Category Archives: Serious Health Conditions

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Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members

Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023) The California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members who bring the virus home from their workplace, because “[a]n employer does not owe a duty of care under … 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

By Tony Oncidi on October 9, 2022 Posted in Leaves of Absence, Serious Health Conditions

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

Paid Family Leave Benefits Increased

By Tony Oncidi on October 26, 2016 Posted in California Labor & Employment Law, Disability, FMLA, Leaves of Absence, New and Proposed Laws and Legislation, Serious Health Conditions

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

Laid-Off Employee Could Proceed With Disability Discrimination Claims

By Tony Oncidi on July 13, 2016 Posted in ADA, California Labor & Employment Law, CFRA, Disability, FEHA, Serious Health Conditions, Wrongful Termination

Moore v. The Regents of the Univ. of Cal., 2016 WL 3434186 (Cal. Ct. App. 2016) Deborah Moore was employed as the Director of Marketing for the University of California San Diego (UCSD) until her job was eliminated shortly after she got a new supervisor who believed that the job functions that Moore was performing … Continue Reading

Governor Brown Signs New Laws Affecting California Employers

By Anthony DiBenedetto and Tony Oncidi on September 30, 2013 Posted in CFRA, Leaves of Absence, Minimum Wage, New and Proposed Laws and Legislation, Overtime, Serious Health Conditions

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

Employer Was Entitled To Summary Judgment In Disability Discrimination Case

By Tony Oncidi on July 1, 2009 Posted in Disability, Discrimination, Employment Law Notes, Reasonable Accommodation, Retaliation, Serious Health Conditions

Scotch v. Art Inst. of Cal.-Orange County, Inc., 173 Cal. App. 4th 986 (2009) Carmine Scotch sued his former employer, the Art Institute of California-Orange County, Inc. (“AIC”) for discrimination based on his disability (HIV), failure to make reasonable accommodation, failure to engage in the required interactive process, failure to maintain a workplace free of … Continue Reading

Swine Flu: Is Your Workplace Prepared?

By Proskauer Employment Law Group on May 1, 2009 Posted in Client Alerts, Computer and Internet Use, Employee Discipline, Employment Policies, FMLA, Illness and Injury Prevention Program, Insurance, Leaves of Absence, Reporting Requirements, Serious Health Conditions, Workplace Safety

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

Catering Employee Could Proceed With Family Leave Claim, But Not Disability Claim

By Tony Oncidi on September 1, 2008 Posted in Disability, Discrimination, Employment Law Notes, Serious Health Conditions

Avila v. Continental Airlines, Inc., 165 Cal. App. 4th 1237 (2008) Henry Avila sued his employer, Chelsea Food Services (a division of Continental Airlines), following his termination for excessive absences from work. Avila sued for disability discrimination and for violation of his rights under the California Family Rights Act (“CFRA”). The trial court granted summary … Continue Reading

Employee Who Requested Medical Leave For Depression While Working For Another Employer May Have Been Improperly Terminated

By Tony Oncidi on May 1, 2008 Posted in Employment Law Notes, Serious Health Conditions

Lonicki v. Sutter Health Central, 43 Cal. 4th 201 (2008) Antonina Lonicki, a certified technician of sterile processing, was fired when she failed to return to her job at Sutter, following a leave of absence. During the leave, Lonicki continued to perform the same job duties at Kaiser in the same geographic area. In her … Continue Reading

Federally Chartered Credit Union Not Immune From Punitive Damages

By Tony Oncidi on September 1, 2007 Posted in Discrimination, Employment Law Notes, FEHA, Leaves of Absence, Serious Health Conditions

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

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