Various types of insurance policies have a provision within them that gives the policyholder the right to have an attorney (who is appointed and paid for by the insurance company) represent them in the event that they are named as a defendant in a lawsuit. Read on for 4 ways to improve the odds of…
Today, many businesses use arbitration as a means of resolving claims that arise. Indeed, many California consumer agreements contain arbitration clauses. However, the California Supreme Court recently narrowed the protection of arbitration agreements with class action waivers. Financial services entities and other businesses will be required to review their current contractual provisions to ensure compliance…
According to the California Supreme Court, public employees’ communications about official agency business may be subject to California Public Records Act (CPRA). This extends to communications on personal computers, smartphones, tablets, etc… While this is a case involving a public sector employer and the CPRA, I foresee that it may – and sooner than later…
Employers: Did you know that inside sales commission-based employees must be separately paid for their rest breaks? In another win for employees across the state, a California court recently held that certain employees paid on commission are also covered by the Industrial Welfare Commission (IWC) Wage Order requirement that “rest period time shall be counted…
At the present time, an estimated 7 million employees in California are not offered tax-qualified retirement plans through their employers. Starting Jan. 1, 2017, this is going to change. Under the California Secure Choice Retirement Savings Program (Senate Bill 1234), employers who do not currently offer a tax-qualified retirement plan to employees will be required…
Perhaps in response to some of the questions posed by the media following the election of Donald Trump, the Equal Employment Opportunity Commission (“EEOC”) recently released guidance on national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). As many employers are aware, Title VII applies to any individual employed…
The results are in and we’re taking a look ahead at the potential changes in laws and policies that could impact employers in President-Elect Trump’s new administration. Particularly, we will be closely monitoring:
The use of medical marijuana in the California workplace has been a popular, if not confusing, topic as of late. With conflicting views on medical marijuana usage at the federal and state levels, many employers are understandably perplexed, if not a little nervous, while attempting to walk the fine line between federal law (which continues…
Many California employers are aware that there are limits on the types of questions you can ask job applicants and/or current employees who are interviewing for a new position. For example, it is unlawful to ask a question that could reflect bias based on race, color, age, gender, religion, gender affiliation, or any other protected…
As many California employers know all too well, wage and hour class actions are on the rise. A quick Google search of any combination of the words “California”, “wage and hour” and “class actions” results in thousands of results, a number of them actual cases involving disgruntled employees seeking millions of dollars from their employers.…