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:
Employment policies continue to be closely scrutinized by the National Labor Relations Board (NLRB) and certain policies seem to be receiving particular attention. Not surprisingly, some of these policies relate to social media. A somewhat new area in the employment world, the role of social media is just being carved out in the courts and…
DetailsIt was a chance meeting at a UC Berkeley dorm forty years ago that eventually led partners Nick Roxborough and Drew Pomerance to establish their own law firm, what is known today as Roxborough, Pomerance, Nye & Adreani LLP (RPNA). Few law firms are founded on friendships and fewer sustain a solid forty-year relationship. It was for this reason,…
DetailsThe 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…
DetailsMany 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…
DetailsOn Saturday, November 12, 2016, attorney Drew E. Pomerance will be speaking at the prestigious California Attorneys Association of California’s annual conference. Mr. Pomerance is the managing partner of the well-respected Los Angeles law firm Roxborogh Pomerance Nye & Adreani. He recently argued one of the firm’s seminal cases before the California Supreme Court. Mr.…
DetailsAs 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.…
DetailsThe 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…
DetailsCalifornia 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…
DetailsIn 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…
Details