On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces, Healthy Families Act of 2014”) for employees paid by commissions and for exempt employees who also receive an annual bonus.  Here is

When people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind……..

Employer Handbook Season! 

Yes, the end of the year always brings a flurry of revisions to employer handbooks.  This year is no different.  Business owners, general counsel, and human resources professionals throughout California and the County always look at Q4 and ask themselves “when was the last time your employee handbook was updated?”  We are assisting many clients right now with their handbooks so that they are poised for a January 1 launch. With the constant changes in California (including the dozens of new bills just signed by the Governor), employer handbooks that are more than a year old can quickly become a huge liability.
Continue Reading The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Summary of Program

Administering leaves of absence and disability accommodations in California can be very challenging.  California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.  To properly administer leaves and accommodate employees, employers need to understand the various types of leave/accommodations available,

On August 30, 2014, the Governor signed Assembly Bill 1152 into law and said “tonight, the Legislature took historic action to help hardworking Californians. This bill guarantees that millions of workers — from Eureka to San Diego — won’t lose their jobs or pay just because they get sick.”

The new law is called the

By:       Lizbeth V. West, Esq.

Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902

The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying in court, and “field work,” which consisted of visiting the homes of individuals who had been released from prison to assist them in their reentry into society. The job required “considerable fieldwork . . . throughout the 22nd Judicial District," "visits in less than desirable environments," and "potentially dangerous situations in field/office contacts."Continue Reading Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?