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California

Regardless of prior leave, prepare to offer more time off as a reasonable accommodation

02/21/2018

Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.

Appeals court rules: Discrimination based on employee’s obesity may violate FEHA

02/21/2018

Workers whose obesity has physiological causes are protected from discrimination and harassment under the California Fair Employment and Housing Act. Super­­visors who discriminate against those workers may face liability.

CFRA: Light duty OK following injury

02/21/2018

A California employer didn’t violate the California Family Rights Act when it allowed a worker to return to light-duty work following an on-the-job light injury.

Courts will toss unfair arbitration agreements

02/21/2018

Courts are particularly unlikely to consider an arbitration agreement binding if it appears the employee did not understand what he was signing.

Administration’s immigration wish list could affect employers

01/23/2018

The Trump administration has released a new report on the rulemaking efforts U.S. administrative agencies intend to pursue in the near- and long-term. The Unified Agenda of Regulatory and Deregulatory Actions contains items that, if enacted, could affect employers’ immigration programs.

Settlement in case alleging disability-related questions

01/23/2018

Strataforce, a staffing company that operates in four states including California, has settled charges its hiring procedures violated the ADA.

Cal/OSHA issuing more first-aid kit citations

01/23/2018

The California Division of Occupational Safety and Health—known as Cal/OSHA—is issuing more citations to employers that violate a General Industry Safety Order requiring employers’ first-aid materials to be approved by a consulting physician.

New California law penalizes cooperating with ICE

01/23/2018

California law AB-450, which went into effect Jan. 1, makes it unlawful for employers to consent to give access to “any nonpublic area of a place of labor” to an immigration enforcement agent without a search warrant signed by a judge, or to give access to employee records without a subpoena or a search warrant.

Administrative exemption focuses on core business

01/23/2018

In order to claim a worker is exempt under the administrative exemption of the California Labor Code, an employee must do work directly related to management policies or general business operations of his employer or employer’s customers. Mere support work doesn’t count.

One case, two destinations: Arbitration and court!

01/23/2018

Here’s a decision that may complicate matters for employers that use arbitration agreements to keep employment disagreements out of federal courts.