appellate court Archives

Apr 9, 2020

Staffing Agency Not Liable for Conduct Beyond Its Control

In a welcome piece of good news for staffing agencies, a California appellate court has reaffirmed the rule that a staffing agency cannot be held liable for alleged workplace discrimination in which it did not participate. Ducksworth v. Tri-Modal Distribution Services, (Second Appellate District, April 7, 2020). Two employees, Ducksworth and Pollock, sued their immediate employer, Tri-Modal, along with the two staffing agencies – Scotts Labor Leasing and Pacific Leasing – that had assigned them to work at Tri-Modal, alleging that the failure to promote them was due to discrimination against them as African Americans. Scotts Labor and Pacific Leasing… Read more

Nov 13, 2018

Airbnb Rentals Hit Legal Turbulence

A tenant of a rent-stabilized Manhattan apartment listed the unit on the Airbnb website at nightly rental rates starting at $200. Entered into more than one dozen separate rentals totaling 79 nights in 10 months, with up to 5 guests per rental. And collected as much as $366.00 per night, more than four times tenant’s daily rent of $90.00. Landlord started an eviction proceeding. The trial court concluded that tenant commercialized her apartment, an incurable violation of the Rent Stabilization Law. And also found that the illegal, de facto hotel operation showed complete disregard for the legitimate security concerns of landlord… Read more