California Employment Law Update

Category Archives: Pregnancy Leave

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Congress Adds Additional Protections for Pregnant Workers

In the recent $1.7 trillion Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees. The first measure is the Pregnant Workers Fairness Act (the “PWFA”) which applies to employers with 15 or more employees. The PWFA extends the … Continue Reading

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

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

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

Handful of State “Job Killer” Bills Move On to Second House

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include: Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median … Continue Reading

San Francisco Issues Guidance for the Application of the City’s Paid Parental Leave Ordinance

The City of San Francisco recently published new FAQs addressing provisions of its Paid Parental Leave Ordinance (the “Ordinance”).  The Ordinance, which went into effect on January 1, 2017 for employers with 50 or more employees, will begin to apply to employers with 35 or more and 20 or more employees on July 1, 2017 … Continue Reading

Trial Court’s Decision Quashing EEOC Subpoena Should Not Be Reversed Absent Abuse Of Discretion

McLane Co. v. EEOC, 581 U.S. ___, 137 S. Ct. 1159 (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 … 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

New California Regulations Regarding Discrimination, Harassment and Pregnancy Disability Leave

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations go into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments enumerate detailed requirements regarding anti-harassment policies and investigations, and institute additional notice and recordkeeping requirements. Anti-Discrimination and Harassment Regulations The new anti-discrimination and harassment regulations clarify … Continue Reading

Employee Who Exhausted Four Months Of Pregnancy Leave Was Entitled To Further Disability Leave

Sanchez v. Swissport, Inc., 2013 WL 635266 (Cal. Ct. App. 2013) In a case of first impression, the California Court of Appeal determined in this case whether an employee who has exhausted all permissible leave (four months) under the California Pregnancy Disability Leave Law (“PDLL”) may state a claim for failure to accommodate a disability … Continue Reading
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