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:
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…
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.…
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…
Workers’ Comp Executive recently reached out to Nicholas Roxborough to comment on the new cease and desist order signed by California Insurance Commissioner Dave Jones, barring Applied Underwriters from selling its EquityComp program in California. Roxborough told Workers’ Comp Executive that, “the Order provides additional evidence that Applied has engaged in wrongdoing. It provides exquisite foundational evidence for existing lawsuits,…
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,…