It is well-settled in California that an employer is prohibited from retaliating against an employee who makes a complaint to a government or law enforcement agency. Indeed, California Labor Code section 1102.5 makes it illegal for a California employer to discharge, demote, suspend or discipline in any manner an employee who provides information to a…
DetailsAs an ardent college football fan, the recent firing of (now former) USC football coach Steve Sarkisian has been of interest to me. On one hand, this makes for an attention-grabbing turn of events for USC football. On the other, the school’s reaction to Sarkasian allegedly showing up drunk to practice has some wondering: Should…
DetailsCalifornia’s Private Attorney General Act (PAGA) allows a private citizen to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency, provided the formal notice and waiting procedures of the law are followed. In the employment context, this means that employees are provided with a private right of action against…
DetailsIt’s October, and while it doesn’t feel like fall in Southern California, it is the time of the year for office Halloween parties. Some offices choose to avoid potential legal issues by skipping holiday parties altogether, including Halloween parties. However, some more festive employers look at Halloween and other holidays as an opportunity for team-building.…
DetailsCalifornia’s new Fair Pay Act, which became law on Tuesday, October 6, is posed to be a litigation game-changer for companies that do business in California. Signed into law by Governor Jerry Brown, the Act is intended to “strengthen” the state’s existing equal-pay law by forbidding employers from paying employees less than their opposite-sex counterparts…
DetailsWorkers’ Comp Executive recently studied the issue of whether or not the Division of Workers’ Compensation is biased against RPNA client Electronic Waveform Labs, maker of the H-Wave electronic stimulation device. According to the article, the dispute stems from the proposed update of the Medical Treatment Utilization Schedule’s chronic pain guidelines and the development of…
DetailsNicholas Roxborough spoke at the CWC & Risk Conference at the St. Regis Monarch Beach hotel in Dana Point on October 1. More than 1,500 risk management professionals convene to learn from industry experts about cost containment solutions for employers, identify best practices, and network. The highly interactive session, titled “Employers, Brokers, Attorneys and TPAs–Saving…
DetailsNew x-mod formulas have been approved and employers should be focusing on limiting the number vs. cost of claims. Changes are afoot in how experience modifications are going to be calculated. An experience modification or “X-Mod” is a percentage calculated by the Workers’ Compensation Insurance Rating Bureau (“WCIRB”) based on an employer’s payroll, number of…
DetailsA self insured employer is one who self insures their workers’ compensation liabilities. If you are one such employer, you are not alone: California has the largest workers’ compensation self insurance program in the nation. As of January 1, 2014, nearly 10,000 California employers were actively self insured. Employers may choose to self insure their…
DetailsIf you are considering buying or selling a business, you’ll want to be familiar with potential legal issues that may arise, including valuation, how the transaction will occur, allocation and taxes, and more. Consulting with a business attorney well-versed in these matters is a smart first step. As you begin to consider a sale or…
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