Girls In Tech

Plonk Wine Merchants is bringing the wine purchasing experience into the digital world with a bang.  Founded by native LosAngelista Etty Lewensztain, Plonk Wine Merchants brings wine lovers artisanal and rare wines from around the globe, including biodynamic wines, organic wines, and wines made from sustainably grown grapes.  Each wine is hand-picked by Lewensztain herself and is priced at just $30 per bottle or less!

Lewensztain is certified by the esteemed Wine & Spirit Education Trust (WSET) and the American Sommelier Association and an ambitious online entrepreneur, but at 28, she isn’t exactly opening up $100 bottles of wine every time she has dinner with friends.  One of Lewensztain’s goals in founding Plonk Wine Merchants was to create high value by “turning cheap on its head” – providing her customers with high-quality wines at cheap prices from small production wineries, rare varietals, and off-the-beaten path growing regions.  “For everyday drinking, you don’t need to spend a lot to buy great wines if you know where to look,” she explains.

Plonk’s Innovative Online Experience

Lewensztain makes innovative use of the online platform by providing Plonk Wine Club members with an interactive experience – online wine tastings with winemakers from all over the world.  Included in Club members’ monthly delivery are three wines featured in the online tasting and Club members can join in on the tasting.  In addition, each wine on the Plonk website is accompanied tasting and pairing notes, as well as video review, with interesting facts, such as information about the growing region, for those interested in a little extra wine education.

The Plonk Wine Merchant site also includes Lewensztain’s Plonk Blog, aimed at making wine digestible for everyone by explaining the basics and demystifying it.  Her blog also includes wine pairings with recipes from Los Angeles chefs, as well as tips on buying good, inexpensive wines.

Online: The Future in Wine Sales

Lewensztain chose to open as an online retailer because “it’s the future in wine in terms of sales.”  More and more, people are buying online and even brick and mortar stores are selling an increasing amount of wine to online customers.  In addition, as an online retailer, Plonk can focus on a larger, national customer base.

Being in the online space, however, also presents new challenges for Lewensztain, who has extensive experience in traditional wine marketing.  “Focusing on SEO, getting people to notice you, and getting return customers in the online space requires patience,” she explains.  As part of her online and social media marketing efforts, Lewensztain guest blogs for various websites in addition to creating value-added content for her own blog.  She has written blogs for eatdrinkbetter.com on topics such as biodynamic and organic wines and wine allergies, as well for menuism.com’s blog, including a three-part series about “wine geek lingo.”

To learn more about Plonk Wine Merchants, its unique offerings, and its ambitious female founder, visit Plonk on Facebook and follow Plonk on Twitter @PlonkOnline.  And if you’re wondering what in the world “Plonk” means, take a look at the top the page on the Plonk Wine Merchants’ website…

Meredith Davis Williams can be reached at 213-426-2144, mwilliams@millerwillamslaw.com, or @MerEsqLA.

Tags: Etty Lewensztain, Girls in Tech Los Angeles, Meredith D Williams, Online Retailers, Online Wine Sales, online wine tastings, Plonk Wine Merchants, seo, wine, wine club, wine marketing, Wine reviews, wine technology
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It’s both exhilarating and exhausting to be part of a start-up. Informal, creative work environments. Being more than just a cog in a wheel. Long nights. Wearing too many hats. The promise of becoming the next Google, Facebook or Twitter.

Running a start-up is also hazardous from an employment law perspective. Start-up companies often have informal work environments, young employees, no human resources professionals, and leaders with little experience running the administrative side of a business.

Misunderstanding the Law Can Cause Budgeting Problems and Lead to Lawsuits

Start-ups often involve few employees, so many start-up entrepreneurs don’t bother to worry much about employment laws or workplace policies. Pretty soon, business starts moving along fast and the company needs people ASAP. You hire an employee here, another one there, and suddenly you’ve got 10 people over night, including 8 computer programmers and an assistant.

Are You Properly Paying Your Computer Programmers?

With only one employee, you are subject to state and federal wage and hour laws. Now you have 10 and 8 of them are computer programmers. Computer programmers are commonly misclassified as exempt employees, so it’s important that you make sure yours are being paid correctly in order to budget properly and avoid lawsuits for back pay (which are likely to come after your start-up hits it big).

Can You Afford The Overtime?

Let’s say you were paying your computer programmers a fixed salary – $2,000 every two weeks – and thought that you didn’t need to pay them overtime. These these programmers have worked for you for 2 years (we’ll pretend they didn’t take any time off for vacation for the sake of simplification), each averaging a 65 hour a week. During your third year, you finally have some extra cash and have grown bigger, so you decide it’s time to get some employment law advice. Turns out your programmers are not exempt employees and you should have been paying them each an hourly rate and overtime pay, including 1 1/2 times their regular rate for hours worked over 8 in a day and 2 times their regular rate for hours worked over 12 in a day (you know there were at least a few). One of these programmers finds out and sues you for back pay (which he has 3 years to do). Now you owe him at least $55,380 in back pay, plus interest! (And I didn’t even include the legal fees you paid to help you deal with this situation.) But wait – that was 8 computer programmers you had and this is a small company. The first guy tells the other programmers and now you owe at total of at least $443,040 … YIKES!

Overtime Exemption Classifications are Tricky

Maybe you already knew all about this issue. But are you sure you properly understood the overtime exemptions? Overtime exemption analysis is tricky - for example, most administrative assistants do not qualify for the “administrative exemption.” The analysis is based on nuanced case law, as well as the actual day-to-day job duties of your employees, which often differ from the duties listed in job descriptions which formed the basis for your exemption analysis. In addition, California law is more strict that federal law and applies a slightly different test, so a job that is classified as exempt under federal law may not be exempt under California law Many well-intentioned employers have been caught off guard and you don’t want to be one of them. On the flip side, many ill-intentioned employers who think they can fudge this issue get caught – don’t be one of those either.

Meredith D. Williams is an employment law attorney in Los Angeles; she can be reached at mwilliams@millerwilliamslaw.com or @MerEsqLA.

Tags: California employment laws, computer programmers, entrepreneurs, Girls in Tech Los Angeles, Meredith D Williams, start-ups, wage laws
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You can never be too careful about what you post on Facebook, Twitter, and other social media networks.

A recent survey by California-based data security company Proofpoint found that 20% of the companies surveyed had investigated whether confidential company information had been exposed on a social networking site (including Facebook, MySpace and Linkedin) during the past twelve months (up from 12% over the last two years).  In addition, 20% of the companiessurveyed haddisciplined an employee for violations of company social network use policies (up from 10% in 2009) and 7% reported that they had terminated an employee for violating such policies.

It’s no secret that companies are also monitoring employees’ social network accounts and tweets more frequently than in the past to determine everything from whether employees’ online conduct might be harming the company’s public image to whether employees are lying about being out sick.

Here’s a roundup of some recent cautionary tales that have hit the news:

• A Connecticut school superintendent was fired after posting inappropriate status updates to his Facebook page during his first few days on the job.  The postings, which cost him his $150,000-a-year job, included: a comment that he slept in until 10:00 a.m. on his first day of work and that it would be “the best job ever” if that happened every day; and “counseling an administrator to retire or face termination. : )”.  (Reported by several Connecticut news outlets, including: www.necn.com and www.ctnow.com)

• Five nurses were fired from a hospital in Oceanside, California after they were caught discussing patient information on Facebook (causing concerns about HIPPA violations).  They were fired despite that fact they did not post any patient names, pictures, or other identifying information. (Reported by several San Diego news outlets, including: www.nbcsandiego.com and www.signonsandiego.com)

• An employee at a European insurance company was fired after her employer discovered she was actively using Facebook after she had requested leave, saying that she felt ill and needed to rest away from her computer.   (Reported by the Economic Times)

Maybe the above examples sound like something you would never do, but people have been fired for things far less obvious.  The new Facebook group “Fired Because of Facebook” has created a forum for employees to share their woes.  These incidents may not have made the news, but they are definitely anecdotes that people should read.

Meredith Davis Williams is an employment law attorney at Miller | Williams LLP in Los Angeles and can be reached at (213) 426-2144, mwilliams@millerwilliamslaw.com, or @MerEsqLA.

Tags: facebook, Fired Because of Facebook, Fired over Facebook, girls in tech, linkedin, Los Angeles, Meredith D Williams, social media, social networks, twitter, Using Social Networks at Work
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…And that’s just what I’ll be doing on September 10 all over a little piece of heaven I like to call the Saks Fifth Avenue shoe department.  Louboutin ankle boots…Chloé knee-high pebbled leather… I think “I just found me a brand new box of matches, yeah!”

Join Girls in Tech LA and shop for a cause on September 10 at GITLA’s Fashion’s Night Out event at Saks Fifth Avenue in Beverly Hills, benefiting Dress for Success.  With 15% shopping discounts, rock star makeovers, swag bags, and cocktails, is there any way this event could get even more fabulous? Actually, there is…

Attendees can enter to win a pair of must-have Fall boots from 10022-SHOE – an even bigger piece of heaven located at Saks on Fifth Avenue in NYC.  (A shoe department so big, it has its own zip code. Yes, that’s right, its own zip code!) I told you, FABULOUS!

So take a walk around the 90210 shoe department on September 10, enter to win, and let your feet celebrate Fashion’s Night Out!

What: Girls in Tech Presents: Fashion’s Night Out sponsored by Saks Fifth Avenue
When: Friday, September 10 from 6:00 pm to 10:00 pm
Tickets: Click here!

“…Are you ready, boots? Start WALKIN’!!”

Tags: Dress for Success, fashion, Fashion's Night Out, girls in tech, Los Angeles, networking
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During a panel discussion at the Western Foodservice and Hospitality Expo in Los Angeles this past weekend, a Los Angeles chef brought up the topic of Yelp reviews.  While this chef was in mid-sentence, Yelp’s Business Outreach Manager Luther Lowe happened to be walking by and stepped into the room to join the conversation.

An interesting discussion ensued, focusing on issues related to negative reviews by Yelpers with no restaurant or culinary training and the increasing need for chefs (and other local business owners) to join the Yelp conversation.  

With over 12 million user reviews and approximately 33 million views per month,* the power of Yelp’s word of mouth loud speaker is having a significant impact on local restaurants.  Yelp has given millions of users the power to review restaurants’ chefs, menu items, wine lists, drink specialties, service, and ambiance and publish to an audience of millions of viewers – a power that was once reserved only for professional food and wine writers working for traditional publications.

As a result, Yelp is changing the way restaurateurs and chefs interact with their customers, as well as the way they must handle both their formal and informal public relations and marketing efforts.

On the positive side, Yelp is making the world of restaurant reviews a more democratic process rather than an elitist one.  This process allows local restaurants which might not have received attention from traditional print or online food writers to receive a new type of media attention that can be a powerful force in generating new customers.   In addition, Yelp allows restaurateurs, chefs, and front-of-the-house managers to receive real-time customer feedback that they can use to quickly evaluate and adjust everything from their menu choices to hiring choices.

On the negative side, for many chefs and restaurateurs who have amassed years of training in the culinary arts and whose restaurants are the result of considerable blood, sweat, and tears, Yelp’s democratic force in the world of reviews means that reviewers with no understanding of or training in the restaurant industry or the culinary arts can slam a chef for one off night or because they don’t understand what a particular dish is supposed to taste like.

Also problematic is the fact that the democratic masses of reviewers are not part of the traditional institution of journalism, which carries with it principles of responsible reporting (in theory at least…).  An average Yelp reviewer is not likely to research the chef, his or her past experience, or the background of a particular menu’s cuisine influences before writing a good or bad review as would a traditional food critic.

The power of Yelp, however, is a reality that restaurants and other local businesses must now take into account in their business practices.  As Yelp’s Lowe emphasized, businesses have an important voice on Yelp.  Yelp provides businesses with the ability to take ownership of their listings by unlocking them on the site, allowing businesses to put information out there for the Yelp audience.  Yelp also provides businesses with the ability to respond to reviews both publicly and privately, giving them an equal voice in the conversation and a means to reach out to customers who had negative experiences.

Lowe also emphasized Yelp’s efforts to maintain the integrity of the site’s reviews.  As he explained in a follow-up conversation, Yelp employs a filtering technology to help ensure (to the best of its ability) that only trustworthy reviews end up on businesses’ pages. **

While it can be overwhelming for chefs, restaurateurs, and other business owners to have an endless parade of critics to contend with, social media outlets such as Yelp are here to stay and will continue to play an important role in influencing consumer decision-making.  Only restaurants and other businesses that take a proactive approach to social media, incorporating this new force into their marketing plans, will be able to take advantage of its benefits.

* See http://www.yelp.com/about

** For more information about Yelp’s filter system, watch this: Yelp\’s Review Filter

Meredith D. Williams is on the executive board of Girls in Tech LA and writes for girlsintech.net on topics ranging from wine technology to the intersection of law and technology. In her day job, Meredith is a partner at Miller | Williams LLP, an employment litigation and counseling law firm.  She helps businesses handle employment issues, including legal compliance, hiring, discipline, terminations, sexual harassment, workplace policies, disability accommodations, medical and pregnancy leave, and wage and hour, counseling them on a day-to-day or situation-by-situation basis and defending them against employee lawsuits. Follow Meredith: @MerEsqLA and caemployersresources.com

Tags: Chefs, food critics, girls in tech, Los Angeles, Luther Lowe, marketing, Meredith D Williams, public relations, real-time customer feedback, restaurants, social media, traditional journalism, user reviews, Yelp
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Technology use in the workplace is a double-edged sword.  On the one hand, it allows for increased efficiency and flexibility because we can communicate with co-workers and clients instantly from wherever we are through numerous mediums from a single handheld.  On the other hand, it has given us all a serious case of ADD.  And more importantly, it has blurred the line between what’s personal and what’s work.

We use our Blackberries, iPhones, iPads, Droids, and HTC-2s to send an email to a client or boss on our  companies’  systems one minute, and then use the same handheld to send a personal email to a  friend,  accountant, or lawyer  on our personal email account the next minute.  The same happens from desktops and  laptops.

The privacy issue arises when that handheld, laptop, or desktop is provided by a company to one of its  employees. Do the employees have a right to privacy in their communications when they send a  personal  email  over the company’s email system? When they use a company’s computer to send an  email from a  personal account  using the company’s Internet service? When they send text messages on employer-  provided phones and handhelds?  What is considered a reasonable personal use of company-provided devices in a world when employees are expected to answer emails from home and from handhelds and when they are expected to work 10 to 12 hour days?

These are just the sort of issues that are currently making their way through the state and federal court systems.

In a recent decision involving text messages sent on government-employer owned cell phones, the U.S. Supreme Court declined to make a broad ruling on the issue of “privacy expectations vis-à-vis employer-provided technological equipment” because of thepotential future impact such a ruling could have in an area where “rapid changes in the dynamics of communications and information transmission” are affecting both the technology itself as well as “what society accepts as proper behavior.”*

Because the legal analysis in privacy cases centers on a person’s “reasonable expectation of privacy,” what we accept as a societal norm affects what is considered “reasonable” from both an objective and subjective point of view.**

Despite the Supreme Court’s refusal to provide a broad ruling on this issue, it did not find that the City violated the employee’s privacy rights when it reviewed the content of his text messages.  The factual grounds supporting this finding were that: there was a workplace policy which indicated that text messages could be reviewed; and there was a legitimate work-related purpose for the review (i.e., determining whether text message overage charges required the City to increase its phone plan).

The implications of this decision are huge – even without a broader ruling and despite the differing privacy analyses that apply to public vs. private employers – because it essentially says that so long as employers properly craft their workplace policies regarding technology use, they can significantly erode employees’ privacy rights.  This is particularly troubling in an age when technology is trending toward the increased availability of a one-size-fits-all devices and when the distinctions between one’s personal and work life are being significantly blurred.

Meredith D. Williams is an employment lawyer in Los Angeles, California and a partner at Miller | Williams LLP, an employment litigation and counseling law firm, providing businesses of all sizes, as well as selected employees, experienced and cost-effective legal services in a wide range of employment-related litigation and counseling matters, including matters involving employee privacy, discrimination, harassment, retaliation, and wage and hour issues.  Contact her: mwilliams@millerwilliamslaw.com or @MerEsqLA

*See City of Ontario v. Quon, 560 U.S. ____ (No. 08-1332, June 17, 2010).
** The “reasonable expectation of privacy” issue is relevant in the context of Fourth Amendment privacy cases involving public employers as well as in the context of common law “intrusion on seclusion” privacy cases involving private employers.  See Stengart v. Loving Care Agency, Inc., 201 NJ. 300, 990 A2d 650 (N.J. 2010).

Tags: ADD, blackberry, Droid, girls in tech, HTC-2, iphone, LA Chapter, Meredith D Williams, Miller Williams, Personal Use of Company Technology Devices, Quon, right to privacy, Supreme Court, Text Messages
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Boeing’s Employee Wine Club Is Turning the Company’s Tech Gurus into Wine Gurus

Boeing may be known internationally as one of the world’s premier aerospace and defense companies, but in Washington State where Boeing’s commercial airline business group is headquartered, Boeing is known for something else as well – producing some of Washington’s most notable winemakers.

Since 1972, Boeing has provided current and former employees an opportunity for membership in the Boeing Employees Wine and Beer Makers Club, a.k.a. the “Boeing Wine Club.”  The Boeing Wine Club started during the same decade that Washington’s wine industry experienced significant expansion* and the Club offered members contacts and contracts with some of Washington’s top grape growers, enabling members to get into Washington’s wine industry at the ground level.**  This has given Boeing Wine Club members unique access to top quality grapes and top quality wine technology.  In addition, the Club’s membership boasts some of the aerospace industry’s top engineers – brilliant engineering and technological minds who have turned their attention to the science of winemaking.  The result: a winemaking club that has become famous for turning top aerospace techies into top wine techies.

Graduates of the Boeing Wine Club include: Ben Smith of Cadence Winery; Tim Narby of Nota Bene Cellars; Dave Larsen of Soos Creek Wine Cellars; and relative newcomer John Bell of Willis Hall.

Cadence’s Smith spent over ten years working at Boeing as a mechanical engineer designing airplanes before making his first vintage  in 1998.  Since 1999, Smith’s wines have consistently received scores in the 90s from Wine Spectator and his Grande Rêve Collaboration Series I produced with Ciel du Cheval grapes recently received 95 point scores from Wine Advocate for the 2005 and 2006 vintages.

Nota Bene’s Narby is a former Boeing systems analyst who started Nota Bene with his wife 18 years ago.   Their award-winning wines include the Abbinare Washington, Syrah Washington, and Abbinare Columbia Valley, each of which received a 90-point score from Wine Spectator.

Soos Creek’s Larsen is one of Washington’s most respected winemakers.  He started his winery in 1989 while working in Boeing’s Finance Department.  His 2007 Champoux Vineyard Horse Heaven Hills and 2007 Ciel du Cheval Vineyard Red Mountain received 92-point ratings from Wine Spectator.

Willis Hall’s Bell was a propulsion engineer at Boeing for 31 years, who produced his first commercial vintage in 2003 while stillworking at Boeing. *** After retiring in 2004 to pursue winemaking fulltime, Bell was honored in 2006 by Seattle Magazine as Washington’s Best New Winemaker.

For more information about the Boeing Wine Club, visit its website at: http://www.bewbc.org/index.php?option=com_frontpage&Itemid=1

Meredith D. Williams is an employment lawyer in Los Angeles, California and a partner at Miller | Williams LLP, an employment litigation and counseling law firm, providing businesses of all sizes, as well as selected employees, experienced and cost-effective legal services in a wide range of employment-related litigation and counseling matters, including matters involving discrimination, harassment, retaliation, and wage and hour issues. Follow: @MerEsqLA

* See http://www.washingtonstatewineclub.com/history.html

** See http://www.executivetravelmagazine.com/page/Fruits%20of%20their%20labor

*** See http://www.winecow.com/features/wc_winery_willishall.asp

Tags: Boeing, Cadence, girls in tech, Meredith D Williams, Miller Williams, Nota Bene, Soos Creek, Washington Wines, Willis Hall, wine
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You may remember that in my last blog entry I informed our readers that many lawyers are now using blogs as a marketing tool to promote themselves, their law firms, and their expertise.  The typical employment law blog, however, is usually far from interesting.  They often include items such as riveting summaries of the latest wage and hour cases and settlements along with “helpful” tips.  I can summarize an example for you here: Wal-Mart agrees to pay $86 million to settle wage and hour claims for alleged failure to pay former California workers for overtime and unused vacation pay.  (See In re Wal-Mart Stores, Inc. Wage and Hour Litigation.) To avoid class actions like the one filed against Walmart, it is important to make sure your company policies are up to date with current law.  Your employment lawyer can help you avoid Wal-Mart’s mistakes.  YAWN!  

Thankfully, Mark Tosh, employment lawyer and Chief Legal Officer of Manpower Inc.’s* North America Operations, has created a better kind of legal “blawg” – the Manpower Employment Blawg.  Highlights from the “blawg” include: Tosh’s weekly legal analysis of NBC’s “The Office”, covering both serious issues and seriously funny jokes; regular contests for readers and webinar viewers to win prizes by spotting fake laws and missed legal issues from his “Office” analyses; a link to the best lawyer jokes; and Tosh, himself, playing Elvis in the video “How To Hire If You Want To Get Fired.”

In addition to providing witty and interesting content, Tosh’s “blawg” also provides a credible and reliable source of informative legal tips and resources for executives and human resources professionals, including “cheat sheets” on numerous employment laws, legal news updates, a sample social media policy for the workplace, and a great piece on “Why You Should Care About Employment Law.” You can also follow the Manpower Employment Blawg on Twitter at @manpowerblawg.

Meredith D. Williams is an employment lawyer in Los Angeles, California and a partner at Miller | Williams LLP, an employment litigation and counseling law firm, providing businesses of all sizes, as well as selected employees, experienced and cost-effective legal services in a wide range of employment-related litigation and counseling matters, including matters involving discrimination, harassment, retaliation, and wage and hour issues.

Contact Meredith at mwilliams@millerwilliamslaw.com

*Manpower Inc. is a world-wide recruiting, staffing, and human resources consulting firm headquartered in Milwaukee, Wisconsin.

Tags: Blawg, Blog, employment law, girls in tech, legal, Los Angeles, Manpower Inc., Mark Tosh, Meredith D Williams, Miller Williams, nbc, The Office, Wal-Mart
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More and more we all turn to Google for answers to our every day questions.  Dear Google: how far in advance can I buy movie tickets for the new Sex and the City Movie? Dear Google: will vitamin C serum really stop these fine lines around my eyes from getting worse?  We ask Google for answers from our Blackberries and iPhones over lunch.  We ask Google for measurement conversions when cooking – how many cups are in a pint?  We even ask Google for answers to medical questions.  But can we ask Google for legal advice? Google can answer everything else, right? So why not legal questions? Can’t Google lower our business’s legal costs?

True to my attorney-self, I answer: it depends. Yes, Google can answer any legal question you pose and make you more knowledgeable about a relevant legal issue.  No, Google cannot apply the law to your business’s particular legal situation, taking into account the variable factors that inevitably make each legal issue unique; nor can Google identify related legal issues that will arise in the future and help you avoid costly legal mistakes.  Additionally, while there is a wealth of legal information online, only some of it is reliable.  Attorneys are increasingly using websites and blogs as a marketing and referral reinforcement tool, providing basic legal information in their areas of practice and legal updates on emerging issues.  As a result, there are a growing number of attorneys providing sources of legal research online; and when you pose your legal question to Google, Google will faithfully respond by providing you a list of links to numerous potential answers, including links to these websites and blogs.

When determining the reliability of a legal resource on the Internet, use common sense.  The best sources of legal information are on state and federal government websites and state bar association websites.  Both of these sources provide information which can be very helpful for businesses in a variety legal practice areas.  For example, The State Bar of California’s website provides information on bringing a case in small claims court, which is often an effective recourse for recovering outstanding unpaid accounts.  State and federal government websites also generally have business portals, combining online business resources, including legal resources, in one place on their websites, such as the U.S. Government’s Business.gov.

When viewing legal information on individual attorneys’ and law firm’s websites, take a look at the attorney profiles to give you a sense of who is giving you the advice and what their experience is.  Most of the largest law firms, which charge many hundreds of dollars by the hour for their legal advice, frequently post articles about emerging legal issues in just about every area of the law.  Because these law firms are protective of their reputations and tend to hire highly qualified attorneys, their websites and blogs can provide a reliable source of legal information.

At the end of the day, however, actual human attorneys are in a better position to answer your legal questions than Google, although Google can certainly make you a more legally savvy business woman.  

Tags: attorney blogs, attorney websites, blackberries, business woman, girls in tech, Google, iphone, legal, legal information, Meredith Davis Williams, State Bar of California
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