The Ninth Circuit recently found unenforceable a class (or “collective”) action waiver requiring employees to arbitrate their claims individually. In other words, requiring class action waivers as a condition of hire or continued employment violates the National Labor Relations Act (NLRA). The NLRA applies to both unionized and many private, non-unionized workforces and protects covered…
California has been home to many a class action lawsuit surrounding meal and rest breaks, both before and after the state Supreme Court’s crucial 2012 decision in Brinker Restaurant Corp. v. Superior Court. Consequently, California employers have a sharp interest in making their break policies and practices as compliant as possible. The Basic Rest Break…
In a win for employers throughout California and across the country, a recent court decision shows that an “honest belief” continues to be an effective defense for employers responding to employment discrimination claims. In an employment law context, the “honest belief” rule focuses on what a decision-maker honestly believed the facts to be and whether…
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors. Many businesses survive on their ability to keep their trade secrets, well, secret. For this reason,…
It’s political season and everyone seems to have something to say, including (not surprisingly) the Equal Employment Opportunity Commission (EEOC). According to the EEOC, wearing a hat that states “Don’t Tread on Me” to work could potentially be a form of racial harassment. The phrase comes from the Gadsden flag, which is a historical American…
Many business owners feel as though operating within the City of Los Angeles is not an easy task and, unfortunately, the City has recently made it even more challenging. As of July 1, 2016, employers covered by both the California Healthy Workplaces, Healthy Families Act of 2014 (more on that here) and the City Ordinances…
Employers in California must be increasingly cognizant of the Americans with Disabilities Act (ADA) as it applies to employees and prospective employees. Title 1 of the Act specifically prohibits employers with 15 or more employees from discriminating against workers who have a disability. An individual with a disability is a person who: · Has a…
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…
In 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…
With 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