On September 30, 2010, Governor Schwarzenegger signed into law the “Michelle Maykin Memorial Donation Protection Act” which adds another statutory leave entitlement to the California Labor Code.
The new organ and bone marrow donation leave law provides for the following:
Continue Reading CORRECTED LAW ALERT: New Organ and Bone Marrow Donation Leave Law
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 responsibilities so that workers may return to an existing or new job as quickly as possible.
The employer toolkit includes suggestions about adjusting work duties or schedules as an accommodation, as well as tips to help reduce workers’ compensation costs and job-related injuries. Additionally, the employer toolkit provides an overview of employer obligations under various disability, leave, and workers’ compensation laws. Meanwhile, the employee toolkit contains information regarding resume writing, preparing for a job interview, and laws pertaining to employment and workplace accommodations.
While the employer toolkit may provide a useful basis for devising general return-to-work strategies, employers should discuss specific cases with legal counsel in order to minimize the risk of exposure to failure-to-accommodate or violation-of-leave-entitlement claims, which can be very problematic and costly.
Beth West, Vice Chairperson of the Sacramento Employer’s Advisory Council, invites you to attend the SEAC’s Trial of the Year – You be The Jury! scheduled for October 12, 2010 at the Hilton in Sacramento. The event includes a mock trial of a sexual harassment case in the morning, hosted lunch, and an afternoon full of valuable advice by well-known employment lawyers on how to avoid liability for sexual harassment. For more information please go to www.saceac.com.
According to recent media reports, California gubernatorial candidate Meg Whitman released employment records to refute allegations that she knowingly hired an illegal immigrant as a nanny and housekeeper in 2000. These documents, which The Sacramento Bee posted at http://blogs.sacbee.com/capitolalertlatest/Diaz%20Forms.pdf, provide a good illustration as to why California employers should use caution before adopting employment applications, forms, or policies of other employers. Regardless of their source, using such materials without first consulting a lawyer may lead to problems.
Pursuant to California Division of Workers’ Compensation (DWC) regulations, employers must post the new DWC 7 Notice adopted effective June 2010, no later than October 8, 2010. The DWC 7 form is the “Notice to Employees – Injuries Caused by Work.” This Notice provides employees with information on workers’ compensation coverage and where to get medical care for work injuries. The Notice must be posted in English and Spanish at each California work site in a conspicuous location frequented by employees during the hours of the work day.
