Archives: Disability and Leave

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California Issues New Domestic Violence, Sexual Assault, Stalking Notice

As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic violence, sexual assault, or stalking. AB 2337, signed by Governor Jerry Brown in September 2016, expanded employer notice requirements. Employers must inform … Continue Reading

Employer’s Enforcement of Its Call-In Policy Was Reasonable Vis-à-Vis a Disabled Employee

Employers frequently struggle with enforcement of call-in and job abandonment policies when there has been a lack of communication by a disabled employee. Click here to read more about a recent ruling related to this matter and find out how it impacts employers at our Disability, Leave & Heath Management Blog.… Continue Reading

10 Strategies for Limiting FMLA/CFRA Abuse

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provides for overlapping, as well as separate leaves of absences. The administration of these leaves can be confusing and time-consuming.  Employees are becoming more sophisticated in abusing the system and many companies feel it is a problem they are helpless … Continue Reading

An Employee Fails to Return from Leave As Originally Scheduled—Has That Employee “Voluntarily Resigned”?

The California Court of Appeal has issued a new ruling that reminds employers to scrutinize all communications received from employees about their leaves and their own attempts at follow-up before considering an employee to be, “voluntarily resigned.” Click here to read the full article about this ruling on our Disability, Leave & Heath Management Blog.  … Continue Reading

California Supreme Court Denies Review of Castro-Ramirez Decision — California Employers Must Consider Leave Accommodation for Employees Caring for Disabled Family Members

In Castro Ramirez v. Dependable Highway Express, Inc., the employee alleged that he was terminated from employment after he made complaints about changes to his work schedule which impacted his ability to be at home during his disabled son’s dialysis treatments. On the surface, this seemed like a claim for reasonable accommodation (i.e., a modified … Continue Reading

CA Revives Former DJ’s Disability and Leave Claims Against Univision Radio

What is a disability under the Fair Employment and Housing Act? When are employers on notice to provide employees leave under the California Family Rights Act?  These were some of the questions addressed in the California Court of Appeals (Second Appellate District) November 15, 2016 decision, Soria v. Univision Radio Los Angeles, Inc.  Click here … Continue Reading

Soto v. Motel 6 Operating, L.P.: Employees’ Wage Statements Need Not Include Accrued Vacation Time Prior to Termination

All California employers should know by now that if they have a paid vacation policy, the vacation benefits constitute a form of “wages” under California law. (See Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103; Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 784.)  California employers are also likely readily familiar … Continue Reading

California Supreme Court Asked to Consider Associational Disability Discrimination Case

On October 7, 2016, Dependable Highway Express filed a petition asking the California Supreme Court to review a decision to allow a non-disabled employee to pursue his claim of association based disability discrimination. Click here to read the full article and implications of the case at our Disability, Leave & Heath Management Blog.… Continue Reading

Complimentary Webinar Series: California Legal Update

The California employment law landscape is ever-evolving. Watch a recording of our California Legal Update Webinar Series to learn about the latest changes and how they affect employers. California Legislative Update This presentation covers employment laws that have been enacted in California over the last year and proposed bills that, if passed, will affect California … Continue Reading

California Court of Appeal Finds Employer’s Denial of Accommodation to a Nondisabled Employee May Be Evidence of an Associational Disability Discrimination Claim

On August 29, 2016, the California Court of Appeal for the Second Appellate District reversed summary judgment earlier awarded to the employer in Castro-Ramirez v. Dependable Highway Express, Inc. In its reversal, the court found that an employer’s denial of accommodation to a nondisabled employee may be evidence of associational disability discrimination under the Fair … Continue Reading

Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave

Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave Employers in the City of Los Angeles will need to review their current minimum wage and paid sick leave policies to ensure they comply with the new City ordinance increasing the minimum wage and extending paid sick leave … Continue Reading

Employee Who Failed to Provide Additional Doctor Notes to Support New Restrictions May Still Survive Summary Judgment

Last week, in Thomsen v. Georgia-Pacific Corrugated, LLC, a federal district court in California held that an employer might have violated its obligations under California’s Fair Employment and Housing Act (“FEHA”) when it simply told an employee to return to his doctor to obtain a note outlining additional work restrictions.   The Court held that a … Continue Reading

Los Angeles City Council Votes to Expand Paid Sick Leave

The Los Angeles City Council voted 13-1 in favor of a proposed ordinance that would permit Los Angeles workers to earn at least six paid sick leave days annually. The new paid sick leave entitlement would double the mandatory minimum under California’s statewide paid sick leave law. The proposed ordinance, which still needs to be … Continue Reading

California Court of Appeal Expands FEHA’s Reasonable Accommodation Requirements to Employees Who are Associated with a Person with Disabilities

In Castro-Ramirez v. Dependable Highway Express, Inc., decided April 4, 2016, the California Court of Appeal for the Second Appellate District held California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees who are associated with a person with disabilities. Plaintiff Luis Castro-Ramirez’s son was in need of a kidney transplant, required … Continue Reading

Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws

California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016, although its provisions will not be implemented until July 1, 2016. The … Continue Reading

What California Retail Employers Need to Know About Accommodating Pregnancy

Navigating the California laws on discrimination and accommodation of pregnant employees is a significant challenge for retail employers. The Golden State’s protections for pregnant employees are many and they differ from those of federal law and of other states. Pregnancy Disability Leave Law Under the Pregnancy Disability Leave Law, which applies to employers with at … Continue Reading

An Employee’s Request for a Disability or Religious Accommodation Is Considered Protected Activity Under Change to the Fair Employment and Housing Act

Effective January 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons is considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act (“FEHA”).… Continue Reading

Top 10 Mistakes to Avoid During the Reasonable Accommodation Process

The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) both require employers to make reasonable accommodations for qualified individuals with disabilities, provided that the accommodations do not impose an “undue hardship” on the employer. By definition, a reasonable accommodation is any modification or adjustment to a job, to an employee’s … Continue Reading

DLSE Issues First Bit of Guidance on New Paid Sick Leave Law

As California employers are aware, the Healthy Workplaces, Healthy Families Act of 2014 (Labor Code section 245, et seq.) went into effect this year. Under the Act, employers may choose between granting sick leave under an “up-front” method or an accrual method. Employers are permitted to offer more sick leave than the Act requires, but … Continue Reading
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