Pregnancy

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

My Pregnant Girlfriend's Mother Needs a Ride to the Doctor. Is That FMLA?

by Jo Ellen Whitney | Davis Brown Law Firm on 5/1/2013

Last week, during the firm’s Annual Employment Law Seminar, we offered a session on complex issues under the FMLA. The session made two things totally clear....more

Dealing with miscarriage after a car accident

by Demas Law Group on 4/23/2013

A miscarriage can be one of the most physically and emotionally traumatic events in a woman’s life. When that miscarriage is caused by someone else’s negligence in operating a car, the pain and suffering can be even more...more

Employment Law Newsletter: April 2013

by Mandy Arjmand, Laura Flynn, J. Stephanie Krmpotic, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 4/17/2013

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

Drafting Embryo Transfer Contracts for Cattle Producers

by Cari Rincker on 4/7/2013

This outline was prepared for the Texas Bar Agriculture Law Conference to be held in Lubbock, Texas in May 2013. It gives an overview of the typical transaction between cattle producers concerning embryo transfer and gives...more

Employment Law Commentary -- Volume 25, Issue 3 -- March 2013

by Aurora Kaiser | Morrison & Foerster LLP on 3/29/2013

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

"Bumpy" Road Ahead: A Prudent Employer's Guide To Pregnancy Discrimination Laws

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 3/1/2013

When an employee announces her pregnancy, a prudent employer should proceed cautiously because a bumpy road lies ahead as legislators and policymakers at the state and federal level push for greater protection for pregnant...more

Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

by Margaret Gillespie | Littler on 2/28/2013

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,...more

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

by Pat Gillette, Aubry Holland, Kristen Jacoby | Orrick - Global Employment Law Group on 2/27/2013

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

by Michael Newman | Barger & Wolen on 2/26/2013

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

No, Pregnancy Discrimination Is Not Legal In Florida (Despite What You May Have Read)

by Richard D. Tuschman | Akerman Senterfitt on 2/26/2013

I just read an article entitled "Florida lawmakers look to end discrimination against expecting mothers." Posted on the website of a Fox News affiliate, the article begins by stating...more

California Supreme Court Issues Mixed Decision in Mixed-Motive FEHA Employment Discrimination Case

by James W. Michalski | Holland & Knight LLP on 2/26/2013

The California Supreme Court's recent decision in a closely watched Fair Employment and Housing Act (FEHA) case should be of interest to employers around the country, even though — or perhaps because — it does not provide an...more

California Supreme Court Eliminates Damages in FEHA Discrimination Cases Where Employer Proves Mixed Motive Defense

by Byron Lau, Lena Ryan | Orrick - Global Employment Law Group on 2/25/2013

Earlier this month, the California Supreme Court issued a ruling clarifying details of the “mixed-motive” defense applicable to discrimination claims under the California Fair Employment and Housing Act (“FEHA”). Harris v....more

February 2013 U.S. Labor and Employment Update

by Alan Berkowitz, Jennifer Burdick, J. Ian Downes, Linda Dwoskin, Kate Ericsson, Thomas Johnson, Melissa Squire | Dechert LLP on 2/22/2013

In This Issue: - Supreme Court to Address “Changing Clothes” under the FLSA - First Appellate Court Decision on FLSA’s Nursing Mother Provision - Courts Continue Trend in Favor of Class Waivers in Arbitration...more

California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist…

by Jacquelyn Ferry | Proskauer - California Employment Law on 2/22/2013

Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy in violation of the prohibition against sex discrimination under the Fair Employment and Housing Act...more

California Supreme Court's "Mixed Motive" Ruling May Have Major Impact on Fair Employment and Housing Claims

by Fisher & Phillips LLP on 2/12/2013

On February 7, 2013 the California Supreme Court, in a unanimous decision, affirmed that backpay and reinstatement are not available remedies for a plaintiff under the Fair Employment and Housing Act (“FEHA”) when an employer...more

2013 Updates to the FEHA California Pregnancy Regulations

by Sarah Armstrong Coats, Joe Liburt, Liana Rabinovitch, Tracy Scheidtmann | Orrick - Global Employment Law Group on 1/24/2013

Amendments to California’s pregnancy regulations became effective on December 30, 2012, creating many new responsibilities for employers. While employers should take note of all of the amended regulations, some of the most...more

Ensuring Compliance With California’s Revised Pregnancy Disability Leave Regulations

by Marc Koonin | Sedgwick LLP on 1/23/2013

California recently adopted the most sweeping changes to the regulations implementing its pregnancy disability leave (PDL) law in 17 years. These changes, which became effective on December 30, 2012, significantly impact the...more

Fenwick Employment Brief - January 2013

by Dan Ko Obuhanych, Michael A. Sands | Fenwick & West LLP on 1/17/2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

Changes to FEHA Pregnancy Regulations

by Keith Watts | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2013

New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which applies to employers with...more

Zoloft Use During First Trimester of Pregnancy Can Increase Risk of Birth Defects

by Hissey Kientz LLP on 1/8/2013

Use of the selective serotonin reuptake inhibitor (SSRI) antidepressant Zoloft during the first trimester of pregnancy can increase a child’s risk of being born with serious heart defects or other birth defects. ...more

California’s New Pregnancy Disability Regulations: What Every Employer Should Know

by Charles Thompson, IV | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

In March 2012, the California Fair Employment and Housing Commission (FEHC) proposed new and amended regulations addressing employers’ obligations and employees’ rights and responsibilities regarding pregnancy under the...more

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

by Michelle Barrett | Littler on 1/7/2013

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

New California Disability Regulations to Become Effective December 30

by Morgan Lewis on 12/28/2012

California employers should take action promptly to ensure compliance with new state disability and pregnancy disability regulations. On December 26, California's Office of Administrative Law approved new disability...more

California Rings In 2013 With New Employment Laws

by Michelle Brauer Abidoye | FordHarrison on 12/28/2012

After the Mayans failed to predict the end of the world on December 21, 2012, it became apparent that California employers would have to comply with a string of new laws that take effect on January 1, 2013. Here is a summary...more

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