Tag Archives: CFRA

California Extends Paid Family Leave from 6 Weeks to 8 Weeks

Beginning on July 1, 2020, California will extend the maximum duration of Paid Family Leave (PFL) benefits from six weeks to eight weeks. Individuals may receive benefits from California’s state disability insurance (SDI) program: To care for a seriously ill child, spouse, parent, grandparent, grandchild, sibling, or domestic partner. To bond with a minor child within … Continue Reading

California Court of Appeal Expands FEHA’s Reasonable Accommodation Requirements to Employees Who are Associated with a Person with Disabilities

In Castro-Ramirez v. Dependable Highway Express, Inc., decided April 4, 2016, the California Court of Appeal for the Second Appellate District held California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees who are associated with a person with disabilities. Plaintiff Luis Castro-Ramirez’s son was in need of a kidney transplant, required … Continue Reading

What California Retail Employers Need to Know About Accommodating Pregnancy

Navigating the California laws on discrimination and accommodation of pregnant employees is a significant challenge for retail employers. The Golden State’s protections for pregnant employees are many and they differ from those of federal law and of other states. Pregnancy Disability Leave Law Under the Pregnancy Disability Leave Law, which applies to employers with at … Continue Reading

New California Family Rights Act Regulations Become Effective July 1

Amendments to the California Family Rights Act (“CFRA”) regulations, going into effect on July 1, 2015, are meant to clarify a number of uncertainties, align the CFRA regulations more closely with the federal Family and Medical Leave Act (“FMLA”) regulations (where the laws are consistent), and ensure employers and employees have a clear understanding of … Continue Reading

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 … Continue Reading

It’s Time to Consider Updating Your Pregnancy Disability Leave Policies

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 … Continue Reading

California Court of Appeal Rejects Honest Belief Defense Involving CFRA Claims

On November 13, 2012, the California Court of Appeal expressly rejected the viability of the “honest belief” defense in Richey v. Autonation, Inc.  In Richey, an employer terminated an employee who was on California Family Rights Act (“CFRA”) leave because, during that leave, the employee was allegedly working at a restaurant he owned.  Shortly thereafter, … Continue Reading

Recent Developments Involving Systemic Discrimination

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 … Continue Reading
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