(07/29) HOTL Hour 3
Handel On The Law
KFI AM 640
4.3 • 879 Ratings
🗓️ 29 July 2023
⏱️ 34 minutes
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| 0:00.0 | This is Handel on the Law, marginal legal advice, where I tell you you have absolutely no case. |
| 0:09.1 | Excuse me on that one, a little froggy there. |
| 0:11.6 | A lawsuit against IBM here in California, and I don't know how the lower court ruled for IBM on this one. |
| 0:20.2 | Boy, you got me on this one. So the lawsuit had to do |
| 0:23.8 | with covering from work from home expenses that were incurred by employees during COVID. And here is |
| 0:33.3 | what it's about. You have a class action lawsuit and you have a lead plaintiff, |
| 0:39.7 | which is what happens when the lead plaintiff sues on behalf of the entire class, and this class |
| 0:45.3 | is thousands of IBM employees. So they had to work at home because under state declaration, emergency declaration, the governor issued this declaration |
| 0:57.8 | saying, unless you are an essential employee, you have to be there, you work from home. |
| 1:04.7 | And certainly people that work from IBM, since IBM does not send out boxes like UPS does, |
| 1:10.6 | and IBM is not in the medical industry, |
| 1:13.6 | it's hard to do operations on patients from your house. |
| 1:17.7 | Nobody really is an essential employee. |
| 1:22.0 | So what happens is you have these people who work for IBM and say, okay, here's what we want. |
| 1:30.4 | We want reimbursements for our computer, our Internet, payment for all of our accessories, the telephone service we have to pay for, a telephone headset that I'm using, and what does IBM say, no, thank you. |
| 1:48.0 | Why not? You would ask. Because IBM's position is it did not ask the employees to stay home. The governor |
| 2:00.4 | mandated, the government of the state of California mandated that the employees to stay home. The governor mandated, the government of the state of California |
| 2:03.3 | mandated that the employees stayed home. And IBM didn't have anything to do with that decision. |
| 2:08.9 | So if you have expenses, go to the government. Don't go to us. And so, of course, the lawsuit went forward. |
| 2:18.3 | The lower court gave it to IBM. |
| 2:22.3 | I don't get that. |
| 2:26.3 | Well, on the appeals level, the California First District Court of Appeals, |
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