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Jamerson C. Allen

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Jamerson Allen is a Principal in the San Francisco, California, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. He regularly represents and advises clients in a wide variety of employment matters. He is a Co-Chair of the firm's Title III ADA Public Accommodations and California Compliance Teams.

Learn more about Mr. Allen on the Jackson Lewis website.

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A university properly terminated a professor for failing to undergo a fitness-for-duty examination after he had engaged in instances of threatening behavior, the California Court of Appeal has ruled, affirming a judgment in favor of the University of San Francisco on a professor’s alleged disability discrimination claims under the Fair Employment and Housing Act (“FEHA”). Kao v. University of San Francisco, No. A135750 (Cal. Ct. App. Sept. 2, 2014). Significantly, the Court ruled the University was not required to engage in an “interactive process” before requesting the examination because the professor never sought any accommodation for any disability.

Background

John S. Kao was a mathematics professor at the University of San Francisco from 1991 to 2009. Beginning in 2008, Kao engaged in a series of confrontations with co-workers during which he often appeared enraged and threatening. Consequently, his co-workers became concerned for their physical safety. The University investigated, consulting with experts in threat assessment and workplace violence.
Continue Reading Professor’s Refusal to Undergo Fitness-for-Duty Exam Warranted Termination, California Court Rules

Employers with at least 50 full-time employees in the San Francisco Bay Area must offer commuter benefits, such as payments for commuter transit passes made with employees’ pre-tax earnings, to any employee who works at least 20 hours per week no later than September 30, 2014.

Covered employers also must communicate commuter benefits information to employees, designate a commuter benefits coordinator, and register with the Bay Area Commuter Benefits Program (“CBP”). The CBP is a pilot program that will be effective until December 2016. The Bay Area Air Quality Management District (“Air District”) and the Metropolitan Transportation Commission (“MTC”) are authorized to adopt and implement the CBP.

Covered Employers

The CBP applies to all public, private, or nonprofit entities that employ at least 50 full-time employees per week in the San Francisco Bay Area
Continue Reading San Francisco Bay Area Employers Must Provide Commuter Benefits by September 30th

1335488_24491270It may be time to review your company’s employment application and hiring process. The common “Have You Ever Been Convicted of a Felony?” question on employment applications will soon be a thing of the past for many California state and local agencies and private sector employers hiring or recruiting applicants to work within the City and County of San Francisco.

Effective July 1, 2014, state and local government agencies will no longer be permitted to ask a job applicant to disclose, in writing or verbally, if they have been convicted of a crime.
Continue Reading New Ban the Box Restrictions Effective in San Francisco July 1, 2014 and August 13, 2014

There are a number of new California  laws which could impact the workplace. We prepared a chart which lists the major pieces of employment legislation introduced in the California State Senate and Assembly during 2012 that were signed into law by Governor Jerry Brown. All of the bills listed become effective January 1, 2013. Please click…

California Governor Jerry Brown has signed into law a bi-partisan measure that seeks to curb rampant, frivolous Americans with Disabilities Act access lawsuits in the state and expand access to businesses for those with disabilities.  This is good news for California businesses.  The state reportedly has 12 percent of the country’s disabled population, but 40…

Employers are reminded that the procedure by which they enter into arbitration agreements with their employees is as important as the agreement’s language.  A provision in an employment application requiring the applicant, but not the employer, to submit all disputes to arbitration was both procedurally and substantively unconscionable, and therefore unenforceable, the California Court of…

The California Division of Labor Standards Enforcement ("DLSE") has released a Frequently Asked Questions and a form notice that is compliant with the new California Wage Theft Prevention Act of 2011.  Effective January 1, 2012, the Act requires employers to provide many new employees with written notice that details their rates of pay, employer name…

A number of new employment laws signed by California Governor Jerry Brown have made significant changes in California labor and employment law. We suggest employers review their human resources policies and employee handbooks. The new laws are effective January 1, 2012, unless otherwise indicated. We highlight what we believe to be the most significant in California…

California has changed the rules for when an employer may obtain and use credit reports. Effective January 1, 2012, California will impose significant restrictions on an employer’s ability to obtain a credit report for employment purposes. 

California Assembly Bill 22, signed by Governor Jerry Brown, generally permits employers who are seeking to fill only…

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…