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Chauvel News

Thanks for visiting! Check back here often to hear the latest news about our firm. We’ll also update you on changes in the law, how the changes could affect you, and how we can help.

Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

Yesterday, the California Court of Appeal found that an employer is not​ liable for injuries to third-parties that are caused by an employee driving their personal outside the scope of his/her employment, so long as there is no benefit to the employer. Employers can be held liable "for an employee's tortious conduct while driving to or from work, if at the time of the accident, the employee's use of a personal vehicle was required by the employer or otherwise a benefit to the employer." In this case, the employee was driving his vehicle on his usual route to work, but it was not a work day. The appellate court reversed the trial courts decision and held that the employer was not liable. 

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Digital assets as defined in the California Probate Code are “electronic record(s) in which an individual has a right or interest.” Cal. Probate Code §871(h) These accounts include your personal data stored in your computer or other digital devices, and your email accounts, blogs, or accounts with various social media portals such as Facebook, Twitter, Instagram, and/or LinkedIn. In addition, digital assets also include your assets of monetary value such as your online banking accounts, brokerage accounts, any domain name, PayPal or Venmo, and many more.

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Business, Employment:  May 24, 2018

An 'Epic' Win for Employers

On May 21, 2018, the United States Supreme Court decided Epic Sys. Corp. v. Lewis​, finding that employment arbitration agreements that contain class action waivers are enforceable. Prior to this case, best practices required an opt-out option for employees when contemplating waiver of rights to file a class or collective action.

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On May 8, 2018, the California Court of Appeal published its decision in Maldonado v. Epsilon Plastics, Inc. In this decision, the court found that claims for inaccurate wage statements, based on other wage and hour violations, did not give rise to a presumption of injury. 

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This week the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court, which makes it more difficult for companies to classify workers as independent contractors.  Under the Dynamex ruling, the Court adopted the “ABC” test in which a worker is presumed to be an employee of the hiring company unless the company can establish that:

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