News & Analysis as of

California Family Rights Act (CFRA)

Can I Get Some Clarification On That Certification? Maybe Not … Differences Between FMLA And CFRA

by Jackson Lewis P.C. on

Under the Family and Medical Leave Act (“FMLA”), an employer is permitted to contact an employee’s healthcare provider, with the employee’s permission, to clarify a medical certification submitted in support of the employee’s...more

San Francisco-Peculiarities: The City’s Ultra-Unique Employment Landscape

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As if high rent and California’s peculiar laws were not enough to worry about, San Francisco employers must also comply with City-specific ordinances. Trailblazing City requirements often exceed state laws...more

Asking Enough But Not Too Much: Medical Certifications For Leaves Of Absence Under The FMLA And CFRA

by Jackson Lewis P.C. on

The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the...more

Negotiating the Maze of Overlapping Leave Laws

by Payne & Fears on

Our experienced employment lawyers review major federal and California laws regarding employee leaves of absence and how they impact employers in 2017 and beyond. Topics include: • Creating a checklist for handling requests...more

Hot List – What’s Happening in the California Legislature 6/12-6/16

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

A Primer On Substituting Paid Leave For Unpaid Disability Leave Under Federal And California Law

by Jackson Lewis P.C. on

Among the many questions California employers face when navigating the ins and outs of various disability leave laws is under what circumstances an employee may choose or be required to utilize paid time off for an otherwise...more

10 Strategies for Limiting FMLA/CFRA Abuse

by Jackson Lewis P.C. on

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provides for overlapping, as well as separate leaves of absences. The administration of these leaves can be confusing and...more

2018: California Employment Laws on the Horizon

Are you finally caught up on all of the new California laws taking effect in 2017? Then begin preparing for 2018 because the California legislature has been busy drafting another set of employment related laws. Here is a...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

What Am I Doing Wrong? Common FMLA Mistakes – the California Edition

by Jackson Lewis P.C. on

“What did I do wrong” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. Employers with operations in California need to worry about both the FMLA and the California Family...more

California Legislative Update: 2017–18 Session Sees Several Employment-Related Bills

The California legislature is off to a quick start with a large number of labor and employment law proposals. Currently, 71 bills propose to amend the California Labor Code, and several additional bills seek to modify...more

An Employee Fails to Return from Leave As Originally Scheduled—Has That Employee “Voluntarily Resigned”?

by Jackson Lewis P.C. on

What are employers to do if an employee has not provided a doctor’s note to continue his or her leave and the initial end date for that leave has passed? When can employers deem such an employee to have “voluntarily...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Employment Law - September 2016 #2

California Appellate Court Moves Associational Disability Claims Forward - Why it matters - Recognizing associational disability claims, a California appellate panel ruled that an employee's claim for disability...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

April 1 Poster Changes for California Employers

by Allen Matkins on

The California Fair Employment and Housing Council, which is responsible for issuing regulations respecting the state's employment discrimination laws, has created a new notice and poster required of California employers as...more

Employment Law Commentary, December 2015

by Morrison & Foerster LLP on

New Year, Revised Handbook - Now that you know all about the new employment laws in California for 2016—see our Employment Law Commentary from last month—it’s time to think about revising your employee handbooks and...more

New California Family Rights Regulations Align With Existing Federal Law

by Ervin Cohen & Jessup LLP on

As we start a new year, employers should check all of their employment practices to make sure they are compliant with current laws and regulations. One of the many changes made in 2016 were comprehensive amendments made by...more

Best in Law: Dealing with Traumatized Workers

by Best Best & Krieger LLP on

All of us in Southern California’s Inland region were touched by the tragedy that unfolded on Dec. 2 in San Bernardino. The effects of the shooting are not limited to the 14 who were killed or the 22 who were injured...more

For California Employers, New Year Brings New Restrictions—Along With a Few Silver Linings

In 2015, the California legislature undoubtedly took aim at employers with piecemeal legislation covering everything from cheerleaders (who are now employees by statute) to gender-based pay differentials—the latter with what...more

Franchisors Operating in California Face New Challenges: The New California Franchise Relations Act

On January 1, 2016, the California Franchise Relations Act (“CFRA”) will be amended resulting in the expansion of franchisee rights when it comes to termination, renewal, and transfer of franchise agreements. The key terms of...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

2015 California Labor and Employment Legislation Update: It’s Final!

by Seyfarth Shaw LLP on

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

by Littler on

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

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