The DOL’s final rule on paid sick leave is not the only recent news-making event in the world of leave management. While additional time off was being lauded by the federal government, additional protected leave was rejected in California. Click here to read the full article written Susan E. Groff and A. Scott Ruygrok.
California Court of Appeal Finds Employer’s Denial of Accommodation to a Nondisabled Employee May Be Evidence of an Associational Disability Discrimination Claim
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
Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave
Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave
Employers in the City of Los Angeles will need to review their current minimum wage and paid sick leave policies to ensure they comply with the new City ordinance increasing the minimum wage and extending paid sick leave
Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws
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.
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Reasonable Accommodation’s Mandate in Employment Statute Does Not Require Employer to Cut Essential Job Functions
On January 21, 2015, a California Appeals Court affirmed the trial court’s ruling in Nealy v. City of Santa Monica, 2015 Cal. App. LEXIS 139 (February 13, 2015) granting summary judgment for the City of Santa Monica (“City”) on claims of disability discrimination, failure to provide reasonable accommodation, failure to engage in the interactive process, and retaliation by a City employee.
Continue Reading Reasonable Accommodation’s Mandate in Employment Statute Does Not Require Employer to Cut Essential Job Functions
Employee’s Violation of Company Policy Justified Firing While on Leave, California High Court Holds
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.
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No Rest Period Violation for Security Guards On Call during Breaks, California Court Rules
Reversing a trial court’s awarding of a $90 million judgment in a class action case for alleged rest period violations under California law, the California Court of Appeal has ruled that a security company had provided its security guards with proper rest periods, even though they were required to remain “on call” during those breaks.
New California Paid Sick Leave FAQs From the DLSE
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.
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- 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.
California Paid Sick Leave: What You Need to Know for 2015
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:
- Post in a conspicuous place at the workplace a poster containing various requirements under the law. A compliant poster is available on the California’s Division of Labor Standards & Enforcement (“DLSE”) website.
- Issue newly hired nonexempt employees an updated “Notice to Employee” (required under California Labor Code section 2810.5) that includes paid sick leave information. A revised “Notice to Employee” form is available on the DLSE’s website. The law is not clear as to whether current nonexempt employees must be reissued a new “Notice to Employee” after January 1, or if the poster will suffice.
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