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
Summer 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.
In Silicon Beach and throughout Los Angeles, offering meals to employees is becoming the norm. And not just any meals, but gourmet meals that cater to carnivores and vegans alike. While employees are thrilled, employers may be starting to look at their bottom line and question how long they can afford such a luxury. Perhaps…
With the seemingly endless claims surrounding employee misclassification (think Uber, Lyft, and the now out-of-business HomeJoy), many employers are understandably cautious about how they classify their workers. Unfortunately, there is no single test that enables an employer to quickly or easily determine whether an individual can/should be hired as an independent contractor/consultant/freelancer or as an…
Many employers incorrectly assume that if an employee is salaried (paid a flat amount rather than an hourly wage and not subject to partial-day or partial-week deductions), that employee is exempt from overtime. Unfortunately, and perhaps not surprisingly, this is not always the case. Generally speaking, being paid on a “salary basis” is a prerequisite…
Whistleblowers, who are individuals who report a person or organization engaged in an allegedly illicit activity, are protected from workplace retaliation under a number of federal and state laws, including the Occupational Safety and Health Act (OSHA), Sarbanes-Oxley and Dodd-Frank, the Clean Air Act, the California Whistleblower Protection Act, and many others. In other words,…
As we discussed at length in this post, this year we will see substantial changes to FEHA that will affect business owners across the country, including in California. To get specific, FEHA’s new regulations set forth that, as of April 1, 2016, employers must have anti-discrimination and harassment policies that: · Are in writing. · …
Retaliation in the workplace, whether imagined or not, continues to account for almost half of all employment claims filed with the EEOC. Last year, in 2015, 44.5% of the charges filed were for retaliation. In other words, a majority of disgruntled employees claim not that they were discriminated against, but that they received adverse treatment…
In our technologically-driven world, many California employers have the ability to monitor their employees’ whereabouts through the use of GPS – but does that mean they should? GPS tracking has been a reality for several years. Through the use of GPS devices in vehicles, employers have been able to keep track of their employees’ locations…