On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the requirement that employees be relieved of all duties during rest periods. The bill went into effect immediately and will remain in effect until … Continue Reading
California Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation. Under preexisting California Labor Code section 1031, an employer was required to make available a private location, other than a toilet stall, for an employee to express milk for an infant child, and provide employees with … Continue Reading
Under the Family Medical Leave Act, eligible employees are entitled to take time off for due to a “qualifying exigency” arising from the deployment of the employee’s spouse, parent, or child for active military duty to a foreign country. Examples of “qualifying exigencies” include attendance at military events, making childcare arrangements arising from a military … Continue Reading
If passed, California Senate Bill 937: Lactation Accommodation, will require employers to provide a lactation room, or location, in close proximity to the employee’s work space, and it must include prescribed features such as access to a sink and refrigerator. SB 937 also would deem denial of reasonable break time or adequate space to express … Continue Reading
Just three years after the enactment of California’s paid sick leave law under the Healthy Workplace Healthy Family Act of 2014 (AB 1522), a new bill has been introduced seeking to increase the amount of sick leave employers must provide employees under California law. The bill, AB 2841, was introduced on February 16, 2018, by … Continue Reading
California employers can breathe a sigh of relief in light of a recent decision from the Southern District Court of California. In Ruiz v. ParadigmWorks Group, Inc., the Court held that an employer is not required to extend an employee’s “multi-month” medical leave of absence where the employee is totally disabled and cannot provide a … Continue Reading
Although both medicinal and now recreational consumption of marijuana have been legalized in California, this legalization did not impact an employer’s right to discipline or even terminate employees for marijuana use. That could change for medical marijuana users if a bill pending before the California legislature becomes law. To read the rest of this article, … Continue Reading
With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be in compliance with these new laws—many of which will go into effect on January 1: To read more please visit this article at our Disability, … Continue Reading
On October 12, 2017, Governor Brown approved a new law that will expand parental leave benefits to employers with 20 or more employees. The new law will take effect on January 1, 2018. Currently, employers with 50 or more employees are required to grant up to 12-weeks of unpaid leave to eligible employees who request … Continue Reading
The New Parent Leave Act has made it to Governor Jerry Brown’s desk awaiting his signature or veto. Learn more about the bill and the effect it would have on employers if signed at our Disability, Leave & Health Management Blog.… Continue Reading
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
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
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
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
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
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
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
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
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
Paid sick leave can be scary! Click here to read the full article on how employers can protect themselves at our Disability, Leave & Heath Management Blog.… Continue Reading
Beginning January 1, 2017, employers with 50 or more employees who have employees in San Francisco will need to begin providing payments to eligible employees who take time off to bond with a newborn child. Employers with 35 or more employees become subject to the ordinance on July 1, 2017 and employers with 20 or … Continue Reading
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 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
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
