This law provides additional circumstances under which employees may take school activities leave. California school activities leave now includes the addressing of a child care provider emergency, a school emergency, finding, enrolling, and reenrolling a child in a school or with a child care provider. The pool of eligible employees is expanded to include employees … Continue Reading
The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather clause protecting employers that already provided paid sick leave prior to January 1, 2015 (AB 304).… Continue Reading
Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015) Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before allegedly injuring his back while moving furniture at his home. Following the injury, Richey applied for and was granted a medical leave … Continue Reading
Nealy v. City of Santa Monica, 2015 WL 632228 (Cal. Ct. App. 2015) Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury until 2005 … Continue Reading
California Governor Jerry Brown has until September 30th to sign or veto A.B. 1522, a recently passed bill that would require businesses employing at least one person in California to provide employees with paid sick leave and to comply with new recordkeeping and informational requirements. If signed by the governor, the bill will become effective … Continue Reading
White v. County of Los Angeles, 2014 WL 1478701 (Cal. Ct. App. 2014) Susan White worked as a Senior District Attorney Investigator with the Los Angeles County District Attorney’s Office. Following the death of her brother-in-law, White began experiencing emotional difficulties on the job and was observed acting erratically in the workplace with “very high … Continue Reading
$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to … Continue Reading
Minimum Wage Increase Gov. Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for a 25% increase in the minimum wage over the next two … Continue Reading
On March 28, 2012, a California Assembly committee considered a bill that would expand the scope of California’s Family Rights Act (CFRA). These proposed expansions to CFRA could potentially increase the amount of unpaid leave time taken by employees in California and would almost certainly add to the challenges already faced by California employers seeking … Continue Reading
Rogers v. County of Los Angeles, 198 Cal. App. 4th 480 (2011) After 19 weeks of medical leave, Katrina L. Rogers returned to her job as the personnel officer in the executive office responsible for rendering administrative and other support services to the Los Angeles County Board of Supervisors. During her LOA, Rogers’ doctor told … Continue Reading
Lewis v. United States, 641 F.3d 1174 (9th Cir. 2011) Janet Lewis worked for the United States Air Force as the director of a child development center on the Elmendorf Air Force Base. In 2006, Lewis requested 120 days of leave without pay pursuant to the Family Medical Leave Act (“FMLA”). The employer requested a … Continue Reading
Wills v. Superior Court, 194 Cal. App. 4th 312 (2011) Linda Wills, who worked as a clerk for the Orange County Superior Court, was terminated from her employment after she told co-workers she was going to add them to her “Kill Bill” list and forwarded a cell phone ringtone to several people, including a co-worker, … Continue Reading
Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (2010) Christina Sullivan was the manager of a Factory 2-U store before it filed for Chapter 11 bankruptcy. Dollar Tree later purchased Factory 2-U’s existing leasehold on the store where Sullivan was employed. Prior to the anniversary of her hire by Dollar Tree, Sullivan’s mother became … Continue Reading
In a 7-2 decision, the United States Supreme Court has held that AT&T did not violate the Pregnancy Discrimination Act (“PDA”) when it based its calculation of employees’ pensions in part on a pre- PDA accrual rule that treated pregnancy leave less favorably than other forms of disability leave. AT&T Corp v. Hulteen, No. 07-543 (May … Continue Reading
As of this writing, the Centers for Disease Control and Prevention has confirmed 109 cases of the H1N1 virus, commonly known as swine flu, in the United States. The World Health Organization has confirmed 331 cases of swine flu worldwide and has raised the pandemic threat level to Phase 5 on its six-step scale (Phase … Continue Reading
McGee v. Tucoemas Fed. Credit Union, 153 Cal. App. 4th 1351 (2007) Kimberly McGee, a former vice president of lending for the credit union, took a leave of absence for surgery and chemotherapy after being diagnosed with breast cancer. The credit union allegedly told McGee that if she did not return to work within four … Continue Reading
Moreau v. Air France, 356 F.3d 942 (9th Cir. 2003) Stephane Moreau worked as the Assistant Station Manager for Air France at San Francisco International Airport (SFO). Moreau requested a 12-week leave of absence under the Family Medical Leave Act and the California Family Rights Act to assist his ill father in France. Air France … Continue Reading
Opinion of Att’y Gen. Bill Lockyer, No. 02-213, 2003 WL 174019 (Jan. 24, 2003) In this opinion, the California Attorney General determined that employees who are residents of and employed in California are not entitled to the employment-related benefits established under California Military & Veterans Code § 395.05 for leaves of absence occasioned by service … Continue Reading
Humble v. Boeing Co., 305 F.3d 1004 (9th Cir. 2002) Su Humble, a union member who was employed as a fabrication bench mechanic for Boeing, suffered an on-the-job injury to her shoulder. After taking a series of medical leaves of absence over the course of approximately 15 months, Humble was told that there were no … Continue Reading
Tomlinson v. Qualcomm, Inc., 97 Cal. App. 4th 934 (2002) While working on a reduced schedule as part of a family leave of absence, Lona Tomlinson was selected for layoff and terminated. Tomlinson asserted that her termination violated the California Family Rights Act (CFRA), Cal. Gov’t Code § 12945.2, based on her contention that employees who are … Continue Reading
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