RPNA Partner Drew Pomerance is scheduled to speak on August 29, 2017 at the California HR Conference (CAHR) in Long Beach. As one of the principal attorneys in the landmark Supreme Court decision in Augustus v. ABM, he will be exploring the impact of this ruling on rest break requirements and clarify employers’ obligations to…
Generally speaking, joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities. A benefit of the increasingly popular employment practice is the ease with which joint employers are often able to hire experts in niche industries, individuals with specialist skills, and/or even replace their…
California’s “Day of Rest” statute continues to plague employers, but a recent case brings with it some good news. Under California Labor Code section 550-558.1, an employer is prohibited “from ‘caus[ing] his employees to work more than six days in seven” unless “the total hours of employment do not exceed 30 hours in any week.”[1]…
Employers, beware: New regulations expand existing transgender protections under California’s Fair Employment and Housing Act (FEHA). FEHA protects individuals who identify as transgender and provides protections on the basis of both gender identity and gender expression — regardless of the person’s assigned sex at birth. California law also specifically protects an employee’s right to appear…
Prior to AB 2337, a law that expands the rights of certain employees, victims of domestic violence, sexual assault, and stalking were protected if: their employers retaliated against them, they took time off, they requested reimbursement for lost wages and work benefits, or sought equitable relief from the Division of Labor Standards Enforcement as it…
Drew Pomerance was named by the Los Angeles and San Francisco Daily Journals as one of the top labor & employment lawyers in California. More than 175 lawyers, judges, and in-house counsel from around the state attended the special reception held at The Montage in Beverly Hills on July 18 to honor those selected for…
Are non-compete agreements truly a thing of the past in California? It seems that the California Supreme Court would like employers to think so. After all, in 2008 the Court brought down the hammer on these covenants not to compete (a clause under which one party (usually an employee) agrees not to enter into or…
These days, it seems that Uber can’t stay out of the news. From wage and hour claims (were drivers being misclassified as independent contractors instead of employees? Read more on the distinction between the two here) to vicious assaults (by both drivers and passengers), the ride-sharing app has had its time in the limelight.
With the 50th anniversary of the enactment of the Age Discrimination in Employment Act (ADEA) on the horizon, the Equal Employment Opportunity Commission (EEOC) is focusing on the issue of age discrimination in the workplace. Age discrimination involves treating an applicant or employee less favorably because of his or her age and the ADEA “forbids…
Decision shows employers and excess carriers are on same footing in TPA claims mishandling RPNA won a significant claims mishandling case on behalf of Swiss Re, one of the world’s leading providers of reinsurance. After a three week trial, the superior court ruled that Sedgwick TPA Specialty Risk Services (SRS) committed seven distinct acts of…