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re you sick of sick leave yet? Beginning on January 1, 2017, the new paid sick leave provisions under Santa Monica City’s recently adopted Minimum Wage and Sick Leave law will go into effect. Since our California Workplace Law Blog article first outlined key provisions of the law, the ordinance was amended later this
California Supreme Court Denies Review of Castro-Ramirez Decision — California Employers Must Consider Leave Accommodation for Employees Caring for Disabled Family Members
We previously reported that the California Court of Appeal for the Second Appellate District held that an employer’s denial of accommodation to a nondisabled employee may serve as evidence of association discrimination under the California Fair Employment and Housing Act. Castro Ramirez v. Dependable Highway Express, Inc. (2016) 2 Cal. App. 5th 1028. In Castro
What Am I Doing Wrong? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the third in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Failing to restore an employee returning from FMLA leave to an
60 Minutes Goes Prime Time with ADA Drive By Lawsuits
In case you missed it, on December 4, 2016, the popular news program 60 Minutes aired a story on the alarming growing number of ADA drive-by lawsuits filed against businesses. A transcript of the story is provided here. Title III of the ADA requires places of public accommodation, such as restaurants, banks, movie theaters
CA Revives Former DJ’s Disability and Leave Claims Against Univision Radio
What 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
Seven States Pass New Marijuana Laws on Election Day
Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with recreational marijuana laws. Arizona’s proposed recreational marijuana law did not pass. Read the full article on Jackson
What Am I Doing Wrong?? Common FMLA Mistakes.
What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the second in a monthly series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not recognizing employee notice of the need for FMLA leave.
Recognizing
What Am I Doing Wrong?? Common FMLA Mistakes
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. Over the upcoming months, we are going to highlight some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Being too restrictive on what constitutes a serious health condition.
California Governor Vetoes Parental Leave Bill Which Would Have Expanded Such Leave to Small Employers
The 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
Federal Court Simultaneously Rejects and Upholds EEOC’s Positions on Wellness Programs – Rejects Employer’s ADA “Safe Harbor” Defense
In a much anticipated decision, a Wisconsin federal district court has granted Orion Energy Systems, Inc.’s summary judgment on the EEOC’s challenge to its wellness program design. See Sept 19, 2016 Decision and Order. While largely good news for Orion, the ruling creates even more confusion for employers seeking clarity on wellness program design principles.