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…
DetailsIt is time to carefully review arbitration agreements and class action waivers. A few days ago the California Supreme Court delivered its highly anticipated ruling in the Sandquist v. Lebo Automotive case on the issue of whether it is the court or the arbitrator who decides whether an employment law case can proceed as a…
DetailsMany 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…
DetailsEmployers 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…
DetailsAn 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…
DetailsIn 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…
DetailsIn a recent Workers’ Comp Executive article, RPNA co-managing partner Nick Roxborough was asked to comment on California Insurance Commissioner Dave Jones’ decision regarding Applied Underwriters’ EquityComp Program. Roxborough said he wouldn’t be surprised if Applied Underwriters’ certificate is eventually pulled stating that the decision “effectively kills the program in California as it exists now.” The RPA (reinsurance participation…
DetailsWith 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
DetailsThe topic of bathroom use by transgender individuals is a hot one, and that includes in the realm of employment law. Indeed, the California Fair Employment and Housing Council (FEHC) is in the process of drafting new regulations that define employment practices which constitute discrimination against transgender applicants and employees. As an employer in California,…
DetailsSummer has arrived and for many California employers, that means summer internships. Internships can be a benefit to both the student and the employer, but if not approached properly, can land the employer in legal hot water. Do we have to pay our company’s summer intern? Maybe.
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