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Employment Law

How OSHA’s New Regulations Impact Post-Accident Drug Testing

Sarah Moore December 9, 2016

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

There’s No Such Thing as a Stupid Idea

Nicole Fiorelli September 28, 2016

“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.

10 Ways Employers Can Curb Intermittent FMLA Leave Abuse

Melissa Dials September 28, 2016

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

Suitable Seating

Daniel Ho August 31, 2016

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

The Fair Pay Act and Related Wage Laws Within California’s Entertainment Industry

Stephen Danz July 13, 2016

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

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

Stephen Danz June 11, 2016

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

The Challenge of Virtual Offices

Angela Hardway April 20, 2016

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

Top Whistleblower Protections & Impact on California’s Employment Landscape

Stephen Danz April 1, 2016

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

Flaws in Workers’ Compensation System

Cindy Kobal February 9, 2016

There are many flaws in the workers’ compensation system. These flaws can egregiously harm the injured worker physically, financially and emotionally. The news and TV seem to focus on the bad injured workers who have committed fraud or abused the system. The truth is that those injured workers do not represent the average workers’ compensation claimant. Those are the rare

Workers’ Compensation & Social Security Payment Effects

Erin Schmidt January 4, 2016

For many workers’ compensation clients, their injuries lead them to also apply for Social Security disability. Later, most are upset to find out that some or even all of their Social Security benefits are offset by their workers’ compensation payments (some states offset workers’ compensation benefits, others Social Security). The windfall provision, under the Social Security Act (SSA), allows for

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

Stephen Danz June 11, 2016

Employment Law

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