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Category Archives: FMLA and Other Leaves of Absence

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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 & Hour

When 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 & Hour

Sunday, 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 & Hour

On 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

The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families Act

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers.  Below is a brief summary of two bills recently signed by the Governor – one that amends the new mandatory sick leave law, and one that ensures that professional cheerleaders are treated as employees for purposes of… Continue Reading

California Legislature Moves Closer to Expanding the Family Rights Act

Posted in FMLA and Other Leaves of Absence, New Legislation and Regulations, Wage & Hour

On June 24, 2015 California’s Senate Bill 406 was passed by the Senate and has been sent to the Assembly Committee on Appropriations.  If passed this bill would implement changes to the California Family Rights Act (“CFRA”).   Under the current law, employees may take up to 12 weeks of protected leave during any 12-month period… Continue Reading

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. Although this rule took effect on March 27, 2015, a federal district court ruling in Texas left the status of the… 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 & Hour

The 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

Same-Sex Marriage Partners Now Covered by FMLA

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On February 25, 2015, the United States Department of Labor issued new rules designed to revise the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”).  The new rules amend the regulatory definition of spouse under the FMLA so that it now specifically includes employees in legal same-sex marriages so that such… Continue Reading

Upcoming Seminar: From A to Z, The Alphabet Soup of Leave Laws

Posted in Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging.  California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.  To properly administer leaves and accommodate employees, employers need to understand the various types of leave/accommodations available,… Continue Reading

Why Employers Should Think Twice Before Making Employees Play Hurt

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team.  Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he suffered permanent injuries after being forced to play in a game while he was ill.  Baucham’s lawsuit claimed that… 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 & Hour

Summary 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 & Hour

2014  – 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 & Hour

NOW 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 & Hour

2014  – 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 & Hour

Supervisors 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

Oakland Voters Pass Paid Sick Leave and Minimum Wage Ordinance (Proposition FF)

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On November 4, 2014, Oakland voters passed measure FF.  This measure establishes a minimum wage in the City of Oakland to $12.25 per hour beginning March 2, 2015.  This brings Oakland’s minimum wage increase in line with San Francisco’s minimum wage, which also increases to $12.25 effective May 1, 2015.  Proposition FF also requires that Oakland… 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 & Hour

The 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

What to Do When Your Employee is Accused of Domestic Violence

Posted in Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law

Unless you have been living under a rock the last few months, you have undoubtedly heard about the incident that took place between Ray Rice and his fiancée in an Atlantic City elevator, as well as Rice’s subsequent suspension by the NFL. Now, it is worth noting that the NFL is not your average employer…. Continue Reading

California Expands Leave Requirements for Emergency Rescue Personnel

Posted in Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On September 15, 2014 Governor Brown signed AB 2536, which implements changes to California Labor Code section 230.3.  Prior to the passage of this bill, California law prohibited employers from discharging or discriminating against employees for taking time off to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel. “Emergency… Continue Reading

Correction to Blog Post Entitled “Governor Brown Signs Paid Sick Leave Bill Into Law”

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

While Governor Brown hailed the Legislature on August 30, 2014 for its passage of the new Healthy Workplaces, Healthy Families Act” (Assembly Bill 1522) our prior post was incorrect when it stated that he signed the new bill into law on August 30th.  In fact, the Governor signed the new bill into law on September… Continue Reading

Governor Brown Signs Paid Sick Leave Bill Into Law

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On August 30, 2014, the Governor signed Assembly Bill 1152 into law and said “tonight, the Legislature took historic action to help hardworking Californians. This bill guarantees that millions of workers — from Eureka to San Diego — won’t lose their jobs or pay just because they get sick.” The new law is called the… Continue Reading

SPACE STILL AVAILABLE – SEAC Seminar – The What and Who: The FMLA/CFRA, ADA/FEHA, PDL, and Labor Code – Oh My!

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Following the Yellow Brick Road of Employee Leave Rights and Accommodations.  SEAC invites you to spend the morning with attorneys and leave and accommodation experts Lizbeth (“Beth”) West and Charles (“Chuck”) Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law. Date:         Wednesday, August 20,… Continue Reading

Does an Employer Meet its Obligations under the FMLA by Sending an FMLA Designation Notice to an Employee via First Class Mail? Not Always

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

In Lupyan v. Corinthian Colleges, Inc., a FMLA interference lawsuit, the Third Circuit Court of Appeals reversed a summary judgment in favor of the employer when the employee claimed she never received an FMLA designation letter that her employer claims it mailed to her. The Court essentially held that if an employer wishes to prevail… Continue Reading