Kluger Kaplan’s Michael Landen provides employment law insights in today’s Daily Business Review.
A United Realty Group Inc. real estate agent demonstrating with protesters calling for the firing of the Broward election supervisor is out of a job following a high-profile Twitter video.
Liliana Albarino-Olinick was fired Saturday as an independent contractor with Plantation-based United Realty after videos surfaced of her mocking and berating supporters of Democratic gubernatorial candidate Andrew Gillum.
Employment law attorneys said United Realty acted within its rights as an employer dealing with fallout from tight Florida elections that triggered automatic recounts in three statewide races, including Gillum’s run for governor…
Michael Landen, a partner at Kluger, Kaplan, Silverman, Katzen & Levine in Miami, said there’s no reason United Realty couldn’t sever its relationship with the Olinicks since they were independent contractors.
Private employers dealing with contractors have the right to say, “You know what, we are not going to do business with that company. We don’t like what they stand for.”
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By Linda Chiem
Law360, New York (September 9, 2016, 6:02 PM ET) — The Ninth Circuit’s ruling that ex-Uber drivers suing the company over background checks must fight it out in individual arbitration, not the courts, deals a body blow to a host of high-profile wage-and-hour class actions where drivers are accusing the ride-hailing giant of misclassifying them as independent contractors, experts say.
The three-judge panel’s much-anticipated Sept. 7 decision largely affirming the validity of Uber Technologies Inc.’s arbitration provisions applies to just two proposed class actions from ex-drivers who claimed that Uber performed background checks without their authorization…. “Uber not having to deal with these cases on a class basis is beneficial to them, but it’s likely to potentially dissuade some of these plaintiffs from moving forward and certain attorneys from taking these cases,” said Michael Landen, a partner at Kluger Kaplan Silverman Katzen & Levine PL who specializes in labor and employment litigation. “Uber is this giant and now you have lawyers that will have to decide if they want to dip their toe in the water when there’s not nearly as much upside.”
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U.S. District Judge Edward M. Chen’s refusal to preliminarily sign off on the $100 million deal — $84 million of which was a lock for drivers while the rest was contingent on the ride-hailing giant launching…
Michael T. Landen and Lisa J. Jerles
MIchael T. Landen
The holidays are among us, which means employees can look forward to company holiday parties to celebrate another successful year with their firm or companies. Unfortunately, the holiday season can also result in legal issues for both employers and employees, which may arise from seemingly harmless activities.
Holiday parties are a positive way to promote a healthy, collaborative and comfortable working environment. Many employers strive to create a family-friendly environment in the workplace, and the holiday party is an effective way for employees to get to know one another outside of the office. The goal, however, is that employees do not become too comfortable in their surroundings and forego company policies, potentially bringing unwarranted legal claims to the company.
According to a recent study by the Society for Human Resource Management, approximately 65 percent of companies are having a holiday party, of which 59 percent plan to serve alcohol. Alcohol can increase the chances of a legal issue arising from drunk driving, sexual harassment or worker’s compensation due to an injury. But by planning ahead, employers can take steps to mitigate issues that may arise from alcohol consumption at the office holiday party.
Read more in Part 2: http://bit.ly/1S7dVQ1