Labor & Employment Law Blog

On August 15, 2014, California Governor Jerry Brown signed Senate Bill 1034 (“SB 1034”), which, effective January 1, 2015, repeals the 60-day waiting period limit imposed on certain health insurance plans in California.  2012 legislation, Assembly Bill 1083 (“AB 1083”), imposed a 60-day waiting period limit effective in 2014, which conflicted with the federal Affordable Care Act’s ...

On June 30, 2014, the United States Supreme Court ruled that closely held for-profit corporations may object to the Affordable Care Act (“ACA”) mandate to offer health insurance with access to certain contraceptive methods under the Religious Freedom Restoration Act (“RFRA”).  In a 5-4 decision, the Court found that corporations are protected under the RFRA, as an extension of the protection of the ...

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The United States Treasury Department issued much anticipated final regulations on the Affordable Care Act’s (“ACA”) employer shared responsibility provision on Monday, February 10, 2014. The final regulations’ major impact will be to delay the employer mandate for employers between 50 to 99 employees to 2016. Employers with 100 or more employees will be required to offer health insurance to ...

On September 24, 2013, California Governor Jerry Brown signed into law Senate Bill (SB) 770, which expands California’s Paid Family Leave Program as of July 1, 2014.

How does SB 770 expand California’s Paid Family Leave Program?

The Paid Family Leave Program is a component of the State Disability Insurance Program, which is state-mandated and funded by employee payroll deductions. California’s Paid ...

In California, employers are required to have workplace postings regarding employee rights and responsibilities under the Fair Employment and Housing Act which are produced by the Department of Fair Employment and Housing (“DFEH”). California recently updated three of these mandatory DFEH posters as a result of revisions to state law that went into effect on January 1, 2013.

Specifically, the DFEH ...

Many employers require employees to acknowledge in writing the employee’s receipt of a notice or memorandum of discipline when workplace discipline is imposed. In Paratransit, Inc. v. Unemployment Insurance Appeals Board, the California Court of Appeal held: (1) it is lawful for an employer to require an employee to sign such an acknowledgement, (2) an employee’s refusal to sign such an acknowledgement form when lawfully presented to the employee is “misconduct” as that term is defined in Unemployment Insurance Code section 1256, and (3) such “misconduct” is grounds for denying unemployment insurance benefits to an employee who is terminated for refusing to sign a discipline acknowledgement form lawfully presented to him or to her.