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
Disability and Leave
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.
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…
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.
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…
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.
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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…
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.
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
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Calculation of California Paid Sick Leave May Spook Employers
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.