Blog Posts in January, 2017

Court Further Explains Exceptions to Privette Doctrine in Context of Construction Accident

When affirming the trial court's granting of summary judgment in favor of a general contractor under the Privette doctrine, the California Second Appellate District further upheld the general rule in California that an injured employee of an independent contractor cannot recover tort damages from the contractor's hire for work related injuries. Plaintiff was an employee of an electrical ...

Expanding Liability To Take-Home Asbestos

The California Supreme Court has changed the legal landscape for California businesses with its recent decisions in Haver vs. BNSF Railway Co. , No. S219919 (Calif. Sup. Ct.) and Kesner v. S.C. (Pneumo Abex LLC) , No. S219534. The Supreme Court recently heard oral argument on these two asbestos cases involving claims of take-home exposure to family members of asbestos-workers. The Supreme Court's ...

Transporting in California - An Employment Overview: Part 2

In our previous article, we discussed California's overtime compensation and meal and rest period obligations in relation to truck drivers engaging in interstate and intrastate commerce. In this article, we discuss independent contractors and the risks associated with misclassification of employees in California. Transportation companies frequently utilize independent contractors or ...