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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 if the employer elects to proceed under a “no accrual or carry over” system … of providing paid sick leave, does the employer have to “front load” that employee at the beginning of the year with 30 hours of leave (three days at 10 hours per day) or only with 24 hours of leave on the theory that a “day” is limited to a maximum of eight hours?Beth-West-15_web
Continue Reading Labor Commissioner’s First Opinion Letter On California’s New Paid Sick Leave Law

Summary of Program

Companies and their employees widely use social media in their daily business activities.  These networking sites are used by employees to communicate with one another as well as current and potential customers.  However, the use of social media may occasionally adversely impact an employer’s business or present other legal risks.  What should…

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle the case following the U.S. Supreme Court’s ruling.

Below is a summary of the court proceedings.Beth-West-15_web

The case arose when Samantha Elauf, then a teenager who wore a headscarf or hijab as part of her Muslim faith, applied for a job at an AF store in her hometown of Tulsa, Okla.  She was denied hire for failing to conform to the company’s “look policy,” which AF claimed banned head coverings.  Elauf then filed a charge with the EEOC, alleging religious discrimination, and the EEOC filed suit against AF charging that the company refused to hire Elauf due to her religion, and that it failed to accommodate her religious beliefs by making an exception to its “look policy” prohibiting head coverings.  The trial court granted summary judgment on liability to EEOC after holding that the evidence established that Elauf wore the hijab as part of her Muslim faith, that AF was on notice of the religious nature of her practice, and that it refused to hire her as a result.  A jury subsequently awarded Elauf damages for the discrimination.Continue Reading The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

This 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 forBeth-West-15_web an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim.  Under this bill, the Government Code…

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 employment entitlements and protections.

Assembly Bill 304 – Amending the New Healthy Workplaces-Healthy Families Act (aka Mandatory Paid Sick Leave Law).Beth-West-15_web

The bill which takes effect immediately, amends the Healthy Workplaces, Healthy Families Act of 2014 that went into effect on July 1, 2015.  Among other things, this bill clarifies that an employee must work for the same employer within California for 30 or more days per year in order to qualify for accrued sick leave.  It also authorizes an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment.   Additionally, the bill clarifies that an employer may limit an employee’s use of paid sick days to 24 hours or 3 days as follows: in each year of employment; in a calendar year; or in a specified a 12-month period.  The bill also provides that an employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off.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