Posts in Leaves of Absence.
01.11.2018

Effective January 1, 2018, benefits under Paid Family Leave (“PFL”) and State Disability Insurance (“SDI”) increased for all income levels and the seven-day waiting period for PFL was eliminated.

11.16.2017

A California jury returned a verdict in favor of Dollar Tree Stores, Inc. last week, finding that the discount retailer’s practice of printing employee paystubs on cash register receipts did not violate California law requiring employers to provide accurate wage statements to employees.  Guillen v. Dollar Tree Stores Inc., case number 2:15-cv-03813, (U.S. District Court for the Central District of ...

Tags: Inc.
09.21.2017

On September 15, 2017, the 2017 California legislative session ended, with several employment-related bills being sent to the Governor’s desk.  The Governor has until October 15, 2017 to sign or veto bills passed by the Legislature.  Below is a quick summary of key bills that may be signed and become effective in the upcoming year:

  • AB 168 prohibits employers from asking applicants about their salary history ...
08.23.2017

Last year Governor Jerry Brown signed AB 2337, requiring employers to provide employees with a notice regarding the availability of domestic violence victim leave. The notice must be provided to new hires and other employees upon request.  The notice requirement took effect July 1, 2017, with the California Division of Labor Standards Enforcement (“DLSE” otherwise known as the Labor Commissioner ...

02.03.2017

On January 13, the California Court of Appeal issued a decision in favor of an employee of San Diego Miramar College who was released for “job abandonment” while out on medical leave. The court reversed the trial court’s judgment in favor of the College, holding a reasonable fact-finder could conclude the College retaliated against the employee for taking medical leave protected under the California ...

04.29.2016

On April 27, 2016, the federal Department of Labor (“DOL”) released an updated Family Medical Leave Act (“FMLA”) poster.

In general, the FMLA requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave to employees to care for the employee’s serious health condition or a serious health condition of a family member.  The FMLA requires such employers to post a notice regarding ...

Tags: Poster
12.10.2015

The California Department of Industrial Relations (“DIR”) is reminding employers in the state that they are required to notify workers about the new law that mandates paid sick leave. [Notice to Employers]

The DIR notice reminds employers that all employers were required to post a notice about the new law in a conspicuous place at the work site by January 1, 2015.

Employers were also required to provide ...

06.25.2015

With eight days remaining before major provisions of California’s sick leave law become effective, the California Legislature continues to tinker with clean up legislation.  On June 22, 2015 the California Assembly amended and passed Assembly Bill 304 (Gonzalez) (“AB-304”), by a vote of 69-0.  AB-304 now goes to the California Senate for consideration.

AB-304 would make significant changes to the ...

03.19.2015

On February 23, 2015 the Department of Labor (“DOL”) announced it will revise regulations defining spouse under the Family Medical Leave Act (“FMLA”) to recognize same-sex marriages regardless of state of residence.  These changes will take effect on March 27, 2015.

The change comes in response to the United States Supreme Court’s decision in United States v. Windsor issued on June 26, 2013.  In a ...

Tags: CFRA, FMLA
02.26.2015

On January 21, 2015, the California Court of Appeal held that the City of Santa Monica (the “City”) did not fail to reasonably accommodate an employee, Tony Nealy, where Nealy was unable to perform the essential functions of the job and there were no alternate positions for which Nealy was qualified.  Nealy v. City of Santa Monica, (California Ct App 02/13/2015).  The court also found that the City did not have ...

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