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CaliforniaWhat is a disability? And when are employers on notice to provide employees leave?  These were some of the questions raised in the California Court of Appeals (Second Appellate District) November 15, 2016 decision, Soria v. Univision Radio Los Angeles, Inc.

Sofia Soria, a former DJ at Univision Radio Los Angeles Inc. (“Univision”), filed suit against Univision, primarily alleging disability discrimination, failure to accommodate disability, failure to engage in the interactive process under the California Fair Employment and Housing Act (“FEHA”) and interference with California Family Rights Act (“CFRA”) rights. Soria was diagnosed with a potentially cancerous stomach tumor in late 2010. In late 2011, she allegedly gave multiple notices of her condition to Univision and missed some work due to medical appointments. In December 2011, after Soria allegedly told her supervisor that she may need surgery, she was terminated.

The lower court granted summary judgment in favor of Univision, but the California Court of Appeals (the “Court”) disagreed, finding there were factual disputes which the Court could not resolve. Some of the key disability and leave related findings include:Continue Reading CA Revives Former DJ’s Disability and Leave Claims Against Univision Radio

On Election Day, voters in Arizona and Washington approved measures requiring employers in their respective states to provide paid sick leave and requiring employers to raise the minimum wage. They join the PSL states of California, Connecticut, Massachusetts, Oregon, and Vermont and an ever growing patchwork of cities and counties.
Continue Reading Arizona and Washington Join The PSL Patchwork

The U.S. Department of Labor (DOL) is looking to collect data from employers and employees regarding their respective “need for” and “experience with” the Family and Medical Leave Act (FMLA).  The data collection period is expected to occur in 2017 and 2018.  From employees, the survey will seek information regarding “use of leave, need for…

The final regulations for Executive Order 13706 (“Paid Sick Leave for Workers on Federal Contracts”) were published September 30, 2016.  Under the Executive Order and final regulations, paid sick leave obligations will begin with new solicitations and contracts beginning January 1, 2017.

Do you know if your organization is covered and if so, do you…

CaliforniaThe DOL’s final rule on paid sick leave was not the only news-making event in the world of leave management last Friday.  While additional time off was being lauded by the federal government, additional protected leave was rejected in California. 

On Friday September 30, 2016, California’s Governor Brown vetoed SB 654 (Jackson), the New Parent Leave Act.  The Senate Bill would have created a new protected leave of absence for employers with 20 or more employees within a 75-mile radius in California.   The vetoed bill would have added an additional 6 weeks of “parental leave” to bond with a new child within one year of the child’s birth, adoption, or foster care placement leave, thus creating a potential total of over 5 months of protected leave for certain California employees.  The bill also would have prohibited employers from refusing to maintain and pay for coverage under a group health plan for an employee who takes the additional parental leave.
Continue Reading California Governor Vetoes Parental Leave Bill Which Would Have Expanded Such Leave to Small Employers

On the eve of the end of its fiscal year, the U.S. Department of Labor has announced final rules implementing Executive Order 13706 requiring that covered federal contractors provide paid sick leave for covered employees.

Scheduled for official publication tomorrow in the federal register, the rules require federal contractors to provide at least 1 hour…

We have been reporting on the growing patchwork of paid sick leave laws now for over 3 years.  The patchwork continues to fill in heavily on the west coast with state laws in both California and Oregon and 10 city ordinances scattered across California, Oregon and Washington.  This summer Los Angeles and San Diego added …