California Employment Law Update

Category Archives: Leaves of Absence

Subscribe to Leaves of Absence RSS Feed

California Mandatory Postings and Pamphlets – What’s New for 2023

California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights.  Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated.  The eight (8) notices that will be updated are the following: 1. California Minimum Wage; 2. Family Care and Medical … Continue Reading

Five New Employment Laws that Every California Employer Should Know

A new year brings new employment laws for California employers.  California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023.  Here are five new employment laws that every California employer … Continue Reading

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

Employee Who Left Work To Care For Ill Relative Did Not Quit Her Employment And Was Eligible For Unemployment Benefits

Johar v. CUIAB, 2022 WL 4139848 (Cal. Ct. App. 2022) Reena Johar, a home improvement sales person, left work to care for a terminally ill relative, but after just one week, the employer “decided she had quit” and gave her no new sales appointments.  Although Johar told the Employment Development Department that she lost her … Continue Reading

California Employment Laws Passed and Pending

It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California.  As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are … Continue Reading

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state.  We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … Continue Reading

Ah, It’s Bill Passing Season in California again – and No Employer is Safe!

It’s springtime in California!  And even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing hundreds of new laws because, after all, you can never get too much of a good thing! Yes, it’s Bill Passing Season in Sacramento, and the California legislature seems as determined as ever … Continue Reading

Statewide Supplemental Paid COVID-19 Sick Leave Resuscitated, Expanded, and Retroactive Back to January 1, 2021

On Thursday, March 18, the California Legislature passed Senate Bill 95 (“SB 95”) which will provide statewide supplemental paid COVID-19 sick leave, retroactively to January 1, 2021. Governor Newsom signed SB 95 on Friday, March 19. California’s previous supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. Since then, California employers have … Continue Reading

Keeping it Local to Extend COVID-19 Emergency Paid Sick Leave Ordinances

California’s supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended emergency paid sick leave to employees affected by the COVID-19 pandemic. An employee may be entitled to use the leave for a variety … Continue Reading

California Expands Its Already Generous Leave Requirements To Cover Even Smaller Employers

Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family Rights Act (“CFRA”) to employers with as few as five employees.  Beginning on January 1, 2021, when SB 1383 takes … Continue Reading

California’s New Supplemental Paid COVID-19 Sick Leave, Effective September 19, 2020

On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which is intended to fill gaps left by the Families First Coronavirus Response Act (“FFCRA”). The new law requires that private employers with 500 or more employees in the United States provide eligible (non-food sector) employees with up to 80 hours of supplemental … Continue Reading

July 2020 California Employment Law Notes

We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Supreme Court Recognizes Discrimination Protection For Gay/Transgender Employees Under Title VII Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down … Continue Reading

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St. James School.  Following the termination of her employment, Morrissey-Berru sued her school for age discrimination under the ADEA; following the termination of … Continue Reading

Los Angeles Issues New Sick Leave Rules

On March 27, 2020, the Los Angeles City Council approved a new ordinance that would have required Los Angeles employers to provide up to 80 hours of supplemental sick leave relating to COVID-19.  The broadly-worded ordinance provoked opposition from some in the business community.  Last night, LA Mayor Eric Garcetti signed a Public Order Under … Continue Reading

Parental Leave Protections Expanded

This new law expands parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up to 12 weeks of parental leave to bond … Continue Reading

California Expands Parental Leave Protections

California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees.  Under the new law, which is set to take effect on January 1, 2018, employers with at least 20 employees must allow an employee who has more than … Continue Reading

Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data Sought By EEOC

EEOC v. McLane Co., 857 F.3d 813 (9th Cir. 2017) Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after she tried to return to her job following maternity leave, her employer (McLane Co.) informed her that she could not come back to the … Continue Reading

In-Home Supportive Services Workers Entitled To Paid Sick Leave

This bill, on and after July 1, 2018, entitles a provider of in-home supportive services who works in California for 30 or more days within a year from the commencement of employment to paid sick days. The bill requires the State Department of Social Services, in consultation with stakeholders, to convene a workgroup to implement … Continue Reading

Paid Family Leave Benefits Increased

Beginning January 1, 2018, the amount of paid family leave benefits increases from 55 percent of earnings to 60 or 70 percent of earnings, depending on the employee’s income (subject to a maximum weekly benefit limit). In addition, the current seven-day waiting period to receive benefits is eliminated. (AB 908.)… Continue Reading

New Notice Regarding Domestic Violence, Sexual Assault And Stalking Protections

Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. This bill requires employers to inform each employee … Continue Reading

Employer Did Not Violate ADA When It Failed To Return Employee To Full-Time Position Following Medical Leave

Mendoza v. The Roman Catholic Archbishop of Los Angeles, 2016 WL 1459214 (9th Cir. 2016) Alice Mendoza worked as a full-time bookkeeper for a small parish church. She took sick leave for 10 months, during which time the pastor of the church took over the bookkeeping duties himself and determined that Mendoza’s job could be … Continue Reading

San Francisco Approves City Ordinance Providing For Fully Paid Parental Leave

In yet another recent development on the hot topic of paid family leave, the San Francisco Board of Supervisors has unanimously approved local legislation requiring businesses to provide employees with up to 6 weeks of fully paid parental leave for the birth or adoption of a child.  With this ordinance, San Francisco becomes the first … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK