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…
DetailsCo-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…
DetailsRPNA’s $89 million judgment in a landmark class action employment suit was highlighted in the February 6, 2017 issue of San Fernando Valley Business Journal. The article discusses the impact of the 5-2 decision—which was argued in front of the California Supreme Court by RPNA partners Drew Pomerance and Michael Adreani—on how California employers approach meal and rest breaks. Specifically, it clarifies and sets…
DetailsIn today’s digitally-driven age, it seems that it would be surprising to have an employee who did not have a smartphone, tablet, or other similar device that allowed him to instantly ‘connect’. In fact, many California employers assume that it is a given that their employees own a smartphone and encourage them to also use…
DetailsAt the present time, an estimated 7 million employees in California are not offered tax-qualified retirement plans through their employers. Starting Jan. 1, 2017, this is going to change. Under the California Secure Choice Retirement Savings Program (Senate Bill 1234), employers who do not currently offer a tax-qualified retirement plan to employees will be required…
DetailsPerhaps in response to some of the questions posed by the media following the election of Donald Trump, the Equal Employment Opportunity Commission (“EEOC”) recently released guidance on national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). As many employers are aware, Title VII applies to any individual employed…
DetailsIt was a chance meeting at a UC Berkeley dorm forty years ago that eventually led partners Nick Roxborough and Drew Pomerance to establish their own law firm, what is known today as Roxborough, Pomerance, Nye & Adreani LLP (RPNA). Few law firms are founded on friendships and fewer sustain a solid forty-year relationship. It was for this reason,…
DetailsThe use of medical marijuana in the California workplace has been a popular, if not confusing, topic as of late. With conflicting views on medical marijuana usage at the federal and state levels, many employers are understandably perplexed, if not a little nervous, while attempting to walk the fine line between federal law (which continues…
DetailsMany California employers are aware that there are limits on the types of questions you can ask job applicants and/or current employees who are interviewing for a new position. For example, it is unlawful to ask a question that could reflect bias based on race, color, age, gender, religion, gender affiliation, or any other protected…
DetailsAs many California employers know all too well, wage and hour class actions are on the rise. A quick Google search of any combination of the words “California”, “wage and hour” and “class actions” results in thousands of results, a number of them actual cases involving disgruntled employees seeking millions of dollars from their employers.…
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