Class Action Update: Arbitration Clauses Cannot Bar Claims for Public Injunctive Relief

Business, Drew Pomerance, RPNA Blog

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…

California Supreme Court: Public Employees’ Work-Related Texts and Emails on Private Devices are “Public Records”

Business, Drew Pomerance, RPNA Blog

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…

San Fernando Valley Business Journal Features RPNA’s Supreme Court Win

Drew Pomerance, RPNA In The News

RPNA’s $89 million judgment in a landmark class action employment suit was highlighted in the February 6, 2017 issue of San Fernando Valley Business Journal. The article discusses the impact of the 5-2 decision—which was argued in front of the California Supreme Court by RPNA partners Drew Pomerance and Michael Adreani—on how California employers approach meal and rest breaks. Specifically, it clarifies and sets…

Tracking Employees Offline

Blog, Business, Drew Pomerance

Thanks to technology, employers are essentially now able to track an employee’s every move. Whether it be on the internet, on sales routes, or in a production center, technological advancements have made it easy to monitor an employee’s movements in ways that could only be imagined a couple of decades ago. As we have discussed…

Is An Employer Responsible for Offering an Accommodation if an Employee Does Not Ask?

Blog, Business, Drew Pomerance

Most California employers seem to be cognizant of their legal responsibility to implement, if not vigorously consider, reasonable disability accommodations when an employee submits a related request. According to the EEOC, a reasonable accommodation is “any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an…