Posts From August, 2016

Christopher D. Carico Named to 2017 Best Lawyers® List

Christopher D. Carico

(August, 2016) – Carico Johnson Toomey LLP is pleased to announce that Christopher D. Carico has been named to the 2017 Edition of The Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession.

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published…

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GrubHub Gets a Taste of Drivers’ Labor Lawsuit

Q: Are on-demand, app-based drivers employees or independent contractors?

With fast food workers successfully protesting to receive a higher minimum wage, it should come as no surprise that other food industry workers would want to improve their own position in the workplace.

There have been several recent suits in California and elsewhere against ride-hailing giant, Uber, claiming the company misclassified its taxi-like drivers as independent contractors instead of employees in an effort to avoid paying its…

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The Unique Challenges of Estate Planning in Blended Families

How can I safeguard my child’s inheritance from my current spouse?

Unlike the couple whose first marriage stood the test of time and who are parents together exclusively to the same children, those who have multiple marriages and/or blended families sometimes face unique estate planning issues.

Each spouse generally enters the subsequent marriage with assets of their own, some or all of which may remain separate after the union. While the couple may have children together,…

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Class Action Suit Brought by Lyft Drivers Granted Preliminary Approval by U.S. District Court Judge

What is happening in the class action suit brought by Lyft drivers? 

Lyft is one of several competing ride-hailing taxi companies that pay freelance drivers from all over the country to ferry passengers to their destinations. As the company has grown larger and more successful, drivers have become increasingly dissatisfied with their earnings. Eventually, they filed a class-action lawsuit in an effort to increase their wages and be treated as actual “employees.”

In April, Lyft responded…

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The Effect of New Overtime Rules on Small Businesses

What are the effects of new overtime rules on small businesses?

According to new regulations from the U.S. Department of Labor, as of this past December, approximately 4.2 million more Americans have become eligible for overtime pay. As long as you own a small business with full-time employees, this change is likely to affect you.

The new regulation stipulates that hourly workers, lower-wage earners and non-managerial workers must now be paid overtime wages, one and a…

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Business And Corporate Law—What Is Your Risk Of Litigation?

An attorney can gauge your risk of liability by evaluating the corporate form or business association.  Several of these structures may include an S Corporation, Limited Liability Company (LLC), or a Partnership.  Under California law, you may have the ability to form a special or public purpose corporation.  Your attorney can advise you of the statutes that must be followed, such as the California Corporations Code or the Corporate Flexibility Act, as well…

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An Employer’s Potential Liability for Workers’ Harmful Acts

Is an employer liable for damages caused by the actions of its workers?

When an employee, acting within the scope of the job, commits a crime, such as sexual assault or rape, or another wrongful act that harms another, the employer may be vicariously and/or directly liable to the victim for damages. Yet when such crimes are committed by an independent contractor, the employer may be shielded from liability. So the difference between job classifications…

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Employers Beware—Claims by Independent Contractors are Rising

Are independent contractors entitled to Worker’s Compensation and other benefits for injuries due to an accident on the job?

In most states, employees are protected for claims for injuries and lost wages suffered as a result of an accident while working. Worker’s Compensation insurance, (“Worker’s Comp”) which employers with employees are required to pay into, is a fund that allows for the prompt payment of medical bills and lost wages of the injured employee.

The policy…

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San Diego Voters Approve Earned Sick Leave-Minimum Wage Ordinance

What are the new minimum wage and sick leave requirements in San Diego?

Voters in the City of San Diego approved a referendum that will increase the minimum wage to $10.50 an hour which will become effective once the election results are certified in July. The City Council had previously proposed an ordinance to raise the minimum age that was vetoed by the Mayor Faulconer.

New Minimum Wage In San Diego

The “Earned Sick Leave-Minimum Wage Ordinance”…

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How Non-Traditional Perks Attract Millennials

What types of employee benefits are today’s workers seeking?

In order to attract and retain employees, it is essential for any business to compensate their workers fairly, and provide them with fringe benefits such as company sponsored health insurance, retirement investment programs, vacation pay, and sick leave. While these benefits are traditionally provided by businesses across multiple industries, the advance of millennials into the workforce is changing the benefit landscape.

Non-Traditional Employee Benefits

Today, in addition to…

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