New California Training Law Strengthens Legal Mandate for All Employers

Size: px
Start display at page:

Download "New California Training Law Strengthens Legal Mandate for All Employers"

Transcription

1 Winter 2005 All We Do Is WorkSM A BULLETIN ON EMPLOYMENT, LABOR, BENEFITS AND IMMIGRATION LAW FOR CLIENTS AND FRIENDS OF JACKSON LEWIS LLP New California Training Law Strengthens Legal Mandate for All Employers Under California s new law designed to prevent sexual harassment in the workplace (AB 1825, ß of the Government Code), a covered employer must provide classroom or other training and education regarding sexual harassment to all supervisory employees. The new law will reach even employers who have just a few employees in California and may set the standard for judging when an employer has met the state's requirements for preventing sexual harassment. AB 1825, modeled after a similar Connecticut statute, is intended to augment California s Fair Employment and Housing Act, which requires employers to post sexual harassment information posters at the workplace and obtain and make available an information sheet on sexual harassment. During the fiscal year, 4,231 sexual harassment cases were filed with the Department of Fair Employment and Housing; that number equals 22% of all cases filed at DFEH. Which Employers Are Covered? The new law defines a covered employer as one that employs 50 or more persons, including temporary service employees and independent contractors. The law does not specify that the 50 employees must be within California. That means that an employer with 50 total employees may be covered by the law, even if just a few workers are in California. What Training Is Required? The law provides general guidance concerning the scope of the training. The training must include information and practical guidance regarding federal and state laws that prohibit sexual harassment, including prevention and correction of harassment, and remedies available to victims. The statute specifically requires employers to use practical examples aimed at preventing harassment. The training must be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. Significantly, the training must be in a classroom or an equally effective interactive environment. Because of the term interactive, a video presentation alone without questions and answers, role playing, or other interactive methods may be insufficient. WHAT IS INTERACTIVE TRAINING AND EDUCATION? Although AB 1825 requires anti-harassment education and training to be interactive, the new law does not specifically define the term. In conversation with DFEH, as well as the state s Fair Employment and Housing Commission, Jackson Lewis has learned that interactive training does not require live instruction. Additionally, both the DFEH and Commission believe that the training need not be conducted by an attorney. An HR professional, for example, familiar with applicable laws, would meet the knowledge and expertise test. At this time, neither the Department nor the Commission has plans to issue a memorandum or other publication to explain employer responsibilities under AB The Commission may issue regulations to provide clarification of the new law s requirements and has asked Jackson Lewis for suggestions as to what the regulations would entail INSIDE THIS ISSUE: New California Training Law Strengthens Legal Mandate for All Employers California Backs Off Meal Break Rules after Public Opposition Benefits from Golden State s Paid Family Leave Program Are Taxable on Federal Returns LITIGATION Supreme Court Keeps Hands Off Berkeley Wage Law Jury May Consider If Employer s Creative Necessity Defeats Sexual Harassment Claim PACIFIC NORTHWEST NEWS AND VIEWS Top Washington Court Rules Arbitration Agreement May Be Severed to Be Enforceable New Minimum Wage Levels in Alaska, Oregon and Washington California Workplace Law Breakfast Series: March - September Continued on page 2 1

2 EDITORIAL BOARD: Michael J. Lotito, Esq Robert Pattison, Esq., , Jennifer Brown Shaw, Esq., , Margaret R. Bryant, Esq., , This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis LLP and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis LLP. Jackson Lewis LLP represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed above or the Jackson Lewis attorney with whom you regularly work. 2005, Jackson Lewis LLP Who Must Receive Training? The law will cover most employees who have some supervisory authority. The Fair Employment and Housing Act defines supervisor broadly to include any individual having the authority... to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. When Must Training Be Completed? The law requires ongoing training after January 1, 2006, for all supervisors; they must receive at least two hours of anti-harassment training every two years. For those supervisors employed as of July 1, 2005, the initial two hours of training must be completed by January 1, Supervisors who have received training after January 1, 2003 need not be re-trained by January 1, (Future bi-annual training will still be required). Supervisors hired or promoted into supervisory positions after July 1, 2005 must complete training within six months of hire or promotion to a supervisory position. Liability Under the New Law The new law provides that employers who fail to conduct the training as required may be ordered to do so by DFEH. The law also says that providing training in accordance with AB 1825 is not a defense to a sexual harassment claim. Conversely, California Backs Off Meal Break Rules after Public Opposition In apparent response to a significant number of complaints from a vocal opposition, the California Division of Labor Standards Enforcement withdrew its December 10, 2004, proposed emergency regulations clarifying and revising meal-period requirements for California employees. Under the DLSE s prior interpretation of the law, employees who work five hours must receive an uninterrupted meal period of at least 30 minutes, and the meal period must begin before the sixth hour of work; employees who work no more than six a supervisor's failure to receive training does not establish liability for harassment under FEHA. Nevertheless, plaintiffs' lawyers likely will argue that the failure to comply with this law should be evidence in favor of an award of punitive damages, as it shows reckless disregard for the law. Finally, the law makes clear that it sets minimum standards and employers are free to implement more rigorous or frequent preventive measures. This provision also means employers will no longer be considered proactive for merely conducting supervisory training every two years, since the law requires such training. What Should Employers Do? Employers have until January 1, 2006, to make arrangements to implement AB Before then, we recommend that employers take these steps: Purchase or develop live or other interactive training (through the Internet or other interactive technology). Develop a means to monitor compliance and ensure that new supervisors are trained within six months of hire or promotion, and every two years thereafter. Ensure there is a system for recordkeeping to demonstrate compliance. Update policies and procedures to include reference to and documentation of adequate training. Ensure that executives are aware of this requirement and that they account for the time and financial commitment that will be involved to comply with the new law. hours in a day may waive their right to a meal period. A second uninterrupted meal period must be provided to employees who work more than 10 hours in a day, but the second meal period may be waived, if the first meal period was not waived and the employee works no more than 12 hours in the day. Employers are required to pay an employee one hour of additional pay for each day the employee did not receive a required meal period. Instead of pursuing emergency regulations, the DLSE submitted its proposed regulations (with some modification) to the normal public review process. Among other things, the proposed regulations: (1) specify that meal periods could start before completion of the sixth hour of work unless otherwise required by an Industrial Welfare Commission Wage Order; (2) provide that an employer will be deemed to have provided a required meal period by making the meal period available to the employee 2

3 JACKSON LEWIS/ WORKPLACE ANSWERS OFFER TRAINING SOLUTIONS With the enactment of the California sexual harassment prevention training law, the mandate for workforce training as the cornerstone of a dispute and litigation prevention strategy has been strengthened. Jackson Lewis assists employers in developing blended training strategies to meet legal compliance obligations and corporate objectives. Through dynamic and practical programs, we can help organizations prepare successfully to manage a wide range of employment issues, prevent costly lawsuits, promote productivity, and preserve human and financial resources to enhance profitability. Many organizations are seeking blended educational solutions that address a variety of needs for the entire workforce and enhance the McGinnis avoidable consequences defense, 1 says Michael Lotito, who has 28 years of management education and employee training experience on behalf of Jackson Lewis. Our strategic alliance with San Francisco-based Workplace Answers provides an effective Web-based training platform considered the gold standard in online education for workplace law. Together we offer a one-stop solution to comply with the law and meet the unique needs of the organization. Our learning management technology is designed by people who know and understand the law, employing practical insights to actually change behavior. For more information, please contact Jackson Lewis partners Michael J. Lotito in San Francisco, (415) , or Jennifer Brown Shaw in Sacramento, (916) , 1 Under the avoidable consequences doctrine, an employee will be unable to recover any damages that could have been avoided with reasonable effort by the employer s internal complaint procedures. Employers may dramatically decrease their exposure to damages if they take appropriate steps to educate and train employees on harassment prevention policies and practices. For example, employees should be provided copies of the employer's equal employment opportunity and harassment prevention policies immediately after hire and on a regular basis thereafter. All employees, not just managers and supervisors, should be trained on appropriate workplace behavior and the proper procedures for reporting violations of the employer s policies. And recall that California requires employers to distribute the Department of Fair Employment and Housing s sexual harassment information brochure to all employees. and providing the employee with the opportunity to take it, posting the applicable IWC wage order and keeping accurate time records as required by the posted IWC wage order; and (3) clarify that the one hour of additional pay imposed for not providing a required meal period is a penalty (thereby subjecting such claims to a one-year statute of limitation rather than the three-year statute of limitation applicable to wage claims or a four-year statute of limitation to recover wages under an unfair business practices theory of liability). The DLSE also announced it was withdrawing a number of informal opinion letters addressing meal period requirements in response to an October 2004 court opinion that found one of the opinion letters to be an illegal underground regulation. Public hearings on the proposed regulations will be held during February and March. Employers that believe the proposed regulations would benefit them and their employees by permitting greater flexibility in scheduling meal periods may wish to submit comments supporting the proposed regulations. The written comment period closes at 5 p.m. on Wednesday, March 2, All comments must be submitted in writing (by mail, fax, or ) and received by that time at the DLSE's headquarters office. Submit comments to: Allen Perlof, Senior Deputy Labor Commissioner, Division of Labor Standards Enforcement, 9th Floor West, Post Office Box , San Francisco, CA 94142; fax: (415) Because the last public hearing is scheduled for early March, we do not expect the DLSE regulations on meal periods to be enacted before the end of that month. Continued on page 4 3

4 Continued from page 3 WHAT EMPLOYERS SHOULD DO: THE NECESSITY OF AN INTERNAL AUDIT In light of the ongoing uncertainty over meal period requirements, employers are advised to continue following the DLSE s prior interpretation of the meal period requirements and ensure that employees begin any required uninterrupted meal period before the fifth hour of work is completed. The DLSE has the authority to interpret the law for enforcement purposes and to investigate employment records and worksites to determine if employers are complying with the meal period requirements. It is therefore critically important that employers be prepared for a DLSE examination of their records and personnel practices. By conducting an internal audit of wage and hour law compliance before an investigator knocks at the facility door, employers can address and remedy vulnerabilities that an audit might reveal. As part of an internal audit, the employer s policies and procedures should be reviewed for compliance with current law and regulations, those areas identified as hot spots should be closely examined, and any irregularities should be corrected. Jackson Lewis attorneys are available to assist employers conduct an internal compliance audit of wage-hour practices and to modify practices and policies that create vulnerabilities. Employers who wish further information on wage-hour audits or meal period requirements should contact the Jackson Lewis attorney with whom they regularly work, or partners Jamerson Allen (San Francisco Office; ; Robert Pattison (San Francisco Office; ; Jonathan Siegel (Los Angeles Office; ; Robert Vogel (Los Angeles Office; ; or Jennifer Brown Shaw (Sacramento Office; ; Benefits from Golden State s Paid Family Leave Program Are Taxable on Federal Returns The Internal Revenue Service has ruled that the payments received under California s Paid Family Leave insurance program are taxable for federal income tax purposes. According to the IRS, Family Temporary Disability Insurance payments (also known as Paid Family Leave) are in the nature of unemployment compensation under Section 85 of the Internal Revenue Code. California s Employment Development Department must report the FTDI payments to the IRS on a Form 1099G and, for federal tax purposes, FTDI payments must be included in a claimant's gross income. The benefits, however, are not subject to California income tax under Revenue and Taxation Code [EDD News Release 04-51, 12/14/04]. Recipients of benefits under the Paid Family Leave program received a letter with their benefits checks informing them that the IRS might consider the payments taxable income. Additional steps are being taken to notify claimants that the Forms 1099 they receive this year will reflect the taxable income. For some, the fact that the Paid Family Leave program is employee-funded may reduce the amount of FTDI payments that must be included in the gross income of the claimant (IRS regulation 26 Code of Federal Regulations (b)(1)(iii)). Claimants should contact the IRS or their tax advisor to obtain additional information. The Paid Family Leave Program California s Paid Family Leave program was enacted in 2002 and is part of the State Disability Insurance program covering approximately 13 million workers. Employees began contributing toward Paid Family Leave in January 2004 and became eligible to collect benefits July 1, The program pays up to six weeks of benefits in a 12-month period to workers who take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a new child. Parents are eligible for benefits within one year of the birth, adoption, or foster care placement. Individuals cannot receive Paid Family Leave while receiving SDI, unemployment insurance, or workers compensation benefits. 4

5 Paid Family Leave is funded through employee contributions to the SDI program. To cover the initial cost, the SDI employee contribution rate increased by.08 percent on a worker s taxable wages in 2004 and The program does not provide job protection or return rights. However, claimants may be protected under the federal Family and Medical Leave Act and the California Family Rights Act, if they have worked for their employer for a least one year, and the business has 50 or more employees within 75 miles of their work site. Jackson Lewis California PFL Task Force If your company has questions about PFL or the integration of PFL into its current leave management practices, please contact one of the members of our California PFL task force listed below, or the Jackson Lewis attorney with whom you regularly work. San Francisco: Michael J. Lotito, (415) , Jamerson C. Allen, (415) , Nancy L. O Neill, (415) , Los Angeles: Mark R. Attwood, (213) , Angela M. Duerden, (213) , Sacramento: Jennifer Brown Shaw, (916) , LITIGATION Supreme Court Keeps Hands Off Berkeley Wage Law In January, 2005, the U.S. Supreme Court, without comment, declined to review a 2-1 decision of the U. S. Court of Appeals for the Ninth Circuit, allowing the City of Berkeley to extend its living wage ordinance only to businesses in the City s marina employing at least six workers and having gross annual sales of $350,000. The extension drew cries of unconstitutionality from the only business it affected RUI One Corporation s Skates on the Bay restaurant, a nonunion concern. All other marina tenants were unionized and therefore exempt from the ordinance [RUI One Corp. v. City of Berkeley California, No ]. Although the minimum wage in California is $6.75 per hour, Berkeley s living wage ordinance entitled workers with health insurance to $9.75 per hour and workers without such insurance to $11.37 per hour. RUI One accused Berkeley of amending the ordinance to provide support to a union involved in a labor dispute at the Marina. Jackson Lewis filed a friend of the court brief on behalf of a coalition of business associations, and argued that a local government s motivation is relevant when it passes a law targeting one or a few select businesses. San Francisco managing partner D. Gregory Valenza, who prepared the brief, is concerned that the Ninth Circuit ruling may give local governments carte blanche to single out a particular business for adverse treatment. As he told the San Francisco Chronicle, stretched to its conclusion, the decision could result in quite a bit of mischief since it casts a shadow upon the ability of businesses to rely on the terms of contracts with state and local governments. For more information on this litigation, please contact D. Gregory Valenza, at (415) , Jury May Consider Employer s Creative Necessity Defense Against Sexual Harassment Claim Considering an unusual defense to a sexual harassment claim, the California Court of Appeal ruled an employee need not show the harassing conduct was directed at the employee personally, but must prove only that she or he witnessed the harassing conduct and it was in her or his immediate work environment. However, if the acts otherwise constituting harassment are within the scope of necessary job performance, a jury may consider the employer s creative necessity argument as a factor in deciding whether a hostile work environment existed. [Lyle v. Warner Brothers Television Productions, 117 Cal. App. 4th 1164, 12 Cal. Rptr. 3d 511 ( )]. The case arose from the television show Friends after an African-American woman was hired to work as a writer s assistant. She had complained there were no black characters and that the writers 5

6 subjected her to racial and sexual harassment through offensive and bigoted comments and jokes. Following her termination for poor job performance, the producers and writers maintained that even if she could prove offensive and bigoted comments and jokes were made in her presence during writers meetings, the comments and jokes weren t pervasive or severe enough to create a hostile work environment. The producers and writers also claimed that lewd, crude, and vulgar jokes and comments in the writers room were indispensable to writing for the television show. The terminated employee subsequently sued various organizations and individuals involved in the production and writing of Friends under the California Fair Employment and Housing Act, claiming race and gender discrimination, racial and sexual harassment, retaliation for opposing racial discrimination, and wrongful termination. The trial court ruled in favor of the defendants without sending the case to trial, holding the plaintiff could not factually establish her claims of racial and gender discrimination, retaliation, or harassment as to any defendant. The California Court of Appeal reversed the trial court s finding relating to the sexual harassment claim. The court rejected the defendant s argument that to establish sexual harassment, the woman must be able to show that the allegedly harassing conduct was directed at her personally. According to the appellate court, a woman may be the victim of sexual harassment if she is forced to work in an atmosphere of hostility or degradation of her gender. In this case, the woman s job demanded that she attend meetings in the writers room where the alleged harassment occurred. The court said that all she had to do to state a cause of action for sexual harassment was establish that she witnessed the harassing conduct and that it was in her immediate work environment. The court also rejected the defendants claim that their treatment of her just like one of the guys was not discrimination based on her sex. The FEHA, said the court, is not a fault-based scheme, and unlawful sexual harassment can occur even when the harassers do not realize the offensive nature of their conduct nor intend to harass the victim. Unique Argument The writers and producers admitted that, while they were in the writers room, they used vulgar and crude language, talked about their sex lives and fantasies, and made crude bodily gestures to indicate self-gratification. However, in what the court called an argument unique in the annals of sexual harassment litigation the defendants said they were just doing their jobs which involved generating ideas for stories, jokes, and dialogue, often containing sexual innuendos and adult humor. The court said this argument was not entirely without merit and that the defendants might be able to convince a jury the artistic process necessitated conduct that might be unacceptable in other contexts but was within the scope of necessary job performance. Accordingly, the court sent the case back for determination by a jury. Pacific Northwest News and Views Top Washington Court Rules Arbitration Agreement May Be Severed to Be Enforceable In a pair of decisions that should gratify Washington employers, the state s highest court has ruled that substantively unconscionable provisions in a mandatory arbitration agreement may be severed, and the remainder of the agreement enforced, if the unconscionable provisions do not pervade the agreement. The court reached its decision in two companion employment discrimination cases involving employees who signed mandatory arbitration agreements as a condition of their employment [Zuver v. Airtouch Communications, Inc., Wash. Sup. Ct. No ( ) and Adler v. Fred Lind Manor, Wash. Sup. Ct. No ( )]. In the Zuver case, the plaintiff was diagnosed with fibromyalgia before joining the company as a sales representative. Her condition worsened after she was hired, and she requested an accommodation to work part time from her home. She was permitted to work part time but not at home. When her condition deteriorated, she went on medical leave, but subsequently was terminated from employment. 6

7 In the Adler case, a Polish immigrant worked as a maintenance man at a senior citizens living center for nine years when he injured his back on the job. After sustaining additional injuries and filing a claim with the state s Department of Labor and Industries, he was fired for inability to perform all maintenance aspects and was replaced by a younger male employee. Both individuals ultimately sued their employers for a variety of discriminatory employment practices under the Washington Law Against Discrimination in superior court. Both employers maintained that the claims had to be submitted to arbitration and moved to compel arbitration and stay the proceedings. The trial court granted both employers motions to end the litigation, after which both plaintiffs sought discretionary Supreme Court review, contending that their respective arbitration agreements were unenforceable because they were procedurally and substantively unconscionable. The Washington Supreme Court noted the difference between agreements that are unconscionable based on substance and unconscionable based on procedure. Applying each line of analysis, the high court rejected the disability claimant s argument that the agreement was procedurally unconscionable. The court found she had a meaningful choice as to whether to sign the agreement: the agreement s terms were fully disclosed, and she had a reasonable opportunity to consider them. The court then found the agreement s confidentiality provision and punitive or exemplary damages provisions were substantively unconscionable. However, the agreement contained a severability clause that limited the unenforceability of the agreement to the invalid provisions. Ultimately, the court ruled the severability provision should be given effect, the unconscionable provisions excised, and the remainder of the agreement enforced. In the second case, the maintenance man argued that the arbitration agreement with his former employer was both procedurally and substantively unconscionable. The court found the agreement s attorney fees and 180-day limitations provisions were substantively unconscionable but that the invalid provisions could readily be severed and the remainder of the arbitration agreement enforced. In addition, the court sent the case back to the trial court to resolve whether the agreement contained procedurally unconscionable provisions. The end result was that, despite the unconscionable provisions in both arbitration agreements, the invalid portions were severable, and both parties ultimately were compelled to arbitrate their discrimination claims. For more information, or if you have questions, please contact Kathryn Bradley in our Seattle office, at (206) , New Minimum Wage Levels in Alaska, Oregon and Washington The start of 2005 marks increased minimum wages for several West Coast states: Alaska As of January 1, the state s minimum wage rose to $7.15. Oregon The minimum wage as of January 1 is $7.25. The rate is adjusted annually for inflation by a calculation using the U.S. City Average Consumer Price Index (CPI). Washington Effective January 1, 2005, the minimum wage increased to $7.35. The State s Department of Labor and Industries adjusts the minimum wage each year based on changes in the federal CPI for Urban Wage Earners and Clerical Workers during the 12-month period ending each August 1. The state minimum wage applies to agricultural and nonagricultural jobs. Federal Minimum Wage The federal minimum wage is presently $5.15 per hour for covered, nonexempt employees. Under the Fair Labor Standards Act, when federal and state laws differ, the higher standard applies. 7

8 California Workplace Law Breakfast Series The Jackson Lewis Workplace Law Breakfast Series offers interactive workshops for all decision makers with employee relations responsibilities. In-house counsel, human resources and employee relations professionals, and risk management executives should plan to attend and discuss issues specific to their needs and concerns. All of the following workshops will be held from 8:00am to 10:30am PT, on the dates and locations indicated. California Compliance Du Jour: Wage-Hour, Mandatory Sexual Harassment Training and EPLI Implications This interactive two-hour workshop will cover: - Developing a Strategy for Complying With California's New Mandatory Sexual Harassment Training - The Most Common California Labor Code Violations: Developing a Self-Audit To Ensure Your Organization Is Compliant - Best Practices for Recordkeeping, Timekeeping and Handbook/Policy Reviews - EPL Insurance Implications Sacramento, March 2 Berkeley, March 8 Santa Monica, March 23 Details at /events/event.cfm?elid=374 Presents WORKPLACE LAW Critical Issues in Employment Law BREAKFAST Sacramento Mar. 2, Jun. 7, Sept. 13 Berkeley Mar. 8, May 17, Sept. 20 Santa Monica Mar. 23, May 24, Oct. 24 Each program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at SERIES California Leaves and the New Workers' Compensation Reforms This workshop will deal with The California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL): - Is Your Organization Properly Managing Medical Leaves? - AB 205 and Domestic Partner Coverage: Do You Understand the Impact of AB 205 on Your Organization s Leave Policies? - Paid Family Leave (PFL): Where Does it Fit In and What Are Your Obligations? - Workers Compensation Reform: What Does it Mean to Your Organization? Berkeley, May 17 Santa Monica, May 24 Sacramento, June 7 Details at /events/event.cfm?elid=378 Collective Actions Against California Employers: How to Avoid Them This workshop will cover: - Class Action Update: Changes Made to California's Unfair Competition Law, and What's Left of California's Bounty Hunter Law Sacramento, September 13 Berkeley, September 20 Santa Monica, October 4 Details at /events/event.cfm?elid=381 For more information on these workshops or to register, contact Laurie Armstrong, Jackson Lewis LLP. Phone: (415) , Fax: (415) , 8

Undocumented Workers Employment Rights

Undocumented Workers Employment Rights Undocumented Workers Employment Rights YOUR LEGAL RIGHTS 1. What legal rights do I have as an undocumented worker? With a few exceptions, undocumented workers enjoy the legal rights and remedies provided

More information

Mandatory Harassment Prevention Training

Mandatory Harassment Prevention Training Mandatory Harassment Prevention Training By: CalChamber Employment Law Counsel What You Should Know About AB 1825 Training Mandates Complying with California employment law can be complicated. Even the

More information

CALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS

CALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS CALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS BONNIE GLATZER, ESQ. PAUL LYND, ESQ. APRIL 8, 2015 BACKGROUND First paid sick leave mandate with San Francisco s Proposition F in 2006 Other

More information

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw.

LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE. Timothy L. Davis. Burke, Williams & Sorensen, LLP www.bwslaw. LABOR AND EMPLOYMENT LAW UPDATE FOR MAY 2016 LEAGUE OF CALIFORNIA CITIES CONFERENCE Timothy L. Davis Burke, Williams & Sorensen, LLP www.bwslaw.com OVERVIEW FOR 2016 UPDATE Labor Law Court Decisions Employment

More information

Participation on University of California Employment Practices Liability Program Defense Panel for UC Davis and UC Davis Health Systems Application

Participation on University of California Employment Practices Liability Program Defense Panel for UC Davis and UC Davis Health Systems Application THE REGENTS OF THE UNIVERSITY OF CALIFORNIA OFFICE OF THE GENERAL COUNSEL BERKELEY * DAVIS * IRVINE * LOS ANGELES * MERCED * RIVERSIDE * SAN DIEGO * SAN FRANCISCO SANTA BARBARA * SANTA CRUZ 1111 Franklin

More information

New California Legislation Mandates Paid Sick Days for Employees.

New California Legislation Mandates Paid Sick Days for Employees. Client Alert Employment September 19, 2014 New California Legislation Mandates Paid Sick Days for Employees. By Paula M. Weber, Laura K. Latham, Thomas N. Makris, and Erica N. Turcios This client alert

More information

Presenting CalChamber s California Harassment Prevention OnlineTraining

Presenting CalChamber s California Harassment Prevention OnlineTraining Presenting CalChamber s California Harassment Prevention OnlineTraining What you should know about AB 1825 training mandates Complying with California employment law can be complicated. There are so many

More information

FEHC Regulations for AB1825 Prevention of Sexual Harassment Training

FEHC Regulations for AB1825 Prevention of Sexual Harassment Training FEHC Regulations for AB1825 Prevention of Sexual Harassment Training The following discusses the requirements of AB 1825 (Gov Code section 12950.1) as clarified by the Fair Employment & Housing Commission

More information

Recover Your. Unpaid Wages. Commissioner s Office

Recover Your. Unpaid Wages. Commissioner s Office Recover Your Unpaid Wages With the California Labor Commissioner s Office The Labor Commissioner s Office, also called the Division of Labor Standards Enforcement (DLSE), is a part of the California Department

More information

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013.

PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. PLEASE NOTE: THIS POLICY WILL END EFFECTIVE NOVEMBER 10, 2013 AND WILL BE REPLACED BY THE INTERACTIVE RESOLUTION POLICY ON NOVEMBER 11, 2013. TOYOTA ASSOCIATE DISPUTE RESOLUTION ( T-ADR ): Summary Description

More information

As a current or former non-exempt PPG employee, you may be entitled to receive money from a class action settlement.

As a current or former non-exempt PPG employee, you may be entitled to receive money from a class action settlement. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING DATE FOR COURT APPROVAL Penaloza, et al., v. PPG Industries, Inc., Case No. BC471369 As a current or former non-exempt PPG employee, you may be entitled

More information

DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL

DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL Personnel Directive Subject: PROCEDURE FOR PREVENTING AND/OR RESOLVING PROBLEMS RELATED TO SEXUAL HARASSMENT ADOPTED BY THE BOARD OF PUBLIC WORKS, CITY OF LOS

More information

Legislative Update: Labor Code Private Attorneys General Act

Legislative Update: Labor Code Private Attorneys General Act Legislative Update: Labor Code Private Attorneys General Act By Christopher W. Olmsted, Attorney Recent legislation signed into law by Gray Davis in his waning days as governor will radically increase

More information

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Michael W. Garrison, Jr. O Melveny & Myers LLP Harold M. Brody Proskauer Rose LLP 0 Preliminary

More information

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP

More information

KNOW YOUR RIGHTS GUIDE MAY 2013

KNOW YOUR RIGHTS GUIDE MAY 2013 KNOW YOUR RIGHTS PREGNANCY DISCRIMINATION KNOW YOUR RIGHTS GUIDE MAY 2013 Family and Medical Leave/ In California, you have the right to take unpaid pregnancy disability leave at any time during your pregnancy,

More information

Chapter 07300 and 07400 SUPERSEDES MANAGEMENT BULLETIN 99-09

Chapter 07300 and 07400 SUPERSEDES MANAGEMENT BULLETIN 99-09 STATE OF CALIFORNIA DATE: 07/23/03 NO. 03-07 EXPIRES: Indefinite DEPARTMENT OF JUSTICE JUS 400 (REVISED 7/85) DISTRIBUTION: A - MANAGEMENT MANAGEMENT BULLETIN B - MGMT & SUPERVISORY X C - ALL EMPLOYEES

More information

SEXUAL HARASSMENT DISCRIMINATION COMPLAINT PROCEDURE

SEXUAL HARASSMENT DISCRIMINATION COMPLAINT PROCEDURE SEXUAL HARASSMENT DISCRIMINATION COMPLAINT PROCEDURE The policy of the City of Los Angeles is to promote and maintain a working environment free of sexual harassment, intimidation, and coercion. Sexual

More information

Labor & Employment Law Update

Labor & Employment Law Update , California 90071, California 92260-4305 Wrongful Termination/Retaliation for First Quarter 2007 WRONGFUL TERMINATION Catherine Coble, Esq. Public employer has immunity against direct liability for wrongful

More information

Labor Relations Glossary of Terms

Labor Relations Glossary of Terms Labor Relations Glossary of Terms Access The right to come into; approach employees; or use university property. The law seeks to strike a balance between employee rights to form, join, and participate

More information

COUNTY OF RIVERSIDE, CALIFORNIA BOARD OF SUPERVISORS POLICY. Policy Subject: Number Page. HARASSMENT POLICY AND COMPLAINT PROCEDURE C-25 1 of 3

COUNTY OF RIVERSIDE, CALIFORNIA BOARD OF SUPERVISORS POLICY. Policy Subject: Number Page. HARASSMENT POLICY AND COMPLAINT PROCEDURE C-25 1 of 3 HARASSMENT POLICY AND COMPLAINT PROCEDURE C-25 1 of 3 PURPOSE: The purpose of this policy is to establish a strong commitment to prohibit and to prevent unlawful harassment in employment, and to set forth

More information

Fair Employment and Housing Commission. Text of Modified Regulations. 7288.0 Sexual Harassment Training and Education

Fair Employment and Housing Commission. Text of Modified Regulations. 7288.0 Sexual Harassment Training and Education STATE OF CALIFORNIA - STATE AND CONSUMER SERVICES AGENCY FAIR EMPLOYMENT & HOUSING COMMISSION 455 GOLDEN GATE AVENUE, SUITE 10600 SAN FRANCISCO, CA 94102-3660 TEL: (415) 557-2325 FAX: (415) 557-0855 www.fehc.ca.gov

More information

Make Job Descriptions ADA- Ready: California HR s How-To for Defining Essential Functions

Make Job Descriptions ADA- Ready: California HR s How-To for Defining Essential Functions Make Job Descriptions ADA- Ready: California HR s How-To for Defining Essential Functions Presented by: Michelle Lee Flores and Tamara L. Devitt Fisher & Phillips LLP Monday, July 30, 2012 10:30 a.m. to

More information

Sexual Harassment, Prevention and California Law

Sexual Harassment, Prevention and California Law Sexual Harassment, Prevention and California Law Sexual Harassment in the Workplace Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CHRISTOPHER LEVANOFF; ALISON DIAZ; ANDREW GAXIOLA; JENNA STEED; ROES 1 through 25, inclusive, as individuals and on behalf of all similarly situated

More information

By: Gerald M. Richardson

By: Gerald M. Richardson MANAGING THE RISKS POSED BY THE THREE PUBLIC POLICY WRONGFUL DISCHARGE CASES RECENTLY DECIDED BY THE MISSOURI SUPREME COURT By: Gerald M. Richardson I. An At Will Employee Can Sue His Employer on a Claim

More information

Basic Provisions of California s AB 1825

Basic Provisions of California s AB 1825 Legal Brief: AB 1825 Sexual Harassment Training Mandates AB 1825 (California s sexual harassment training law) is the first law of its kind to actually detail the requirements for effective sexual harassment

More information

Annual Legal Update for California Independent Schools

Annual Legal Update for California Independent Schools 6033 WEST CENTURY BOULEVARD, 5 TH FLOOR LOS ANGELES, CALIFORNIA 90045 T: (310) 981-2000 F: (310) 337-0837 153 TOWNSEND STREET, SUITE 520 SAN FRANCISCO, CALIFORNIA 94107 T: (415) 512-3000 F: (415) 856-0306

More information

EmploymEnt law. www.mpplaw.com

EmploymEnt law. www.mpplaw.com EmploymEnt law 360 www.mpplaw.com about our practice morris polich & purdy s Employment Law attorneys provide full service employment representation to public and private employers of all sizes, from

More information

California s New Worker Protections Against Retaliation OCTOBER 2013

California s New Worker Protections Against Retaliation OCTOBER 2013 NELP National Employment Law Project FACT SHEET California s New Worker Protections Against Retaliation OCTOBER 2013 In October 2013, California passed three bills, AB 263, AB 524, and SB 666, into law.

More information

FORM INTERROGATORIES EMPLOYMENT LAW

FORM INTERROGATORIES EMPLOYMENT LAW ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT

More information

August 2007 Education and Membership Development Department

August 2007 Education and Membership Development Department August 2007 Education and Membership Development Department Table of Contents Title VII of the Civil Rights Act of 1964 3 What is Sexual Harassment? 3 4 How Can Sexual Harassment Occur? 4 5 When is an

More information

National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act

National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act October 16, 2006 In a recent decision potentially affecting all companies that use mandatory

More information

Some Labor and Employment Developments Affecting the Restaurant Industry

Some Labor and Employment Developments Affecting the Restaurant Industry Some Labor and Employment Developments Affecting the Restaurant Industry 1. As Wage and Hour Lawsuits Continue to Increase, Restaurant Owners Consider Payment Options Other Than Tipping. Wage and hour

More information

Federal Law on Steroids

Federal Law on Steroids Federal Law on Steroids California Discrimination and Harassment Laws Brian S. Inamine, Esq. and Philip J. Bonoli, Esq. LeClairRyan - Los Angeles Office Important for HRCI Credits You must be logged in

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 741. Short Title: Shift Workers' Bill of Rights. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 741. Short Title: Shift Workers' Bill of Rights. (Public) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H 1 HOUSE BILL 1 Short Title: Shift Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Baskerville, Harrison, and Fisher (Primary

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT By: Benjamin D. Briggs Anna C. Curry TROUTMAN SANDERS LLP 600 Peachtree Street NE Bank of America Plaza, Suite 5200 Atlanta, Georgia

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CONSENT DECREE. Introduction

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CONSENT DECREE. Introduction IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, et al, ) ) Plaintiff, ) ) Case No. 04-4126 ) THE VANGUARD GROUP, INC. ) ) Defendant.

More information

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

More information

Avoiding Retaliation Claims from Whistleblowers

Avoiding Retaliation Claims from Whistleblowers Avoiding Retaliation Claims from Whistleblowers Christopher L. Ottele Husch Blackwell LLP WHAT IS A WHISTLEBLOWER? What is a Whistleblower? Securities Laws Whistleblowers disclose information reasonably

More information

D.C., A MINOR V. HARVARD-WESTLAKE SCH., 98 Cal. Rptr. 3d 300. Plaintiff D.C., a student, appealed a Los Angeles Superior Court decision in favor of

D.C., A MINOR V. HARVARD-WESTLAKE SCH., 98 Cal. Rptr. 3d 300. Plaintiff D.C., a student, appealed a Los Angeles Superior Court decision in favor of D.C., A MINOR V. HARVARD-WESTLAKE SCH., 98 Cal. Rptr. 3d 300 Raquel Rivera Rutgers Conflict Resolution Law Journal November 22, 2010 Brief Summary: Plaintiff D.C., a student, appealed a Los Angeles Superior

More information

Arbitration Issues and Updates

Arbitration Issues and Updates Arbitration Issues and Updates presented by Jenna H. Leyton-Jones, Esq. jleyton@pettitkohn.com (858) 509-5696 www.pettitkohn.com Federal Arbitration Act (FAA) Enacted in 1925 Section 2: a written provision

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

Recent Developments in California Employment Law

Recent Developments in California Employment Law Recent Developments in California Employment Law By: D. Gregory Valenza and Jennifer Brown Shaw Recent developments in labor and employment law will keep employers and their lawyers busy. According to

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

More information

CITY OF LOS ANGELES SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION DISCRIMINATION COMPLAINT PROCEDURE

CITY OF LOS ANGELES SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION DISCRIMINATION COMPLAINT PROCEDURE CITY OF LOS ANGELES SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION DISCRIMINATION COMPLAINT PROCEDURE The policy of the City of Los Angeles has been, and will continue to be, to promote and

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE B198883

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE B198883 Filed 2/28/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE MICHAEL J. HARRINGTON, Plaintiff and Appellant, v. B198883 (Los Angeles

More information

This case challenged the constitutionality of California s Proposition 8.

This case challenged the constitutionality of California s Proposition 8. BRIEFING JUNE 2013 UNITED STATES SUPREME COURT ISSUES RULINGS ON DOMA AND PROPOSITION 8 CASES On June 26, 2013, the United States Supreme Court issued decisions in two cases affecting the legal definition

More information

Submit a Valid Claim Form Deadline: February 12, 2016 Ask to be excluded Deadline: November 24, 2015. Object Deadline: November 24, 2015

Submit a Valid Claim Form Deadline: February 12, 2016 Ask to be excluded Deadline: November 24, 2015. Object Deadline: November 24, 2015 NOTICE OF CLASS ACTION SETTLEMENT California Superior Court, County of Los Angeles IF FIRE INSURANCE EXCHANGE APPLIED DEPRECIATION WHEN CALCULATING A PAYMENT MADE TO YOU ON A PROPERTY LOSS INSURANCE CLAIM,

More information

So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective

So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective Presented by Kyle Kring and Laura Hess Kring & Chung, LLP 2014 California HR Conference August

More information

New York s New Wage Theft Law: What It Means, and What To Do Now

New York s New Wage Theft Law: What It Means, and What To Do Now March 2011 New York s New Wage Theft Law: What It Means, and What To Do Now BY ALLAN S. BLOOM & REBECCA E. RAISER The New York Wage Theft Prevention Act (the WTPA ) takes effect on April 9, 2011. The new

More information

Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014

Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014 Title Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014 1. Purpose The SCA is committed to providing

More information

a modified work schedule; changes in start and/or end times for work; part-time employment; job sharing arrangements; working from home;

a modified work schedule; changes in start and/or end times for work; part-time employment; job sharing arrangements; working from home; New San Francisco Ordinance Grants Protected Status to Caregivers and Allows Them to Request Flexible Work Arrangements: Will Its Provisions Spread to Other Jurisdictions? BY THOMAS E. GEIDT November 2013

More information

COUNTY OF LOS ANGELES POLICY OF EQUITY

COUNTY OF LOS ANGELES POLICY OF EQUITY COUNTY OF LOS ANGELES POLICY OF EQUITY Effective July 1, 2011 THE POLICY All Los Angeles County (County) employees are required to conduct themselves in accordance with the entirety of this County Policy

More information

CERTIFICATIONS IN HUMAN RESOURCES» PHR-CA/SPHR-CA THE CALIFORNIA HR CERTIFICATION PHR-CA /SPHR-CA EXAM CONTENT OUTLINE

CERTIFICATIONS IN HUMAN RESOURCES» PHR-CA/SPHR-CA THE CALIFORNIA HR CERTIFICATION PHR-CA /SPHR-CA EXAM CONTENT OUTLINE CERTIFICATIONS IN HUMAN RESOURCES» PHR-CA/SPHR-CA THE CALIFORNIA HR CERTIFICATION PHR-CA /SPHR-CA EXAM CONTENT OUTLINE CALIFORNIA CERTIFICATION EXAM CONTENT OUTLINE AT-A-GLANCE CALIFORNIA CERTIFICATION

More information

California Wage and Hour Record Keeping Requirements

California Wage and Hour Record Keeping Requirements California Wage and Hour Record Keeping Requirements FEATURED FACULTY: Robert ( Bob ) Jones, Shareholder, Ogletree, Deakins, Nash, Smoak, and Stewart, P.C. (415) 536-3420 robert.jones@ogletreedeakins.com

More information

Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia. U.S. Equal Opportunity Commission 1

Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia. U.S. Equal Opportunity Commission 1 Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia U.S. Equal Opportunity Commission 1 What is The Equal Employment Opportunity Commission? What are the Federal Laws Prohibiting Job Discrimination?

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 5/28/15 Lopez v. Fishel Co. CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

U.S. BANK CLASS ACTION NOTICE OF SETTLEMENT

U.S. BANK CLASS ACTION NOTICE OF SETTLEMENT U.S. BANK CLASS ACTION NOTICE OF SETTLEMENT If you are or were employed by U.S. BANK, N.A. as an In-Store Banker 1, In-Store Banker 2, Senior In-Store Banker 1, and/or Senior In-Store Banker 2 at In-Store

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CONSENT DECREE. Introduction

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CONSENT DECREE. Introduction r S9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, CIVIL ACTION NO.: 07-cv-2179 Honorable Paul S. Diamond TROPIANO TRANSFORATION

More information

HIV/AIDS DISCRIMINATION

HIV/AIDS DISCRIMINATION HIV/AIDS DISCRIMINATION Are You Breaking The Law? HALSA HIV & AIDS Legal Services Alliance Produced by the City of Los Angeles Department on Disability, AIDS Coordinator s Office HIV/AIDS DISCRIMINATION

More information

California Employment Law Newsletter. What s New for California Employers?

California Employment Law Newsletter. What s New for California Employers? LYNCH, GILARDI & GRUMMER A Professional Corporation ATTORNEYS AT LAW SINCE 1978 California Employment Law Newsletter What s New for California Employers? NEW YEAR S 2007 EDITION Ronald J. Souza Lynch,

More information

You Are Served : Litigation In The Workplace

You Are Served : Litigation In The Workplace You Are Served : Litigation In The Workplace Presented by: Wendy J. Mellk, Esq. Jackson Lewis LLP 58 South Service Rd., Ste. 410 Melville, NY 11747 (631) 247-0404 mellkw@jacksonlewis.com Copyright 2008

More information

Revised 18 January 2013. The University of Texas at Austin University Compliance Services

Revised 18 January 2013. The University of Texas at Austin University Compliance Services The University of Texas at Austin University Hello and welcome. This portion of the Compliance Program will introduce you to the topic of Employment Discrimination, and the University's policies and procedures

More information

APPLICATION FOR EMPLOYMENT PRACTICES LIABILITY INSURANCE

APPLICATION FOR EMPLOYMENT PRACTICES LIABILITY INSURANCE APPLICATION FOR EMPLOYMENT PRACTICES LIABILITY INSURANCE INSTRUCTIONS: 1. Answer all questions (if not applicable, show N/A) and attach all additional information/explanations as required. 2. Applications

More information

Charge / Complaint Processing At the EEOC and the DFEH

Charge / Complaint Processing At the EEOC and the DFEH Charge / Complaint Processing At the EEOC and the DFEH Since you believe you have been discriminated or retaliated against on the basis of a protected characteristic, you should become aware of the following

More information

Employment Practices Liability Insurance Claims are on the rise. Are you protected?

Employment Practices Liability Insurance Claims are on the rise. Are you protected? Employment Practices Liability Insurance Claims are on the rise. Are you protected? Administered by Cooper & McCloskey Inc. What is Employment Practices Liability Insurance (EPLI)? (EPLI) protects companies

More information

California Supreme Court Issues Ruling in Brinker Clarifying Employers Duty to Provide Meal and Rest Breaks to Hourly Employees

California Supreme Court Issues Ruling in Brinker Clarifying Employers Duty to Provide Meal and Rest Breaks to Hourly Employees APRIL 13, 2012 CALIFORNIA EMPLOYMENT & LABOR UPDATE California Supreme Court Issues Ruling in Brinker Clarifying Employers Duty to Provide Meal and Rest Breaks to Hourly Employees In one of the most anticipated

More information

GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE

GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE ANDREW M. CUOMO Governor HELEN DIANE FOSTER Commissioner GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE STATUTORY REQUIREMENTS Sex discrimination is unlawful pursuant to the New York

More information

EMPLOYER S LIABILITY FOR SEXUAL HARASSMENT BY SUPERVISORS. Charges of Sexual Harassment Are a Small Business Nightmare Statistics Bare This Out.

EMPLOYER S LIABILITY FOR SEXUAL HARASSMENT BY SUPERVISORS. Charges of Sexual Harassment Are a Small Business Nightmare Statistics Bare This Out. EMPLOYER S LIABILITY FOR SEXUAL HARASSMENT BY SUPERVISORS Charges of Sexual Harassment Are a Small Business Nightmare Statistics Bare This Out. Last year, 15,222 charges of sexual harassment were filed

More information

LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283

LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283 LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283 INFORMATION ABOUT CLIENT REPRESENTATION Thank you for considering retaining the Law Office

More information

LABOR AND EMPLOYMENT LAW UPDATE

LABOR AND EMPLOYMENT LAW UPDATE LABOR AND EMPLOYMENT LAW UPDATE John A. Ontiveros, Esq. League of Cities Conference May 6, 2011 TOPICS WE RE COVERING TODAY The Cat s Paw Case Third-party retaliation Accommodation under the FMLA (burden

More information

Supreme Court of the United States

Supreme Court of the United States No. 06-1085 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- ROBERT J. AYERS,

More information

Workplace Harassment

Workplace Harassment Workplace Harassment In 2012 alone, the US Equal Employment Opportunity Commission ordered that $365,400,000 (that s 365.4 million dollars!) be paid out for discrimination and harassment charges. No wonder

More information

The Basics of Sexual Harassment

The Basics of Sexual Harassment The Basics of Sexual Harassment Sexual Harassment is a violation both of Federal Law and the laws of most states. For employers, it is fairly easy to take steps to prevent sexual harassment and to defeat

More information

General Information and Instructions Civil Rights Division Questionnaire and Complaint

General Information and Instructions Civil Rights Division Questionnaire and Complaint General Information and Instructions Civil Rights Division Questionnaire and Complaint A. What We Investigate We investigate allegations of employment discrimination or retaliation and any supporting substantial

More information

IT IS RECOMMENDED THAT THE BOARD:

IT IS RECOMMENDED THAT THE BOARD: May 05, 2015 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 14 May 5, 2015 Dear Supervisors: AUTHORIZATION

More information

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Procopio s Annual Labor and Employment Seminar 11.17.14 Wendy L. Tucker, Senior Counsel One of the Most Challenging Areas in

More information

Minnesota False Claims Act

Minnesota False Claims Act Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

Whistleblower Claims: Are You Covered?

Whistleblower Claims: Are You Covered? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New

More information

INDEPENDENT CONTRACTOR AGREEMENT

INDEPENDENT CONTRACTOR AGREEMENT INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ( Agreement ) is entered between Nordstrom, Inc. ( Nordstrom ), with a business address at 1700 Seventh Avenue, Suite 1000, Seattle,

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VERA WILLNER, ET AL. V. MANPOWER INC., CASE NO. 3:11-CV-02846-JST (MEJ)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VERA WILLNER, ET AL. V. MANPOWER INC., CASE NO. 3:11-CV-02846-JST (MEJ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA VERA WILLNER, ET AL. V. MANPOWER INC., CASE NO. 3:11-CV-02846-JST (MEJ) IMPORTANT: You are not being sued. Please read this Notice carefully.

More information

U.S. Supreme Court Decisions Relating to Same-Sex Marriage

U.S. Supreme Court Decisions Relating to Same-Sex Marriage WISCONSIN LEGISLATIVE COUNCIL INFORMATION MEMORANDUM U.S. Supreme Court Decisions Relating to Same-Sex Marriage Hollingsworth v. Perry challenged California s Proposition 8, the state s constitutional

More information

John S. Adler. Focus Areas. Overview

John S. Adler. Focus Areas. Overview Shareholder 501 W. Broadway Suite 900 San Diego, CA 92101 main: (619) 232-0441 direct: (619) 515-1807 fax: (619) 232-4302 jadler@littler.com Focus Areas Discrimination and Harassment Litigation and Trials

More information

The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today?

The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today? The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today? Steven V. Cates, DBA, SPHR Lynn Machin, Kaplan University, USA ABSTRACT The purpose of this

More information

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL The Superior Court has authorized this notice. This is not a solicitation

More information

Paid Sick Leave Who Gets What, Why & When?

Paid Sick Leave Who Gets What, Why & When? Paid Sick Leave Who Gets What, Why & When? Atkinson, Andelson, Loya, Ruud & Romo Breakfast Briefing Series May 28, 2015 Ontario June 2, 2015 Cerritos June 4, 2015 San Diego June 5, 2015 Costa Mesa June

More information

T.C. Memo. 2012-71 UNITED STATES TAX COURT. SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

T.C. Memo. 2012-71 UNITED STATES TAX COURT. SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent T.C. Memo. 2012-71 UNITED STATES TAX COURT SALVADOR F. NERI AND GUADALUPE NERI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 20420-09. Filed March 15, 2012. 1. Held: Ps have failed

More information

Presented by: Matthew S. Brick Maria E. Brownell Brick Gentry, P.C.

Presented by: Matthew S. Brick Maria E. Brownell Brick Gentry, P.C. Presented by: Matthew S. Brick Maria E. Brownell Brick Gentry, P.C. Two Rules for Today: Rule #1 No Good Deed Goes Unpunished! Two Rules for Today: Rule #2 If It Wasn t Written Down, It Didn t Happen!

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Elizabeth Erickson & Ira B. Mirsky, McDermott Will & Emery, LLP

Elizabeth Erickson & Ira B. Mirsky, McDermott Will & Emery, LLP Tax Consequences of Employment Cases Elizabeth Erickson & Ira B. Mirsky, McDermott Will & Emery, LLP Employment-related litigation is not only a major business concern it involves substantial tax ramifications

More information

Bender s Article on MCAD Sexual Harassment Guidelines. by David B. Wilson 1. Introduction

Bender s Article on MCAD Sexual Harassment Guidelines. by David B. Wilson 1. Introduction Bender s Article on MCAD Sexual Harassment Guidelines The Massachusetts Commission Against Discrimination s Sexual Harassment Guidelines: Blueprint for Proper Behavior in the People s Republic of Massachusetts

More information

MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies

MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies Patrick J. Harvey harveyp@ballardspahr.com Ballard Spahr LLP 215.864.8240 Erin K. Clarke clarkee@ballardspahr.com

More information

Pamela H. Salgado. Focus Areas. Overview

Pamela H. Salgado. Focus Areas. Overview Shareholder One Union Square 600 University Street, Suite 3200 98101 main: (206) 623-3300 direct: (206) 381-4928 fax: (206) 447-6965 psalgado@littler.com Focus Areas Discrimination and Harassment Leaves

More information

The Brach Eichler LLC Employment Group is pleased to provide our clients and contacts with this month s Employment Law Update. HR TIP OF THE MONTH

The Brach Eichler LLC Employment Group is pleased to provide our clients and contacts with this month s Employment Law Update. HR TIP OF THE MONTH Subscribe to our email list July 2012 Matthew M. Collins, Esq. mcollins@bracheichler.com 973.403.3151 Anthony M. Rainone, Esq. arainone@bracheichler.com 973.364.8372 The Brach Eichler LLC Employment Group

More information