Posted in Appeals, Civil rights in the workplace, Employee Rights, News on June 28, 2014
Yesterday, the California Supreme Court decided Salas v. Sierra Chemical Co., affirming that the protections of California employment law are available to undocumented immigrants. In 2002, the California Legislature enacted Senate Bill 1818 in response to the U.S. Supreme Court’s decision in Hoffman Plastic Compounds, Inc. v. NLRB limiting the ability of undocumented employees fired
... read more.Posted in Employee Rights, Medical and Sick Leave, News on June 25, 2014
When employees are diagnosed with serious illnesses or injuries, they often need to take time off to seek treatment and recover. If the employee’s condition qualifies as a disability under the American Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA), then an employer may be required to provide the employee with
... read more.Posted in Civil rights in the workplace, Employee Rights, Employer Rights, News on June 20, 2014
California PFL In 2004, California’s Paid Family Leave (PFL) law took effect. This law provides wage replacement benefits from the state disability insurance program for employees who take a leave of absence to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a minor child within one year of
... read more.Posted in Civil Rights, Civil rights in the workplace, Employee Rights, Employment Law on June 17, 2014
This year marks the thirtieth anniversary of the bestselling pregnancy manual What to Expect When You’re Expecting. The most recent edition of What to Expect includes some general information about the legal rights of pregnant employees under federal law alongside practical advice about how to tell your boss you are pregnant and tips for staying safe and healthy on
... read more.Posted in Employee Rights, Employer Rights, News on June 11, 2014
“We don’t really investigate FMLA violations.” This was the candid message that an investigator with the U.S. Department of Labor shared with me last year, in explaining that wage and hour violations, not violations of the Family Medical Leave Act, were the agency’s priority. But change is coming, and fast. As FMLA Insights reported in
... read more.Posted in Case Updates, News on June 10, 2014
Laguna v. Coverall North America, Inc. (Ninth Circuit) What It’s About: Over an objection and the dissent of Judge Chen, this Ninth Circuit majority opinion approved the pre-certification class settlement of misclassification claims, as well as claims related to the franchise agreements between the defendant janitorial franchising company and its franchisees. The decision held that
... read more.Posted in Civil Rights, Employee Rights, Employment Law on June 5, 2014
Telecommuting as Disability Accommodation? When Yahoo! CEO Marisa Mayer implemented a ban on telecommuting at the company in 2013, the initial backlash seemed to focus primarily on her taking a step that would most harm those for whom she had served as a role model – working mothers in Silicon Valley. After stepping into the
... read more.Posted in Case Updates, News on June 2, 2014
Duran v. U.S. Bank National Association What It’s About: In a much-anticipated decision, the California Supreme Court struck down a $15 million trial court verdict obtained on behalf of employees who claimed they were misclassified as overtime-exempt, due to the trial court’s “flawed implementation of sampling,” which did not permit the defendant to present its
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