The article featured in Location Matters by Lauren Bushman, Associate at TencerSherman Employee handbooks are like a good sunscreen, one generally does not realize the importance of protection until they get burned. Employment claims are on the rise and can be detrimental to a restaurateur’s company culture and business success. With the intense nature of the restaurant industry, including high employee turnover, minimal profit margin, and cutthroat competition, restaurateurs cannot afford employee lawsuits. The good news is that the risk of employee lawsuits…

After nearly two decades of litigation, the California Supreme Court pronounced a new standard for determining whether a worker is categorized as an employee or independent contractor. In this decision, delivery drivers who were once categorized as employees and later reclassified as independent contractors filed suit alleging they performed the same tasks despite their classification change. The new test is a short and sweet 3-prong standard, which makes it drastically more difficult for businesses to classify their works as independent contractors.…

TencerSherman is proud to announce that Sam Sherman was selected for the 2018 San Diego Super Lawyers list. Here's your chance to catch up on the latest happenings of excellent attorneys in your area with the release of the 2018 San Diego Super Lawyers Magazine. The digital version contains the entire print publication. To access the archive of the Super Lawyers Magazine digital editions, click here.

The California Supreme Court dealt another blow to employers defending wage and hour litigation in California by ruling that PAGA plaintiffs do not need to show good cause to justify broad discovery of the names and contact information of all potentially aggrieved employees at the outset of the case. In Williams v. Superior Court (Marshalls of California), the plaintiff filed a representative claim under the Private Attorneys General Act (“PAGA”) against Marshalls on behalf of all non-exempt California employees alleging various labor…