With the 50th anniversary of the enactment of the Age Discrimination in Employment Act (ADEA) on the horizon, the Equal Employment Opportunity Commission (EEOC) is focusing on the issue of age discrimination in the workplace. Age discrimination involves treating an applicant or employee less favorably because of his or her age and the ADEA “forbids…
In 2016, Assembly Bill No. 1732, also known as the “All-Gender” Bathroom Bill (Bathroom Bill), was introduced to the California legislature and subsequently signed into law by Governor Brown. The Bathroom Bill was sponsored by California NOW, Equality California, and the Transgender Law Center because “restrict[ing] access to single-occupancy restrooms by gender create problems of…
Various types of insurance policies have a provision within them that gives the policyholder the right to have an attorney (who is appointed and paid for by the insurance company) represent them in the event that they are named as a defendant in a lawsuit. Read on for 4 ways to improve the odds of…
Today, many businesses use arbitration as a means of resolving claims that arise. Indeed, many California consumer agreements contain arbitration clauses. However, the California Supreme Court recently narrowed the protection of arbitration agreements with class action waivers. Financial services entities and other businesses will be required to review their current contractual provisions to ensure compliance…
According to the California Supreme Court, public employees’ communications about official agency business may be subject to California Public Records Act (CPRA). This extends to communications on personal computers, smartphones, tablets, etc… While this is a case involving a public sector employer and the CPRA, I foresee that it may – and sooner than later…
Employers: Did you know that inside sales commission-based employees must be separately paid for their rest breaks? In another win for employees across the state, a California court recently held that certain employees paid on commission are also covered by the Industrial Welfare Commission (IWC) Wage Order requirement that “rest period time shall be counted…
Co-Managing Partner Nick Roxborough and co-counsel Jeffrey D. Farrow of Michelman & Robinson, recently won a motion to disqualify Nixon Peabody LLP from representing a plaintiff in an ongoing worker’s compensation dispute after the firm hired opposing defense counsel in the case. The decision, which was made by a Superior Court Judge in Orange County…
RPNA Partner Michael Adreani advised employers at a recent conference on how to avoid costly litigation, often in the form of class actions, for violations of California’s meal and rest period requirements. Adreani, who won an $89 million judgment in a landmark class action employment suit last December, was invited to share his insights at…
RPNA Partner Michael Adreani advises employers to have their practices signed off by all employees to ensure acknowledgement and to stay apprised of the ever-changing California Labor Code to avoid legal actions brought under PAGA, the Private Attorneys General Act. Adreani was asked for expert commentary in a recent San Fernando Valley Business Journal article…
Many are questioning whether, under the Trump Administration, the LGBTQ (Lesbian, Gay, Bisexual, Transgendered) community will be given the same protections provided to it during the Obama administration. The most accurate (and surely frustrating) answer to this question is, “it depends.”