California has been home to many a class action lawsuit surrounding meal and rest breaks, both before and after the state Supreme Court’s crucial 2012 decision in Brinker Restaurant Corp. v. Superior Court. Consequently, California employers have a sharp interest in making their break policies and practices as compliant as possible. The Basic Rest Break…
DetailsIn a win for employers throughout California and across the country, a recent court decision shows that an “honest belief” continues to be an effective defense for employers responding to employment discrimination claims. In an employment law context, the “honest belief” rule focuses on what a decision-maker honestly believed the facts to be and whether…
DetailsOn October 14, 2016, seasoned business litigator Drew E. Pomerance will be speaking at the Valley Industrial and Commerce Association (VICA) Business Forecast Conference at the Hilton Hotel, Universal City, California. Mr. Pomerance will join a small panel of experts to discuss how businesses can deal with and protect themselves from wage and hour and…
DetailsWhen it comes to cases against Applied Underwriters, RPNA’s Nick Roxborough is the go-to expert for commentary. Workers’ Comp Executive reached out to Nick regarding the most recent lawsuit against Berkshire Hathaway’s subsidiary filed in New York. The plaintiff is seeking a $6 million bond and at least $18 million in trebled damages. According to…
DetailsWorkers’ Comp Executive recently reached out to Nicholas Roxborough to comment on the new cease and desist order signed by California Insurance Commissioner Dave Jones, barring Applied Underwriters from selling its EquityComp program in California. Roxborough told Workers’ Comp Executive that, “the Order provides additional evidence that Applied has engaged in wrongdoing. It provides exquisite foundational evidence for existing lawsuits,…
DetailsA trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors. Many businesses survive on their ability to keep their trade secrets, well, secret. For this reason,…
DetailsIt’s political season and everyone seems to have something to say, including (not surprisingly) the Equal Employment Opportunity Commission (EEOC). According to the EEOC, wearing a hat that states “Don’t Tread on Me” to work could potentially be a form of racial harassment. The phrase comes from the Gadsden flag, which is a historical American…
DetailsIt is time to carefully review arbitration agreements and class action waivers. A few days ago the California Supreme Court delivered its highly anticipated ruling in the Sandquist v. Lebo Automotive case on the issue of whether it is the court or the arbitrator who decides whether an employment law case can proceed as a…
DetailsMany business owners feel as though operating within the City of Los Angeles is not an easy task and, unfortunately, the City has recently made it even more challenging. As of July 1, 2016, employers covered by both the California Healthy Workplaces, Healthy Families Act of 2014 (more on that here) and the City Ordinances…
DetailsEmployers in California must be increasingly cognizant of the Americans with Disabilities Act (ADA) as it applies to employees and prospective employees. Title 1 of the Act specifically prohibits employers with 15 or more employees from discriminating against workers who have a disability. An individual with a disability is a person who: · Has a…
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