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Recent Employment Law Cases: California Wage and Hour Laws and Wrongful Termination

recent-employment-law-cases-in-the-news-ashley-madison-uber.jpg

If you've been paying attention to the news lately, you've likely seen that a number of high-profile employment law cases and stories have been scattered throughout the headlines. From the class-action lawsuit against technology startup Uber, to the massive Ashley Madison data breach, employment law issues have been the focus on practically every major news outlet.

The following recent employment law cases and stories will help get you up to speed on Uber's probable wage and hour law violations, and the questions employers should ask themselves before firing an employee for being on the Ashley Madison hack list.

recent-employment-law-cases-in-the-news-ashley-madison-uber.jpg

If you've been paying attention to the news lately, you've likely seen that a number of high-profile employment law cases and stories have been scattered throughout the headlines. From the class-action lawsuit against technology startup Uber, to the massive Ashley Madison data breach, employment law issues have been the focus on practically every major news outlet.

The following recent employment law cases and stories will help get you up to speed on Uber's probable wage and hour law violations, and the questions employers should ask themselves before firing an employee for being on the Ashley Madison hack list.

The Wage and Hour Class-Action Lawsuit Against Uber Technologies

On Tuesday, September 1, 2015, a federal judge granted class-action status to a lawsuit targeting Uber Technologies' treatment of drivers as independent contractors. This case is just one of multiple high-profile lawsuits brought by Uber drivers against the booming technology startup infamous for displacing traditional taxis in many markets. Earlier this summer, a California labor board ruled against Uber in a similar case that outlined weaknesses in Uber's legal argument.

The plaintiffs sought to represent 160,000 drivers in the class, alleging that Uber drivers are not independent contractors, but rather employees of the technology company with full labor law protections.

An Uber spokesperson said the company will "most likely appeal the decision as partners use Uber on their own terms, and there really is no typical driver."

However, Uber's attempt to sway the decision of Judge Edward Chen did not go well. Just Chen wrote, "Despite Uber's argument to the contrary, there are numerous legally significant questions in this litigation that will have answers common to each class member that are apt to drive the resolution of the litigation."

Read the full story on ThinkProgress.org: Judge in California Delivers Uber's Worst Nightmare

The Massive Ashley Madison Data Breach

The recent Ashley Madison data breach may have employers wondering when it's appropriate to fire an employee for an improper or illegal sex act. Employers obviously don't want to be accused of wrongful termination - especially if one of their employees' names shows up on the high-profile Ashley Madison customer list.

Employment lawyer, Robin Shea said you probably can't fire someone simply for being on the list. But, she also adds that firing might be appropriate if "the employee is in a position in which marital fidelity is an 'essential function' of the employee's job, or at least an important one."

But what if the employee in question were committing adultery with another employee? She writes, "In most cases, I would not recommend taking action against the adulterous employee unless there was reason to believe that the relationship would affect job performance. A consensual relationship-even if adulterous-is not sexual harassment."

Read the full story on CorporateCounsel.com: An Employee is Outed on Ashley Madison. What Do You Do?

The employment lawyers at Hennig Ruiz have worked with many clients facing employment discrimination and wrongful termination. If you feel you may be a victim of discrimination or employer retaliation, contact us today for your free consultation.

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