Insights

September 2, 2014 by Jeffrey S. Sloan

“Wage Theft” a Nationwide Problem?

“Wage theft” occurs when an employer confiscates an employee’s tips or otherwise fails to properly pay an employee. It has long been recognized as a problem in California. That’s why Governor Brown signed one of the nation’s first wage theft laws, AB 469, back in 2011. You can... READ MORE

August 27, 2014 by Jeffrey S. Sloan

Employers Who Require Employees to Use Personal Cell Phones Must Pay a “Reasonable Percentage” of the Employees’ Cell Phone Bills

California Labor Code 2802(a) requires an employer to indemnify an employee for all “necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” This statute essentially forces... READ MORE

August 10, 2014 by Jeffrey S. Sloan

Q1 2014 “Halo Report” Shows California Leading in Total Angel Deals

Silicon Valley Bank, the Angel Resource Institute, and CB Insights just released their Q4 2014 “Halo Report.” The report generally confirms that angel investment is increasing, with the median round size ($980K) up 31% from Q4 2013 levels ($750K). Other notable findings include: — Internet, healthcare, mobile, and... READ MORE

July 18, 2014 by Jeffrey S. Sloan

Banks Making More Small Business Loans

A recent New York Times article points to signs that the lending environment is improving for small business. According to Keri Gohman, an Executive Vice President and head of small business banking for Capital One who is quoted in the article, “It’s actually a really great time to... READ MORE

June 27, 2014 by Jeffrey S. Sloan

CA Supreme Court Rules Employee Can Sue Employer and Collect Damages Even Though Employee Used Fraudulent Social Security Number to Get Hired

Yesterday, the California Supreme Court ruled in Salas v. Sierra Chemical Co. that an employee who uses a false Social Security number to fraudulently obtain his job may still sue his employer for discrimination and recover damages. At issue was whether a California state statute granting employment law rights... READ MORE

June 25, 2014 by Jeffrey S. Sloan

CA Supreme Court Upholds Class Action Waivers

In 2007, the California Supreme Court ruled in Gentry v. Superior Court that class action waivers in employment arbitration agreements are invalid under certain circumstances. Four years later, however, the United States Supreme Court reached a seemingly opposite conclusion in AT&T Mobility LLC v. Concepcion, holding that “requiring the... READ MORE

June 21, 2014 by Jeffrey S. Sloan

Obama Extends Family Leave Benefits to Married Gay Couples

Yesterday, the federal government announced several regulatory changes that extend marriage benefits to same-sex couples. This announcement — and the legal changes that come with it — are the result of last year’s historic Supreme Court decision in U.S. v. Windsor striking down Section 3 of the Defense... READ MORE

June 16, 2014 by Jeffrey S. Sloan

Delivery Drivers are Employees, Not Independent Contractors

In yet another example of the challenges and difficulties involved in using independent contractors, today the Ninth Circuit ruled in Ruiz v. Affinity Logistics that delivery drivers for Affinity are employees rather than independent contractors. In reaching this decision, the Ninth Circuit reversed the lower court’s ruling which concluded... READ MORE

May 29, 2014 by Jeffrey S. Sloan

I.R.S. Bars Employers From Dumping Employees into Health Exchanges

The Affordable Care Act requires employers with 50 or more employees to provide health coverage for their employees or face stiff fines. To comply with the new law, many employers were canceling their group health plans, dumping their employees into the health exchange (which is Covered California in... READ MORE

May 4, 2014 by Jeffrey S. Sloan

Wall St. Invading the P2P Lending Space?

Peer-to-peer (“P2P”) lending started about a decade ago to allow individuals and other small investors to lend money to each other over the internet. By going P2P, banks were cut out of the process, resulting usually in lower interest rates and more funds available for the small businesses... READ MORE

April 12, 2014 by Jeffrey S. Sloan

U.S. Supreme Court Rules FICA Tax Applies to Severance Pay

On March 25, 2014, the U.S. Supreme Court ruled 8-0 in United States v. Quality Stores, Inc. that severance payments made to involuntarily terminated employees are taxable “wages” subject to FICA taxes. This decision resolved a split among lower federal courts which left some employers uncertain whether to... READ MORE

April 1, 2014 by Jeffrey S. Sloan

“Halo Report” Shows Increasing Angel Investment

Silicon Valley Bank, the Angel Resource Institute, and CB Insights just released their Q3 2013 “Halo Report.” This report generally confirms that angel investment is increasing, but the median round size ($520K) is down from the Q1 2013 peak ($700K). Other notable findings include: Healthcare deals enjoyed... READ MORE

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