Disability and Leave

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An employer did not violate California’s Family Rights Act (“CFRA”) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court has ruled. Richey v. AutoNation Inc., No. S207536 (Cal. Jan. 29, 2015).

The Court said the plaintiff had “no greater right to reinstatement or to other benefits and conditions of employment than if [he] had been continuously employed” during the statutory leave period. The Court also found that, although the arbitrator, who heard the matter and rendered an award in the employer’s favor, may have erred in applying to the CFRA the “honest belief” defense used in cases under the federal Family and Medical Leave Act (“FMLA”), the employee suffered no prejudice because the arbitrator concluded the employer terminated him for violating company policy. This finding was sufficient to uphold the arbitration award, the Court said. (The defense allows employers to avoid liability under the FMLA when the allegedly discriminatory or retaliatory action is based on an honest, but mistaken, belief about an employee’s misconduct.) Accordingly, the Court ruled the Court of Appeal erred in vacating the arbitrator’s award.
Continue Reading Employee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds

The California Division of Labor Standards & Enforcement (“DLSE”) has published additional FAQs regarding California’s new Paid Sick Leave law.  These FAQs, dated January 2015, can be found here.  Below is a summary of the DLSE’s FAQs:

  • The Wage Theft Prevention Act Notice (“Notice”):  The new Paid Sick Leave law is clear that employees hired after January 1, 2015 are to be provided the State’s new Notice pursuant to Cal. Labor Code section 2810.5 at the time of hire.  Linked here is the State’s template Notice.  However, the law is unclear as to whether employers must issue the new notice to employees hired pre-January 1, 2015.  The supplemental FAQs address this issue as follows:
    • If the employer changes or institutes a new Paid Sick Leave policy, then employers must provide to employees hired prior to January 1, 2015 a new Notice within seven days of the change, or alternatively, provide individual notice to such employees using an alternative authorized method.   The FAQs do not specifically address what an authorized alternative method is.
      Continue Reading New California Paid Sick Leave FAQs From the DLSE

In December 2014, the California Court of Appeal (“Court”) found that Morongo Unified School District’s (“School District”) failure to reassign a disabled teacher to her preferred position raised a triable issue of fact.  Swanson v. Morongo Unified School Dist. (Cal. App. Ct. 12/23/14), Case No G050290.  In doing so, the Court reversed the School District’s summary judgment as to the teacher’s disability claims, thereby permitted the claims to proceed to trial.  This ruling addressed employers’ unique and ongoing responsibilities when handling accommodations of disabled employees.
Continue Reading Court Rules School District Should Have Done More to Accommodate Teacher Battling Cancer

This article is originally published on Inside Counsel. View the original here.

California has joined a growing number of jurisdictions mandating employers to provide paid sick leave to their employees, including part-time and temporary workers. Below is a summary of the California law’s key points:

Effective dates

There are two dates to keep in mind: January 1 and July 1.

The employer’s obligation to provide paid sick leave under the law does not take effect until July 1, 2015.

However, on Jan. 1, 2015, covered employers are required to:

Both California and federal disability laws require employers to engage in an “interactive process” discussion with employees who have disabilities about potential accommodations. Employees who are unable to work because of an occupational injury may be considered disabled because “working” is a major life activity under California law.  Many employers are used to having the…

The San Diego City Council passed an Earned Sick Leave and Minimum Wage Ordinance (“Ordinance”) for the City of San Diego earlier this year. The Ordinance was planned to take effect in January 2015 and April 2015 for the minimum wage increase and earned sick leave requirements, respectively. For more information on the Ordinance, please click here.
Continue Reading UPDATE: San Diego Earned Sick Leave and Minimum Wage Ordinance Provisions On Hold, To Go To Popular Vote

In special session on July 14, 2014, the San Diego City Council voted 6-3 in favor of enacting the San Diego Earned Sick Leave and Minimum Wage Ordinance. The ordinance seeks to raise the San Diego minimum wage over the next three years, and mandates that employers within San Diego provide a minimum amount of earned paid sick leave, beyond that required by recently enacted California state law AB 1522 [click here for information regarding the requirements of AB 1522].

Although San Diego Mayor Kevin Faulconer vetoed the ordinance August 8, 2014, the San Diego City Council overrode the veto on August 18.
Continue Reading San Diego Enacts Earned Sick Leave and Minimum Wage Ordinance

With the enactment of the Healthy Workplaces, Healthy Families Act of 2014 (AB1522), California has become the second state in the nation, after Connecticut, to mandate employers provide their employees, including part-time and temporary workers, paid sick leave.

The Act, signed by Governor Jerry Brown on September 10, 2014, requires that  employers, public…

This week the California Legislature returned from its final month-long break of the current legislative session. While the future of several workplace-related bills will be decided in the coming weeks, perhaps none are more significant to California private sector employers than AB 1522.  If passed, AB 1522 creates the “Healthy Families, Healthy Workplaces Act of 2014,” which requires employers to provide paid sick days for an employee who works for thirty (30) or more days in a calendar year.

Similar bills mandating paid sick leave were passed by the Assembly Committee on Judiciary in 2008, 2009, and 2011, but each was subsequently held in suspense in the Appropriations Committees. It is believed that AB 1522  has a greater chance of being passed as it is more limited than its predecessors insofar as it provides employees with a minimum of only 24 hours/three days of paid sick leave rather than the 72 hours/nine days there were provided under the previous three proposals.Continue Reading California Legislature to Decide Mandatory Paid Sick Leave Bill

Last month, the Equal Employment Opportunity Commission (“EEOC”) issued new Enforcement Guidance (“Guidance”) on pregnancy discrimination in the workplace and related issues.  In its first update in over thirty (30) years, the Commission clarified how Title VII and the Americans with Disabilities Act (“ADA”) interact to protect pregnant employees.  If you are an employer in California, you may be thinking, “Great. Another change in the law and now I am stuck with trying to figure out how these changes apply to my business. Now what do I need to do to make sure the policies and procedures in our handbook are up to date?”

The new guidelines prohibit employers from forcing pregnant workers to take leave and acknowledge that “employers may have to provide light duty for pregnant workers.” After childbirth, lactation is now covered as a pregnancy-related medical condition.

Also, it’s not just women who will benefit.  The guidelines say that when it comes to parental leave, “similarly situated” men and women must be treated on the same terms.

Here are some tips to consider when reviewing and updating your handbooks:Continue Reading It’s Time to Consider Updating Your Pregnancy Disability Leave Policies