On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”). The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the EEOC’s… Continue Reading
Category Archives: Disability Discrimination
Subscribe to Disability Discrimination RSS FeedPull up a Chair: California Supreme Court Weighs in on Suitable Seating
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & HourTo sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer. Even that’s a stretch. Pull up a seat and I will explain. To help it resolve two class actions involving California Wage… Continue Reading
Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and RegulationsBy: Labor and Employment Group Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable “oversharers” on your friends list (we all have them). She was just terminated from her… Continue Reading
DFEH Releases New Guidance Regarding Transgender Employees
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and RegulationsThe Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act (“FEHA”). Since 2012, FEHA protection has been extended to include gender identity and gender expression categories, and defines “gender expression” to mean a “person’s gender-related… Continue Reading
Happy New Year (to California Employees)
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourThe year-end holidays tend to be a time when employers and employees are either winding down for the year or making one last big push to close the year strongly. California employers should make time this week, though, to ensure they are ready for the new laws which will take effect in California this Friday… Continue Reading
Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourWeintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com
California Governor Signs A Bevy Of Employment Laws, Vetoes A Few Others
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourBy: Vida L. Thomas The 2014/2015 California legislative session may go down as one of the most productive in the state’s history, in terms of legislation passed and signed into law. According to the Associated Press, Governor Brown signed 808 bills, and vetoed 133 others. Lest employers worry that they were left out of the… Continue Reading
The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourWhen people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind…….. Employer Handbook Season! Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel,… Continue Reading
Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and RegulationsJoining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA. The court therefore affirmed the district court’s summary judgment on the employee’s disability discrimination claim…. Continue Reading
Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations, Wage & HourThis bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim. Under this bill, the Government Code is… Continue Reading
EEOC Weighs in on Employer Wellness Programs
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Labor Law, New Legislation and Regulations, Wage & HourEmployer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale and productivity. But are these programs compliant with the ADA and other federal laws? The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued proposed regulations that… Continue Reading
U.S. Supreme Court Issues Decision in Young v. UPS
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, Wage & HourThe United State Supreme Court issued its much anticipated decision in the case of Young v. UPS on March 24, 2015. As of now, Young’s pregnancy discrimination claim remains alive and well. Below is a summary of the court’s ruling: Factual and Procedural Background. Young was a part-time driver for UPS. When she became pregnant,… Continue Reading
Upcoming Seminar: Well Trained Supervisors – Your First Line of Defense
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourSummary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace. Untrained supervisors can… Continue Reading
Upcoming Seminars: Employment Law Update
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour2014 – A Year in Review 2015 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015. Sacramento Date: January 8, 2015 Time: 9:00 a.m…. Continue Reading
Weintraub Tobin’s 2015 Labor & Employment Seminar and Training Schedule
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourNOW AVAILABLE – Weintraub Tobin’s 2015 Labor and Employment Seminar and Training Schedule. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 rcarrillo@weintraub.com
Upcoming Seminar: Employment Law Update
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour2014 – A Year in Review 2015 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015. Sacramento Date: January 8, 2015 Time: 9:00 a.m…. Continue Reading
SEAC Seminar: Untrained Supervisors – The Employer’s Achilles Heel II
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourSupervisors are an employer’s first line of defense against claims and lawsuits. A well-trained supervisor can lower an employer’s risk of being involved in litigation and set the stage for the successful defense of claims that do arise. In addition, a well-trained supervisor is critical to creating and promoting a happy, productive work environment for… Continue Reading
Upcoming Seminar: The World of Accommodations – Disabled Employees and Customers
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and RegulationsSummary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability, medical condition or a condition present on property owned by the business and open to the public. It is important for business owners to… Continue Reading
Weintraub Tobin Announces the Addition of Vida L. Thomas to Our Labor & Employment Team
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & HourThe Labor and Employment Law group is proud to announce the addition of Vida L. Thomas to our team. An AV-rated attorney who has practiced employment law for over 20 years, Vida has recently joined Weintraub Tobin as Of Counsel and will head up the Firm’s workplace investigations unit. She began her career at Kronick… Continue Reading
EEOC Issues Updated Guidance Regarding Pregnant Employees Discusses Employer’s Obligation to Accommodate and Not Discriminate
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, New Legislation and RegulationsOn July 14, 2014 the EEOC issued its updated “Enforcement Guidance on Pregnancy Discrimination and Related Issues” (“Guidance”). The stated purpose of the Guidance is to provide information regarding the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”) as they apply to pregnant employees. In addition to the new Guidance, the EEOC… Continue Reading
Upcoming Seminar (Orange County): Think You’re Up On The Current Laws? April Fools!
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Uncategorized, Wage & HourSummary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014. Program Highlights New Federal and State Legislation and Regulatory Requirements Updates in the World of Harassment, Discrimination and Retaliation Law… Continue Reading
Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourHot off the print press – Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available. Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco). Seating is limited so register early to reserve your spot. Please contact… Continue Reading
Court Holds Volunteer is NOT an Employee under FEHA
Posted in Disability Discrimination, Discrimination, Labor LawBy: Chelcey E. Lieber In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the City… Continue Reading
THE EEOC IS “OFF TO THE GINA RACES”
Posted in Disability Discrimination, Labor LawJUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION By: Lizbeth V. West, Esq. The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center… Continue Reading
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