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Tag Archives: Act

San Francisco’s Board of Supervisors Severely Limits Employers’ Criminal History Checks and “Bans The Box”

Posted in Labor Law

The San Francisco’s Board of Supervisors has now prohibited the widely used criminal history check box for employment applications. Unless the Mayor vetoes it, the “ban the box” ordinance will become law no later than Thursday, February 13, 2014. In addition to banning the box, the new San Francisco legislation imposes a host of additional… Continue Reading

Employers: Don’t Forget to Provide Your Employees with Timely Notice Under the Affordable Care Act

Posted in New Legislation and Regulations

The Affordable Care Act (ACA) has many mandates for both individuals and employers. While the main employer mandate facing certain large employers (the “play or pay” penalty) has been delayed until 2015, the ACA still requires employers who are otherwise covered by the federal Fair Labor Standards Act (FLSA), to provide a notice to their employees by October 1, 2013 explaining the new Health Insurance Marketplace (“Marketplace”).

Do You Think The ACA Is Asleep Because The Employer Mandate Was Postponed? Think Again!: Required Employee Notices Soon Due!

Posted in Labor Law

Enrollment in the Health Insurance Marketplace is set to begin on October 1, 2013. While many employers believe the requirements of the Patient Protection and Affordable Care Act (ACA) were put off a year for them, many provisions still apply now. By no later than October 1, 2013, most employers must distribute a notice of… Continue Reading

The Ninth Circuit Holds that Lead Plaintiffs in a Putative Class Action Don’t Get to Plead Their Way Out of Federal Court

Posted in Wage & Hour

By: Lizbeth V. West, Esq. Plaintiff Robert Rodriguez brought a putative class action against AT&T Mobility Services, LLC, on behalf of himself and all other similarly situated retail sales managers of AT&T wireless stores in Los Angeles and Ventura counties. Rodriguez asserted various claims under California law related to alleged unpaid wages, overtime compensation, and… Continue Reading

Food and Beverage Companies Beware: New Risks Associated with Whistleblower Protections Under the Food Safety Modernization Act

Posted in Labor Law

The FSMA is the most extensive change to the U.S. food safety system in more than 70 years. Signed into law in 2011, the FSMA directs the U.S. Food and Drug Administration (FDA) to issue numerous regulations directed toward enhancing food safety and minimize the risk of foodborne illnesses. As with almost every law nowadays,… Continue Reading

Summer Seminar Series for Restaurants

Posted in Labor Law

Join Weintraub Tobin’s attorneys in connection with the California Restaurant Association and Leavitt Group in their Summer Seminar Series for Restaurants where they will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives. Dates: Tuesday, July 30, 2013 Claremont Resort, Berkeley, CA Wednesday, July 31, 2013 Sutter Club,… Continue Reading

THE EEOC IS “OFF TO THE GINA RACES”

Posted in Disability Discrimination, Labor Law

JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION By:  Lizbeth V. West, Esq. The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center… Continue Reading

EEOC Issues Revised Publications Regarding the Employment Rights of People with Specific Disabilities

Posted in Labor Law, New Legislation and Regulations

By:  Lizbeth V. West, Esq. On May 15, 2013, the EEOC issued a press release announcing revised publications regarding employment rights for four categories of individuals with specific disabilities. The publications address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

EEOC SETTLES ITS FIRST “GINA” LAWSUIT FOR GENETIC DISCRIMINATION – An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Lizbeth V. West, Esq. On May 7, 2013, the EEOC issued a press release announcing the settlement of a lawsuit against Fabricut, Inc., one of the world’s largest distributors of decorative fabrics. This is the first lawsuit ever filed by the EEOC alleging genetic discrimination.

Upcoming Seminar: Health Care Reform – What Employers Need to Know

Posted in Labor Law

With Special Guest Speaker, Vincent Catalano from Arthur J. Gallagher & Co., Inc.  The Supreme Court has spoken and the Patient Protection and Affordable Care Act (“PPACA”) is here to stay. It is now critical that employers of all sizes learn how the PPACA may impact their workplace. Join Weintraub Tobin, and special guest speaker, Vincent… Continue Reading

Arrest and Conviction History: As to Banks and Financial Institutions, Is the EEOC’s Guidance Built on An Erroneous Foundation?

Posted in Employee Privacy Rights, Labor Law

By: Chuck Post and Lizbeth West The EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” on April 25, 2012. (“EEOC Enforcement Guidance No. 915.002”.)

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

Posted in FMLA and Other Leaves of Absence

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… Continue Reading

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

Posted in FMLA and Other Leaves of Absence, Labor Law

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… Continue Reading

IRS Gives Employers Guidance on the Employer Shared Responsibility Provisions of the Affordable Care Act

Posted in Labor Law, New Legislation and Regulations

By:  Shauna N. Correia Employers should be planning ahead for the January 1, 2014 implementation of the “Employer Shared Responsibility” provisions of the Affordable Care Act. That is because the average number of workers a company employed during 2013 will determine whether an employer is a “large employer,” and must offer minimum levels of health… Continue Reading

The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California

Posted in Labor Law

By:  Lizbeth V. West, Esq. On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are…. Continue Reading

Really? Again? – Another California Case Finds that the Parties’ Arbitration Agreement Will Not Govern their Dispute -in this Case a Dispute Centered on Whether or Not the Workers Were Independent Contractors or Employees

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

By:   Lizbeth V. West, Esq. There is a relatively long list of California cases that stand for the proposition that certain types of employment disputes are not subject to arbitration. On October 17, 2012, the Second District Court of Appeal’s decision in Elijahjuan et al v. Superior Court of LA County (Mike Campbell & Associates, Ltd.,… Continue Reading

Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You

Posted in Employment Contracts and Agreements

By:James Kachmar As this blog frequently reminds its readers, California state courts take a hard look at arbitration agreements in the employment context. The recent case: Sparks v. Vista Del Mar Child & Family Services, from the Second Appellate District of California provides additional support for why employers need to be extra careful in establishing… Continue Reading

Is It Discrimination To Require A High School Diploma?

Posted in Disability Discrimination, Discrimination

By:       Scott M. Plamondon The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The… Continue Reading

Congress and President Obama Trump the Supreme Court: Ledbetter Fair Pay Act Signed Into Law

Posted in Discrimination, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

In his first significant act as President in the labor and employment arena, President Obama effectively overturned the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. by signing the Lilly Ledbetter Fair Pay Act (“Ledbetter Act”) into law this Thursday. The main thrust of the Ledbetter Act is that it… Continue Reading

California ‘Baby’ WARN Act may Surface During Recession

Posted in Reductions in Force

The recent economic lull has lead to increased layoffs across different industries. Employers may be required to give advance notice to affected employees and certain government entities. There are Federal and State laws which discuss the issue of notice owed to employees before large layoffs. The Federal law is known as the Worker Adjustment and… Continue Reading

Ineffective OWBPA Waiver in a RIF: Peterson v. Seagate

Posted in Employment Contracts and Agreements

Nineteen former employees who signed releases after being terminated in a RIF and who did not file EEOC charges may proceed in joining the class bringing ADA claims against their former employer. The plaintiffs alleged the waivers were invalid under the Older Workers Benefit Protection Act (“OWBPA”) because they misrepresented the number of employees selected… Continue Reading