attorney who helped persuade the state’s highest court to establish sweeping new restrictions on hiring so-called “gig workers.” The California Supreme Court on Monday set new standards that will make it harder for companies in the state to define their workers as outside contractors rather than as employees who would qualify for the minimum wage, worker...
Tags: Startups, Mobile, Uber, Internet, California, San Francisco, Trends, Tech, Benefits, Minimum Wage, Web, It, Software, Innovation, Wireless, Marketplaces


AT&T Suffers Another Blow In Court Over Throttling of 'Unlimited' Data

An anonymous reader quotes a report from Ars Technica: A federal judge has revived a lawsuit that angry customers filed against AT&T over the company's throttling of unlimited mobile data plans. The decision comes two years after the same judge decided that customers could only have their complaints heard individually in arbitration instead of in a class-action lawsuit. The 2016 ruling in AT&T's favor was affirmed by a federal appeals court. But the customers subsequently filed a motion to recon...
Tags: Supreme Court, California, Court, Tech, Ars Technica, California Supreme Court, U S District Court, AT T, Chen, U S Court of Appeals, Plaintiffs, Edward Chen, T Suffers Another Blow In Court, AT T However AT T, Ninth Circuit Read


LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn

hiQ Labs has scraped LinkedIn public profiles for several years. hiQ offers two products, entirely predicated on LinkedIn-scraped data: (1) a prediction to employers which employees were mostly likely to be recruited away, and (2) a summary of employee skills. LinkedIn sent a cease and desist letter telling hiQ to stop scraping or face litigation. The parties tried to resolve the dispute but were unable to. hiQ then filed a preemptive lawsuit seeking declaratory relief, and sought a preliminary...
Tags: Google, Facebook, Craigslist, Microsoft, Law, California, Ebay, Court, Linkedin, E-commerce, Intel, Power, California Supreme Court, Eventbrite, Privacy/security, Qvc


Non-Sequiturs: 06.07.17

* Ben Wittes on James Comey's prepared testimony (which he'll deliver tomorrow): "the most shocking single document compiled about the official conduct of the public duties of any President since the release of the Watergate tapes." [Lawfare] * Could the Public Service Loan Forgiveness (PSLF) program be eliminated -- retroactively? Thoughts from Professor Gregory Crespi. [SSRN] * The California Supreme Court appears less than enthused about a ballot measure that would compel the courts to deci...
Tags: Personal Finance, Politics, Technology, Money, Law, California, San Francisco, Fbi, Atlantic, Death Penalty, Student Loans, Capital punishment, Student Debts, California Supreme Court, Donald Trump, SoFi


How Should a Lawyer Respond to a Yelp Review Calling Him “Worst. Ever.”?–Spencer v. Glover

(Spoiler alert: suing the client is not the correct answer). The Opinion Glover hired and then fired Spencer as his divorce lawyer. Glover then posted : Worst ever. Had to fire him after I gave him a chance for well over a year. Paid him his $2,500 retainer, then paid him another $2,500 shortly after … and I still owe him another several thousand dollars! … all for his hunt-and-peck filing typing b.s. while he makes me watch. I’d be willing to wager that he was sitting on it and running the bil...
Tags: Google, Utah, Law, Marketing, Middle East, Bird, Compass, California Supreme Court, Usc, Reit, Spencer, Albert, Wong, Levitt, Glover, Josef Mengele


Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird

You surely recall the Hassell v. Bird ruling from last year. A lawyer was unhappy with a Yelp review about her. The lawyer sued the putative author (with dubious service of process), got a default ruling that the review was defamatory along with a removal injunction, and then delivered the injunction to Yelp and demanded removal. Yelp refused to remove the review. In a shocking turn of events, the California appeals court held that Yelp was required to remove the review. That ruling accomplished...
Tags: Google, Microsoft, Law, Congress, California, US, Cnn, Aclu, Peter Thiel, Reddit, Bird, Court of appeal, University Of Arizona, Tripadvisor, Wikimedia, California Supreme Court


Backpage Executives Defeat Pimping Charges Per Section 230–People v. Ferrer

When Kamala Harris’ office filed pimping charges against three Backpage executives, I wondered: why now? why pimping? After all, in 2013, California AG Kamala Harris signed a letter to Congress saying that Section 230 “prevents State and local law enforcement agencies from prosecuting” Backpage, and California’s pimping crime was available to Harris’ office in 2013. So when the California AG’s office nevertheless prosecuted Backpage’s executives, surely the office lawyers had some clever tricks ...
Tags: Apple, Google, Law, Congress, California, Marketing, San Francisco, E-commerce, Silicon Valley, Airbnb, California Supreme Court, DOE, Black, Jones, Kamala Harris, State


Ninth Circuit Criticizes Attempts to Plead Around Secton 230–Kimzey v. Yelp

[Note: Venkat represented Yelp in this case but was not involved in the preparation of this post.] For all of the drama associated with Section 230 jurisprudence this year–including in the Ninth Circuit–it’s easy to forget that Section 230 still works well in simple cases when a plaintiff tries to hold a website liable for third party content. So it’s refreshing to get a straightforward Section 230 case that reaches the expected result. And it’s especially gratifying to see a court recognize–and...
Tags: Google, Law, Bird, California Supreme Court, Yelp, Nasser, Ninth Circuit, McKeown, CDA, Venkat, Whitepages, Content Regulation, Derivative Liability, Prickett, Hassell


Ninth Circuit Criticizes Attempts to Plead Around Section 230–Kimzey v. Yelp

[Note: Venkat represented Yelp in this case but was not involved in the preparation of this post.] For all of the drama associated with Section 230 jurisprudence this year–including in the Ninth Circuit–it’s easy to forget that Section 230 still works well in simple cases when a plaintiff tries to hold a website liable for third party content. So it’s refreshing to get a straightforward Section 230 case that reaches the expected result. And it’s especially gratifying to see a court recognize–and...
Tags: Google, Law, Bird, California Supreme Court, Yelp, Nasser, Ninth Circuit, McKeown, CDA, Venkat, Whitepages, Content Regulation, Derivative Liability, Prickett, Hassell



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