Navigating a worker’s compensation claim in California can be challenging, to say the least. It involves a detailed understanding of several statutory schemes and steps along the way. Yet, processing the claim, insurance, and proper documentation can just be the start. Wary employers should carefully consider the labor and employment implications of a worker’s compensation… Continue Reading
Category Archives: FMLA and Other Leaves of Absence
Subscribe to FMLA and Other Leaves of Absence RSS FeedHave You Ever Disagreed With An Employee About How They Should Do Their Work?
Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & HourBeware. Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer. She is a horrible brick layer. You get in constant arguments with her concerning the quality of her brick laying. You say… Continue Reading
Protected Leave For New Parents Now Applies to Mid-Size Employers in California
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have long required large employers with 50 or more employees to provide unpaid job-protected parental leave for employees to bond with a new child. Effective January 1, 2018, the New Parent Leave Act (NPLA) extends similar parental leave requirements to… Continue Reading
California Governor Signs “New Parent Leave Act”
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a new child. When the leave is taken, the employer must guarantee the same… Continue Reading
New Nevada Domestic Violence Leave Law Broader Than FMLA
Posted in FMLA and Other Leaves of AbsenceBeginning January 1, 2018, a Nevada employee who has been employed for at least 90 days and who is a victim of an act of domestic violence or whose family member or household member is a victim of an act of domestic violence (provided the employee is not the perpetrator), is entitled to a maximum… Continue Reading
Top Reasons to Mediate Employment Disputes
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourAs an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation. Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which federal and state laws and court rules mandate the process (and often the outcome), mediation is a voluntary process. Thus, the parties… Continue Reading
Now Available! Weintraub Tobin’s 2017 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 Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain Employees
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces, Healthy Families Act of 2014”) for employees paid by commissions and for exempt employees who also receive an annual bonus. Here is… Continue Reading
DOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your Workplace
Posted in Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsIn July 2016, the federal Department of Labor (DOL) updated two posters that employers are required to post in the workplace. The “Employee Rights under the Fair Labor Standards Act” poster; and The “Employee Rights – Employee Polygraph Protection Act” poster. According to the DOL, every employer subject to the federal Fair Labor Standards Act… Continue Reading
Oh Sh–! The Government is Knocking at Your Door
Posted in 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 & HourSummary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This seminar will include tips on whether, and how to, conduct a self audit; understanding the do’s and… Continue Reading
Fee Limits Ruled Unlawful in Florida Workers’ Comp Cases
Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourIn a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to… Continue Reading
Our Neutral Solutions Team Specializes In Trainings, Mediation, and Workplace Investigations
Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, Wage & HourThe Neutral Solutions Team at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. Conducting independent investigations into complaints of misconduct in the workplace. Mediating employment disputes both pre and… Continue Reading
Upcoming Seminar – Don’t Be Clueless: The Essentials of Workplace Investigations
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, Wage & HourSummary of Program Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit as they discuss the fundamentals of an effective workplace investigation. Program Highlights The duty to investigate Determining who will do the investigation Recognizing your own biases Tips for conducting the investigation Preparation Conducting and documenting witness interviews Analyzing the evidence and making credibility determinations… Continue Reading
THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn 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
Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program. Before explaining the amendments provided for under AB 908, I think it is important to clarify something that is too often misstated in the… Continue Reading
News Flash: San Francisco To Require 6-Weeks Paid Parental Leave
Posted in FMLA and Other Leaves of Absence, New Legislation and Regulations, Wage & HourBy: Darrell P. White On April 5, 2016, the San Francisco Board of Supervisors unanimously passed an ordinance requiring local businesses to effectively provide their employees with six-weeks of fully-paid parental leave. Click here to view. Under existing California law, employees may receive up to 55% of their wages for six weeks through the California’… 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
Upcoming Seminar – Guardians at the Gate: Properly Trained Managers are Your First Line of Defense
Posted in Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Wage & HourMost 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 take actions (or… 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
Employment News Alert: Two Key Employer Victories
Posted in Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourSunday, October 11, 2015 was the deadline for the Governor to act on bills that were passed by the legislature. There were two bills the Governor rejected that are seen as key victories for employers. They are: AB 465 was vetoed. This bill sought to bar mandatory employment arbitration agreements. This would have caused lawsuits… Continue Reading
Labor Commissioner’s First Opinion Letter On California’s New Paid Sick Leave Law
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn August 7, 2015, the California Labor Commissioner issued its first opinion letter on one discrete issue under the California Health Workplaces Healthy Families Act which requires employers to provide paid sick leave to employees. The question posed to the Labor Commissioner was this: If an employee currently works a regular 10 hour shift, and… Continue Reading
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