An employee wellness program, also called a “worksite wellness program”, is intended to promote and support employee health, safety, and well-being and “increase productivity, boost morale, and reduce stress”. Following a handful of discrimination lawsuits relating to these programs, the Equal Employment Opportunity Commission (EEOC) recently issued two new rules under the Americans with Disabilities…
DetailsIn an unusual unanimous ruling, the United States Supreme Court recently upheld a whistleblower’s claim (Universal Health Services v. U.S. ex rel. Escobar). With the ruling, the Court affirmed the “implied certification theory” of liability under the False Claims Act (FCA), which permits contractors to be liable for fraud when they fail to disclose material…
DetailsIn a recent Workers’ Comp Executive article, RPNA co-managing partner Nick Roxborough was asked to comment on California Insurance Commissioner Dave Jones’ decision regarding Applied Underwriters’ EquityComp Program. Roxborough said he wouldn’t be surprised if Applied Underwriters’ certificate is eventually pulled stating that the decision “effectively kills the program in California as it exists now.” The RPA (reinsurance participation…
DetailsWith November 8, 2016 (also known as Election Day), closer than you think, California employers need to be prepared for the presence of politics in the workplace. Under California law, employers play a part in protecting employee voting rights and other political activity. Voting Rights
DetailsThe topic of bathroom use by transgender individuals is a hot one, and that includes in the realm of employment law. Indeed, the California Fair Employment and Housing Council (FEHC) is in the process of drafting new regulations that define employment practices which constitute discrimination against transgender applicants and employees. As an employer in California,…
DetailsSummer has arrived and for many California employers, that means summer internships. Internships can be a benefit to both the student and the employer, but if not approached properly, can land the employer in legal hot water. Do we have to pay our company’s summer intern? Maybe.
DetailsRPNA co-managing partner, Nick Roxborough, was honored by United Cerebral Palsy of Los Angeles at the 20th Annual UCP Golf Tournament on June 6. More than 300 people attended the tournament and gala dinner that followed, raising approximately $400,000 for the organization. As the former President of the Spastic Children’s Endowment Foundation, having served as…
DetailsEmployers, you may want to take a seat for this… Recently, the Supreme Court of California ruled that under Industrial Welfare Commission Wage Order No. 7-2001, “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court held that employers must examine the…
DetailsFor the first time since 2005, the United States Department of Labor has issued an updated regulation automatically extending overtime pay eligibility to 4.2 million “white collar” workers previously exempted from the Fair Labor Standards Act overtime pay requirements. The updated regulation is almost certain to swell payroll costs and increase wage and hour lawsuits.…
DetailsSandquist v. Lebo Automotive Inc. may seem like a typical employment lawsuit. However, it involves a very significant issue that has now been taken up to the California Supreme Court for resolution. The issue is who determines whether a class claim may be brought and heard before an arbitrator—the court or the arbitrator itself —when…
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