In Salas v. Sierra Chemical Co., No. S196568 (Cal. June 26, 2014), the California Supreme Court has ruled that federal immigration law did not preempt California law extending employee protections and remedies “regardless of immigration status,” except to the extent it authorized damages for any period after the employer’s discovery of an employee’s ineligibility
Disability and Leave
Fitness-for-Duty Exam Permitted under Federal FMLA after Employee Restored to Job, California Court Rules
By Mark S. Askanas on
An employer did not violate the federal Family and Medical Leave Act by requiring an employee to undergo a fitness-for-duty evaluation after it had restored her to her position following a medical leave of absence for psychological issues, the California Court of Appeal has ruled. White v. County of Los Angeles, No. B243471 (Cal.…
Organ Donor’s Association-Disability Discrimination Claim Can Proceed, California Court Rules
Timing is not everything. In Rope v. Auto-Chlor of Washington System of Washington, Inc., the employer fired an employee for purported performance reasons on December 30, 2010 – two days before California’s Michelle Malkin Donor Protection Act became effective. The timing was significant because when the employee was hired in October of 2010, he…
New Bill Expands Scope of Paid Family Leave Law
By A. Scott Ruygrok on
Posted in Disability and Leave, Legal Articles
On September 24, 2013, California Governor Jerry Brown signed into law a bill that expands the application of the Family Temporary Disability Insurance program beginning on July 1, 2014. Family Temporary Disability Insurance is also known as Paid Family Leave. Paid Family Leave is a paid benefit provided by California Employment Development Department (“CA EDD”)…