If you have ever reviewed a severance agreement on behalf of an employee, you have likely come across a series of acronyms like ADEA, ADA, ADAA, GINA, FMLA, WARN, OWBPA and ERISA, just to name a few. That agreement likely required the employee to release all of these claims, and many others, in exchange for some consideration. But did you
Wells Fargo has come under immense pressure not only publicly, but politically and legally, for its scheme that caused over two million accounts to be opened in customers’ names without their consent. If you haven’t read about this, Wells Fargo had institutional goals and incentives in place that paid its retail banking employees substantial bonuses for opening new customer accounts.
The Department of Labor Occupational Safety and Health Administration (OSHA), issued new rules requiring employers to electronically submit injury and illness data to be posted to OSHA’s website. Under these rules, employers must establish a reasonable procedure for reporting this data, in a way that does not deter or discourage employees from disclosing work-related injuries and illnesses. This requirement axiomatically
“Take just a few more minutes and a little closer look at what you come across in your day-to-day. It could be the next big, ‘stupid’ idea.” There’s no such thing as a stupid idea … or, as I like to say, “No judgments during brainstorming.” In the world of class actions, one well-executed idea can make an entire career.
During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical
In Kilby v. CVS Pharmacy, the California Supreme Court attempted to clarify the meaning of the “suitable seating” requirement in the Division of Labor Standards Enforcement wage orders. It specifically states that, “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court decided Kilby in response to
Recent headlines showcase a large number of combined pay-related and gender discrimination lawsuits. One of these was brought by a group of former female employees against Merck and Co., one of the largest U.S. pharmaceutical companies in the world. Last month, the former employees brought a $250 million lawsuit alleging violations of the Equal Pay Act and that the employer
So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and
Our country has continued to change the traditional workplace with fewer manufacturing, trade and skilled labor jobs and more customer service-oriented, medical and virtual office jobs requiring travel as part of the employment. Workers are commuting more, blurring the lines of when work begins and ends, leading employers and employees to seek guidance as to what is considered a compensable
Whistleblowing continues to be one of the fastest growing and grossing areas of law. In addition to the financial incentive for whistleblowers, laws are constantly added to fuel the field’s meteoric growth. In 2015, the U.S. Justice Department reported that it settled False Claims Act (FCA) cases with over 450 hospitals for more than $250 million related to improper billing
If you have ever reviewed a severance agreement on behalf of an employee, you have likely come across a series of acronyms like ADEA, ADA, ADAA, GINA, FMLA, WARN, OWBPA and ERISA, just to name a few. That agreement likely required the employee to release all of these claims, and many others, in exchange for some consideration. But did you
Wells Fargo has come under immense pressure not only publicly, but politically and legally, for its scheme that caused over two million accounts to be opened in customers’ names without their consent. If you haven’t read about this, Wells Fargo had institutional goals and incentives in place that paid its retail banking employees substantial bonuses for opening new customer accounts.
The Department of Labor Occupational Safety and Health Administration (OSHA), issued new rules requiring employers to electronically submit injury and illness data to be posted to OSHA’s website. Under these rules, employers must establish a reasonable procedure for reporting this data, in a way that does not deter or discourage employees from disclosing work-related injuries and illnesses. This requirement axiomatically
“Take just a few more minutes and a little closer look at what you come across in your day-to-day. It could be the next big, ‘stupid’ idea.” There’s no such thing as a stupid idea … or, as I like to say, “No judgments during brainstorming.” In the world of class actions, one well-executed idea can make an entire career.
During this election season, the fact that the United States is the only developed country without paid family and medical leave has been a talking point for more than one candidate. Yet the prospect of mandatory paid leave can seem a bit daunting for employers who are still struggling to curb unpaid leave abuse. It’s undeniable that the Family Medical
In Kilby v. CVS Pharmacy, the California Supreme Court attempted to clarify the meaning of the “suitable seating” requirement in the Division of Labor Standards Enforcement wage orders. It specifically states that, “All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court decided Kilby in response to
Recent headlines showcase a large number of combined pay-related and gender discrimination lawsuits. One of these was brought by a group of former female employees against Merck and Co., one of the largest U.S. pharmaceutical companies in the world. Last month, the former employees brought a $250 million lawsuit alleging violations of the Equal Pay Act and that the employer
So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and
Our country has continued to change the traditional workplace with fewer manufacturing, trade and skilled labor jobs and more customer service-oriented, medical and virtual office jobs requiring travel as part of the employment. Workers are commuting more, blurring the lines of when work begins and ends, leading employers and employees to seek guidance as to what is considered a compensable
Whistleblowing continues to be one of the fastest growing and grossing areas of law. In addition to the financial incentive for whistleblowers, laws are constantly added to fuel the field’s meteoric growth. In 2015, the U.S. Justice Department reported that it settled False Claims Act (FCA) cases with over 450 hospitals for more than $250 million related to improper billing
