More Bad News for Employers and Arbitration Provisions

by Michelle Ferber and Traci Holian On Monday, August 22, 2016, in a 2-1 decision, the Ninth Circuit, in Morris v. Ernst & Young, LLP, invalidated an arbitration agreement provision which barred employees from filing class actions relating to wages, hours, and employment terms and conditions. The Ninth Circuit based its ruling on the grounds that the arbitration provision violated

OSHA Announces New Workplace Injury Reporting and Anti-Retaliation Regulations

by Michelle Ferber and Ben McDonald The Occupational Safety & Health Administration (“OSHA”) has always required employers to document and retain records of workplace injuries and illnesses.  Beginning January 1, 2017, however, large employers and employers in certain high-risk industries will be required to electronically submit those records to OSHA which will then make that information publicly accessible.  While OSHA

A Move Towards Mandating Gender Neutral Restroom Facilities

by Michelle Ferber and Brooke Barnum This past Monday, May 9, 2016, the California State Assembly passed a Bill in a 55-19 vote that would require single-user restrooms to be designated as “gender neutral.” The Bill, AB 1732, is drafted to apply to all business establishments, public and government buildings. A single use restroom is defined by the Bill as

California Takes Aim at Sex-Based Wage Disparities

by Michelle Ferber and Ben McDonald Arguably the most protective and demanding equal pay law in the country, the California Fair Pay Act of 2015 (“the New Act”) took effect on January 1, 2016 and offers California employees unprecedented protections against sex-based wage differentials.  While California has had equal pay laws on the books for more than sixty years, women

Alert: The EEOC Reminds Employers of Employee Restroom Access Rights

by Michelle Ferber and Ben McDonald The United States Equal Employment Opportunity Commission (EEOC) has issued guidance to American employers with regard to bathroom access for transgender employees.  Since 2012, the EEOC has held that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964.  Title VII prohibits discrimination regardless

California Supreme Court Takes a Stand on Seating Requirements in Employment

by Michelle Ferber and Ben McDonald Earlier this month, the California Supreme Court issued guidance regarding a lesser known labor requirement that California employers provide employees with suitable seating under certain circumstances.  Found in nearly all of California’s Wage Orders, this requirement has been given new life by the court’s recent analysis and now demands the attention of nearly all