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Brendan J. Begley

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Brendan is a shareholder who spearheads the firm’s Appeals and Writs group and is a member of the firm’s litigation, labor and employment, and trust, probate and elder-abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization.

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When an employee is disabled by an industrial injury, an employer’s obligations under the Workers’ Compensation Act generally can be measured with what could be called arithmetic-like calculations.  However, gaging the extent of an employer’s obligations in such circumstances can begin to resemble calculus when disability-discrimination laws are figured in the equation. 

For example, upon learning that an injured employee has received a high disability rating, an employer’s quasi-mathematical equation might read:  “Work Requirements + 90 Days of Light Duty + High Disability Rating = No Obligation to Continue Light-Duty Accommodation or to Hold Position Open.”  However, that formula is not properly calibrated to ensure that an employer reaches the correct solution under anti-discrimination laws.Continue Reading Employer’s Exclusive Reliance On Workers’ Compensation Calculations Can Add Up To Liability For Failing To Accommodate Disabled Employees

Employers now may be permitted to include clauses known as class-action-waivers in arbitration agreements with employees, according to a recent decision of the U.S. Supreme Court.  Valid class-action-waivers restrict employees who wish to pursue legal recourse against employers to do so only through individual arbitrations and not as a member of a class action filed in court.  Simply put, these provisions require an employee to waive his or her right to participate in class-action litigation against the employer.  Where such waivers are allowed, employers may reduce substantially their exposure to costly class actions; for example, those alleging wage-and-hour or meal-and-rest-period violations.
Continue Reading LAW ALERT: Employers May Have Ability to Reduce Class-Action Exposure Under New U.S. Supreme Court Decision

Taking the next step to implement the federal Americans with Disabilities Amendments Act of 2008 (“ADAAA”), the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited final regulations on March 24, 2011.  However, it is widely believed that the ADAAA and the recently published regulations will not greatly impact employers in California who are already covered by the state’s Fair Employment and Housing Act.
Continue Reading LAW ALERT: EEOC Publishes New Regulations Governing Federal Disability Laws

Modern-age advances in communications technology have brought both benefits and burdens to employers in recent times.  For example, email and the internet have greatly accelerated the pace by which employers may send and gather or receive vital information needed to stay competitive.  At the same time, those tools have, in some cases, distracted employees in ways that cut down on efficiency and productivity.
Continue Reading The Risk in Firing an Employee for Posting Negative Remarks on the Internet about a Boss

Coinciding with President Obama’s designation of October as “National Disability Employment Awareness Month 2010,” the federal government has posted a toolkit on the internet to facilitate the return-to-work process for both employers and employees following a disability-related leave of absence.  The toolkit is geared to educate both employees and employers about their respective rights and…