Gabrielle's litigation practice with emphases on complex employment litigation and class actions including sexual harassment, race, age, sex and disability discrimination, wrongful discharge, wage and hour, unfair competition, WARN Act, misappropriation of trade secrets, alter ego and invasion of privacy.
Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal right to sit down. Should management take a stand?
Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program. Can we require employees to complete a health risk assessment which requests personal medical information before they are eligible to participate in the health plan? I’ve heard that asking for employee medical information, even if it’s pursuant to a wellness program, could violate the Americans with Disabilities Act.
Question: We have our electronic handbook and arbitration agreement online, and all employees sign both electronically. I saw a news blurb that a California court last year refused to enforce an arbitration agreement that was electronically signed. Can’t we use electronic signatures in California?
My company manufactures food products and is thus regulated by the Food and Drug Administration (FDA). Last month, we terminated an employee because of his chronic poor performance. I just learned that the day before he was terminated, the employee told his supervisor that he believed our company was not complying with the FDA’s nutrition label requirements. Are we at risk that he will bring a whistleblower claim?
Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be considering? Answer→
We are a California employer. After all the publicity surrounding class actions over meal and break periods, we instituted automatic warnings if employees take too long or too short a meal or rest break. Is anyone really enforcing this kind of discipline or are we wasting our time? Answer→
Dorsey’s L&E lawyers work closely with clients to avoid and defend against litigation, develop effective workplace policies and procedures, protect intellectual property, support corporate decisions affecting the workplace, and counsel on traditional labor law matters. Click here for more information.