The Labor and Employment Law Blog : Labor & Employment Lawyer & Attorney : Weintraub Genshlea Chediak Tobin & Tobin Law Firm : Sacramento California : Labor & Employment Law Blog

By: Brendan J. Begley

Making California the seventh state in the country to enact such a law, Gov. Jerry Brown signed Assembly Bill 22 on October 9, 2011. As reported here in a post dated August 18, 2011, this law bars most employers (except certain financial institutions) from using pre-employment credit checks in the hiring process. It remains to be seen if Occupy Sacramento or Occupy Wall Street protesters will decry the exemption in this law as yet another example of government showing undue favoritism to the financial sector. Either way, prudent employers who wish to perform or commission credit checks of employees or job applicants should consult legal counsel so as to avoid costly lawsuits.
 

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By: Brendan J. Begley

A supervisor’s failure to return calls from an employee on family or medical leave may support a retaliation claim against an employer under the federal Family and Medical Leave Act (“FMLA”).  Liability under such circumstances can exist, a federal court in Pennsylvania recently ruled, even if the employer has provided the employee with an appropriate amount of leave.  Although from a distant locale and as yet untested by an appellate court, the decision from the court in Pennsylvania confirms that employers in the Golden State should strive to keep open the lines of communication with and to return calls from employees who are on family or medical leave – especially since there is so much overlap between the FMLA and the California Family Rights Act.  

The employee in the Pennsylvania case, Hofferica v. St. Mary Medical Center, No. 10-6026 (E.D. Pa. Sept. 20, 2011), was a registered nurse who started working for the employer in June 2005.  Her doctor diagnosed her with a disease that causes hearing loss, tinnitus, and vertigo in March 2008.  Shortly after that diagnosis, the nurse applied for a year of intermittent medical leave, which the employer pre-approved.  The nurse had to undergo a series of surgeries to treat her condition, which led her to take full-blown medical leave starting in September 2008.  Her anticipated return-to-work date was November 6, 2008.

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By: James Kachmar

Last month, we told you about a bill, SB 459, that was awaiting the Governor’s signature. SB 459 would penalize employers who willfully misclassify employees as independent contractors. See alert at http://www.thelelawblog.com/2011/09/articles/new-legislation-and-regulation/legislative-alert-employee-misclassification-bill-sent-to-governor/.

On Sunday, October 9, 2011, Governor Brown signed SB 459 into law. As we advised last month, employers are encouraged to review their classifications of employee/independent contractors and consult legal counsel, if necessary, to avoid incurring civil penalties and/or costly litigation as a result of the enactment of SB 459.

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By: Alden J. Parker

Steve Jobs has passed away, leaving many iMourners beside themselves today. His legacy has touched many aspects of everyone’s lives, from the way they now conduct business on a tablet, to the way they remember what groceries to get, to the amount of overtime people are owed ....WHAT!?! How did that last bit get in there?

Our blog is not just satisfied mentioning Jobs passing, finding a candle app on our iPad and holding it above our heads. We must look at the lasting impact the iphone, ipad, and other electronic devices have on wage & hour law in the workplace.

As a harsh reminder of the impact technology is having on wage & hour law, recently Chicago police Sgt. Jeffrey Allen filed a class action against the City of Chicago claiming iOT. Allen is suing the City of Chicago on behalf of himself and others, seeking pay for time spent dealing with work-related phone calls, voice mails, emails, text messages and work orders via BlackBerry devices and similar "personal digital assistants." The officer alleges these activities entitle the group to overtime compensation under the federal Fair Labor Standards Act (FLSA).
 

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