What We Do

A business requires legal representation from startup through dissolution. Whether you are considering business formation, need counseling on an in-house legal matter or are facing litigation, Jacobs & Dodds provides comprehensive legal services to business owners throughout Orange County and California. We are dedicated to devising legal solutions that protect our clients' business profits and legal interests.

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New Independent Contractor Law - 2018

The California Supreme Court case of Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County   tightens the law regarding who is or is not an independent contractor at a business. The April 2018 court ruling states that workers are assumed to be employees unless all three of these factors can be proven: (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. The Court stated: "In the underlying lawsuit in this matter, two individual delivery drivers, suing on their own behalf and on behalf of a class of allegedly similarly situated drivers, filed a ...
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Ninth Circuit Case on Rounding of Employees Time

In the 9th Circuit case of Andrew Corbin v. Time Warner Entertainment- Advance the Court addressed the issue of employers who round off time worked by employees in computing their wages. In the Corbin case the employer rounded time off to the nearest quarter hour.  As stated by the Court, "This case turns on $15.02 and one minute. $15.02 represents the total amount of compensation that Plaintiff Andre Corbin (“Corbin”) alleges he has lost due to his employer’s, Defendant Time Warner EntertainmentAdvance/Newhouse Partnership (“TWEAN”), compensation policy that rounds all employee time stamps to the nearest quarter-hour. One minute represents the total amount of time for which Corbin alleges he was not compensated as he once mistakenly opened an auxiliary computer program before clocking into TWEAN’s timekeeping software platform. $15.02 in lost wages and one minute of uncompensated time, Corbin argued before the district court, entitled him to relief under the Fair Labor Standa...
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California Employers and How to Defend Wage and Hour Claims before the Division of Labor Standards and Enforcement

In California the Division of Labor Standards Enforcement (DLSE) adjudicates wage claims on behalf of workers who file claims for nonpayment of wages, overtime, or vacation pay, pursuant to California Labor Code sections 96 and 98. DLSE deputies hold informal conferences between employers and employees to resolve wage disputes. If a matter cannot be resolved at the informal conference, an administrative hearing is held to make a final determination on the matter. An employee (plaintiff) alleging the non-payment of wages or other compensation by his or her employer (defendant), must file a claim (the DLSE Form 1, “Initial Report or Claim” form) with a local office of DLSE to initiate investigation of the claim by the Labor Commissioner.  The employee is asked to provide any time records the plaintiff kept of the hours and dates worked that support the claim, paychecks and pay stubs showing the wages paid during the claim period and dishonored (or “bounced”) paycheck(s) during the ...
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