We are focusing on the nature of an independent contractor, as well as the misclassification of independent contractors and the risks associated with this employment issue. The Department of Labor or DOL has released an “interpretation” on applications of the Fair Labor Standards ACT or FLSA defined as “Economic Realities...
Department of Labor Hired 100 New Auditors for Independent Contractor Crack Down
Two ominous signs from the Department of Labor (DOL) recently – the news that the DOL hired 100 new auditors for independent contractor review and audit procedures, and their conclusion that “Most workers are employees.” The DOL released new “interpretive” guidelines that significantly tighten the definition of an independent contractor,...
Defending San Diego Businesses in ADA Litigation
The Watkins Firm provides extensive courtroom experience and a track record of success defending San Diego businesses in ADA litigation, discrimination, sexual harassment and other business litigation. The number of ADA related lawsuits has rapidly increased over the past few years, and our business attorneys provide sound counsel to help...
Helping San Diego Businesses to Comply with ADA Guidelines
The number of ADA related lawsuits associated with public commercial spaces is rapidly rising, resulting in unexpected expense and contingent liability for San Diego businesses. How can you reduce or eliminate the risk of an ADA dispute? The experienced business attorneys at the Watkins Firm are helping San Diego businesses...
2016 Has Brought Significant New HR Laws to San Diego Employers
2016 has brought dramatic changes in employment law, and saddled the additional responsibility of several significant new HR laws to San Diego employers. How is a San Diego employer to keep abreast of the rapidly changing landscape of federal, state and local laws while avoiding disputes with employees, lawsuits and...
US Department of Labor Making FMLA Harder on Employers
FMLA or Family and Medical Leave Act employment policies have become an even greater source of risk for San Diego employers. The US Department of Labor (DOL) has significantly increased the number of FMLA cases it generates on its own (without the need for an employee to file a lawsuit)....
Different Shifts and Offices No Longer Justifies Pay Difference in California
The new California Fair Pay Act that took effect January 1st of this year brings substantial new requirements for California employers who pay employees various rates based upon different shifts and offices located in more expensive cities. The new law specifically addresses these situations and places tight restrictions upon the...
San Diego Cumis Counsel Defends the Interests of Insured Parties
What is a Cumis Counsel? A San Diego cumis counsel defends the interests of insured parties who are involved in litigation based upon insurance policy coverage. In many lawsuits, the potential exposure of the insured defendant may exceed the limits provided in the insurance policy itself. California law uniquely understands...