California Department of Fair Employment and Housing (DFEH) Director Phyllis W. Cheng, speaking at the Jackson Lewis LLP-sponsored Association of Corporate Counsel (ACC) Labor and Employment Committee Meeting on Feb. 22, 2011, told the gathering of business lawyers that the agency would continue to pursue high-impact cases of “systemic discrimination” under the Fair Employment and
Legal Articles
The Statute of Limitations for a Fair Employment & Housing Act Claim Begins to Toll When the Right-To-Sue Notice is Issued
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Posted in Legal Articles
As a perquisite to file a civil lawsuit under the California Fair Employment & Housing Act ("FEHA"), a current or former employee must file a charge of discrimination with the Department of Fair Employment and Housing ("DFEH") within one year of the alleged adverse act. Gov’t Code § 12960(c). If the DFEH chooses not to…
Statistical Evidence and Disparate Impact Claims – A Divided Ninth Circuit Rules Regarding Applicable Proof under the ADA and the California FEHA
By Jonathan A. Siegel on
Posted in Legal Articles
A divided panel of judges at the Ninth Circuit held a plaintiff must demonstrate some statistically significant evidence in support of his or her disparate impact claim under the Americans with Disabilities Act and the California Fair Employment and Housing Act, even though such evidence may be very difficult to obtain. Lopez v. Pacific Maritime …
The Ninth Circuit Rules Employers Have the Burden of Proof for Denying Reinstatement after FMLA Leave
By Jonathan A. Siegel on
Posted in Legal Articles
The Ninth Circuit rules that an employer has the burden of proving it had a legitimate reason for not reinstating an employee to her former position after taking a leave pursuant to the federal Family and Medical Leave Act (“FMLA”). The Court also found that the employee need not demonstrate her employer lacked a reasonable…
Explicit Mutual Wage Agreement for Straight Time and Overtime Upheld
By Jonathan A. Siegel on
Posted in Labor Code, Legal Articles
The California Court of Appeals has held that a California employer did not owe overtime to an employee because it had entered into an explicit mutual wage agreement that provided for base compensation and overtime in one lump sum. Arechiga v. Dolores Press, Inc., No. B218171 (Cal. Ct. App. Feb. 7, 2011). Carlos Arechiga…
Julie Su has been appointed Chief of the Division of Labor Standards and Enforcement
By Jonathan A. Siegel on
Posted in Labor Code, Legal Articles
Governor Brown announced that Julie Su has been appointed as head of the California Division of Labor Standards Enforcement.
Here is the text of the announcement from the Governor’s website: “Julie Su, 41, of Cerritos, has been appointed Chief of the Division of Labor Standards and Enforcement. Su has worked at the Asian Pacific Legal Center…
Governor Vetoes Bill Establishing “Mother-Friendly” Workplace Designation
By Jamerson C. Allen on
Posted in Labor Code, Legal Articles
Citing the administrative burden placed on the State Labor Commissioner, Governor Schwarzenegger has announced his veto of Assembly Bill 2468. This bill would have permitted an employer to use the designation “Mother-Friendly Worksite” in its promotional materials, if it submitted its workplace breast-feeding policy to the Labor Commissioner and the Labor Commissioner determined the employer’s…
Can I Fire My Employee Because He Has Been Arrested?
By Jamerson C. Allen on
Posted in Labor Code, Legal Articles
Inquires from a number of companies and recent headlines about arrests of company executives, celebrities and their companions and the resulting fall out, including job loss, raises an issue that many California employers may not be aware of. The state Labor Code prohibits employers from taking adverse action against applicants and employees for an arrest…