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State Agency Attempts to Demystify Disability Laws March 05, 2009 This handy table, published by the Fair Employment and Housing Commission, compares state and federal disability laws – ADA (plus its 2008 amendments) and FEHA.
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Understanding How State and Federal Leave Laws Differ March 05, 2009 State officials have released a table to help employers figure out how to properly comply with both California and federal family and medical leave laws.
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mployee Genes Off Limits March 03, 2009 While it might be helpful to see a snapshot of a prospective new hire’s predisposition for anger or workplace injuries, federal law bans employers from basing such decisions on genetic information. Read the newly proposed guidelines for how this law will be enforced and make your voice heard.
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Case Shows Importance of Paying Attention to Informal Disabilities February 19, 2009 An employee who had difficulty walking, but no formal disability, sued his employer under the state’s FEHA disability laws anyway. Even though the employee did not go through the formal process for disability-related accommodations, an appellate court had some tough words for employers.
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9th Circuit Rules on Whether Type-2 Diabetes is a Disability February 17, 2009 A federal appeals court in California ruled an important case that clarifies how employees with type-2 (also referred to as “adult-onset”) diabetes are treated under U.S. disability law. The opinion also sheds some light on how the new ADA amendments will affect such employees.
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Employer Victorious for Properly Engaging Disabled Worker February 05, 2009 Returning to work with a disability is stressful not only for the employee, but also employers that must accommodate specific restrictions. It doesn’t always go smoothly, but a recent appellate case shows what employers must do to avoid liability.
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Does Pay Discrimination Act Go Way Beyond Lilly Ledbetter? February 03, 2009 A new law reverses a Supreme Court decision that denied a claim by a woman who was willfully discriminated against because of her gender. While it sounds good and fair on the surface, employment attorneys are very concerned about its breadth and scope. Click here to get up to speed and prepared. read more here...
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U.S. Supreme Court Ruling Impacts Retaliation Protections January 27, 2009 The nation’s highest court handed down a ruling that answers the question of whether witnesses in company investigations are protected against retaliation. The unanimous decision clears up a gray area of federal labor law.
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California Supremes Grant Review of Meal Break Case January 20, 2009 The state’s highest court has granted review of Brinkley v. Public Storage, similar in both name and content to Brinker v. Superior Court. Like Brinker, the Supreme Court ruling in Brinkley will determine whether or not employers must, as one attorney says, “play traffic cop” and ensure that employees take provided meal and rest breaks.
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California Employer Prevails in Meal Break Class-Action Suit January 08, 2009 Usually these suits are settled before reaching a jury or judge, for fear of losing tens of millions of dollars. Case law hasn’t changed, but this unexpected trial victory raises questions about how wage and hour law might evolve in the New Year. read more here...
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