Disability and Leave

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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…

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 reasonable jury could find that the employer was obligated to do more than tell the Plaintiff to go back to his physician and get a new doctor’s note, especially because evidence suggested it would have been possible to respond to some of Plaintiff’s concerns without a new doctor’s note.

The Facts

Plaintiff worked as a cut-and-die operator at a corrugated container plant. In May 2012, Plaintiff injured his shoulder at work, went on workers’ compensation leave, and returned to work eight months later after undergoing surgery on his left shoulder.
Continue Reading Employee Who Failed to Provide Additional Doctor Notes to Support New Restrictions May Still Survive Summary Judgment

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 drafted by the City Attorney’s Office before final approval, would take effect July 1, 2016. Businesses with 25 employees or fewer would have an additional year to comply with the new requirement.

In general, an employee would be entitled to the paid sick leave if, on or after July 1, 2016, the employee works in the City of Los Angeles for the same employer for 30 days or more within a year.  
Continue Reading Los Angeles City Council Votes to Expand Paid Sick Leave

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 daily dialysis, and Ramirez was the only member of his family capable of operating the dialysis machine.  Ramirez drove a delivery truck for Dependable Highway Express, Inc. (DHE).  When he began his employment in 2010, he informed his supervisor that he needed to be assigned schedules that would permit him to be home in the evening to administer his son’s dialysis. 
Continue Reading California Court of Appeal Expands FEHA’s Reasonable Accommodation Requirements to Employees Who are Associated with a Person with Disabilities

In 2004, California enacted the nation’s first paid family leave program, offering up to six weeks of paid leave to workers who need to care for a new baby or an ill family member.  The program was financed through disability insurance taxes paid by employees through payroll withholdings.  The 2004 program paid 55 percent of the employee’s wages, up to a set maximum of about $1,100 per week.
Continue Reading Governor Brown Expands Paid Family-leave Benefits

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 City Council authorized the City Manager to establish a working group to review and recommend technical adjustments to the adopted Ordinance.

We discuss key provisions below.

Minimum Wage Rates for Non-Hotel Sector Employees

Employers with at least 26 covered employees shall pay no less than the following hourly wages:

  • July 1, 2016 – $10.50
  • July 1, 2017 – $12.00
  • July 1, 2018 – $13.25
  • July 1, 2019 – $14.25
  • July 1, 2020 – $15.00

Employers with up to 25 employees will have an additional year to satisfy each of these pay rates. Therefore, hourly pay increases for smaller employers will start on July 1, 2017, at $10.50 per hour, reaching $15.00 per hour by July 1, 2021.
Continue Reading Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws

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

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