Courts deal yet another blow to the enforcement of employment-related arbitration agreements and class-action waivers in what is looking to be a growing trend. In Rittmann v. Amazon.com, Inc., the Court of Appeals for the Ninth Circuit found that local Amazon delivery drivers were not subject to the Federal Arbitration Act (FAA). The FAA was…
In these uncertain times, businesses are being forced to consider drastic measures to weather the current economic crisis, including potential reductions in the workforce. However, businesses need to be aware of their obligations under both the federal and California Worker Adjustment and Retraining Notification (WARN) Act prior to implementing any mass layoff, relocation, or termination…
Support for AB 5 and its “ABC test” aimed at classifying more workers as employees rather than independent contractors appears to be growing due to the Coronavirus pandemic. The federal, state and local government restriction on businesses and mobility have vastly limited the availability of work. Independent contractors, who are not entitled to unemployment benefits…
RPNA is at the forefront of protecting employers from all aspects concerning the workers compensation program. However, when Governor Gavin Newsom proposed an $18 billion budget, a little noticed provision also included millions of dollars more for the Department of Industrial Relations (“DIR”). It is obvious that California employers can expect more investigations of worker…
In the recent case of NEW PRIME INC. v. OLIVEIRA, the United States Supreme Court carved out an important exception to the rule that arbitration agreements are typically enforceable to prevent employees from bringing actions in court, when it ruled unanimously that workers engaged in interstate commerce can avoid arbitration agreements and have their grievances…
New California law requires that all employers of five or more employees must provide one hour of sexual harassment and abusive conduct prevention training to non-managerial employees and two hours of sexual harassment and abusive conduct prevention training to managerial employees once every two years. Prior law only required training of supervisory employees. Under the…
For many businesses, intellectual property is the glue that holds the company together. These assets provide financial – and job – security for many. With this in mind it’s a wonder that so many companies do not have invention assignments in place.
On September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The proposed rule states that a separate entity will be considered a joint employer “only if the two employers share or codetermine the…
In order to attract the best and the brightest, many companies are offering exceptionally generous perks and benefits, often targeted toward working parents. With the option to spend time at home with your newborn an attractive lure, companies are pitching a range of paid leave options to new parents, including pay for bonding time, medical…
The Court’s answer remains unclear and the potential impact to California Employers can be enormous. As you are certainly aware by now, last Spring the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court, which community leaders view as a sea change for California business. No one who does business with independent contractors…