By:  James L. Brannen

In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with early pregnancy-related disabilities, can still be held liable for failing to provide additional leave to that employee under the Fair Employment and Housing Act (FEHA) as a reasonable accommodation until after the employee gives birth.

Continue Reading Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Continue Reading Upcoming Seminar: Independent Contractor v. Employee – “Saying It’s So, Doesn’t Make It So”

By:  Lizbeth V. West, Esq.

Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight Crew Technical Corrections Act. However, there are a few other minor changes and requirements, including the requirement that employers replace their FMLA poster with an updated poster by March 8, 2013.

Continue Reading Are You Ready For Your New Compliance Obligations Under The FMLA?

By:   Chelcey E. Lieber

The California Supreme Court recently granted review of Richey v. Autonation, Inc., a Court of Appeal case that vacated an arbitration award in favor of the employer. The Court rejected the employer’s argument that it had an “honest belief” that an employee was misusing his CFRA/FMLA leave, and this honest belief justified the employee’s discharge. We previously discussed the Richey case here https://www.thelelawblog.com/2012/11/articles/labor-law/the-continuing-danger-of-terminating-employees-on-leave-an-honest-belief-that-leave-is-being-misused-is-not-always-enough-richey-v-autonation-inc/ on our blog.

Continue Reading California Supreme Court Grants Review of CFRA/FMLA Case Richey v. Autonation, Inc.

Join us at this year’s “ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v. Lee” seminar where Weintraub attorney Lizbeth West will be speaking as one of the panelist in regards to:

  • An overview of the Jankey v. Lee decision
  • Recent Federal and State Legislation
  • Establishing available affirmative defenses
  • Effective negotiations of settlement

 

Date:

Friday, February 22, 2013

Location:

Sutter Club Sacramento
1220 Ninth Street
Sacramento, CA 95814

Time:

4:30-5:30 – Sessions
5:30-6:30 – Reception

Register online at www.adcncn.org