Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more
An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more
Most California employers are keenly aware that California’s Pregnancy Disability Leave Law (“PDLL”) requires an employer to allow an employee disabled by pregnancy, childbirth, or a related medical condition, to take a leave...more
In This Issue: - Pregnancy Disability Leave in California: What Should Employers Be Expecting?: Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the...more
As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations addressing employers’ obligations and employees’...more
As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable...more
Recent California case law and new regulations stress the importance of the employer's duty to engage in the interactive process with disabled workers who require accommodation. Now more than ever, it is important for...more
In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more
In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more
Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more
Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more
Sanchez v. Swissport, Inc., No. B237761 (February 21, 2013): A California Court of Appeal recently held that an employer may have to offer additional leave under the Fair Employment and Housing Act (FEHA) as a reasonable...more
A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more
Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more
An employee brought a lawsuit against her employer claiming disability discrimination after she was terminated from her employment. The United States Court of Appeals for the Ninth Circuit held that the employee could not...more
In December, the Fair Employment and Housing Commission approved an overhaul of California's disability discrimination regulations as one of its last acts before being replaced by the Fair Employment and Housing Council on...more
In Lawler v. Montblac North American LLC, the plaintiff, Cynthia Lawler, a store manager at a boutique retail store, was diagnosed with psoriatic arthritis. Lawler initiated the action after Defendant employer terminated her...more
In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more
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