What’s more risky than dropping in on a 50-foot wave at Mavericks? Legally speaking, it could be acting as the athlete agent for the guy who’s doing it. California’s law governing athlete agents, the Miller-Ayala Athlete Agents Act, or AAA, is an important, and frequently misunderstood piece of legislation with serious consequences. In fact, it is quite possible for a person to act as an athlete agent – and risk the serious…
In a case that will undoubtedly affect thousands of workers statewide, the California Supreme Court issued its ruling today in Brinker v. Superior Court, a wage and hour class action filed by employees of Brinker International, Inc., the parent company of Chili’s restaurant. This is the first in a series of articles by Call & Jensen discussing the Brinker decision and its impact on employers. MEAL PERIODS – No Duty To “Ensure”…
Social media policies continue to receive scrutiny from the National Labor Relations Board (“NLRB”), which issued its third “Report on Social Media” on Wednesday, May 30, 2012. As in the previous two reports, the NLRB discusses several recent cases and sets forth its conclusions about the lawfulness of various employers’ social media policies under the National Labor Relations Act (“NLRA”). Once again, the NLRB found that employee postings on social media websites…
THE ABSOLUTE POLLUTION EXCLUSION: NAVIGATING PATHWAYS AROUND TOTAL CONFUSION “Rarely has any issue spawned as many, and as variant in rationales and results, court decisions as has the pollution-exclusion clause.” 1 While the pronouncement of the Supreme Court of Alabama may have been a little extreme, the fact remains that a decade later, courts are still citing it as accurate. The pollution exclusion remains in many jurisdictions as uncertain as ever, due…
Social media is a powerful tool to link businesses with potential customers. Mastering the initial business aspects of growing a social media presence is only the first step; it is equally critical to recognize and address the significant legal risks that go along with it. If you are a business executive, HR professional, or in-house counsel, the odds are that your inbox is cluttered with emails about the latest social media issue. This article cuts through the chaos and covers the…
Call & Jensen was recently honored in receiving the 2013 Corporate LiveWire Global Award for California Labour & Employment Law Firm of the Year. The Global Awards identify the successes of businesses, finance firms and individuals who have led the way in every sector over the past twelve months. They are compiled by Corporate LiveWire, a resource for professionalsin the global corporate and business community, to honor those who standout as consistently…
A sea change in the U.S. workforce is swelling. Over the past 10 years, companies looking for alternatives to the traditional employee work model have increasingly turned to contingent arrangements. Recent data suggests that 30-40% of American workers hold part-time, temporary, or contract positions. According to a Randstad Workforce360 Study, two out of three U.S. companies are already using contingent workers. Moreover, while U.S. companies lead the world in using temporary workers…
Cross-border employment relationships provide valuable growth opportunities for employees while giving companies access to unique talent, skill sets, and points of view. Employees may seek expatriate opportunities for personal reasons or professional development. According to a recent Mercer survey, 70% of companies expected to increase their short-term expat assignments. Employers large or small, however, need to be aware that easy mobility raises complex legal issues. In addition to tax and jurisdictional consequences,…
Call & Jensen is a full service civil litigation boutique that handles high stakes employment litigation and business matters throughout California and the country. Founded in 1981 with lawyers from the nation’s best law schools and the world’s most well respected firms, the firm’s clients include a list of some of the largest companies in the world. Call & Jensen litigates with excellence and dedication to its clients’ objectives. In addition to…
Call & Jensen Shareholder Scott Shaw provided his insights into consumer goods and retail trends in a recent Roundtable published in the Los Angeles Business Journal. Participating in a dialogue that included other experts from UPS and Marcum, Mr. Shaw weighed in on issues ranging from the Sharing Economy to legal challenges facing retailers and manufacturers of consumer goods. Mr. Shaw represents retailers and businesses in the areas of intellectual property, business…
