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California

What kind of pregnancy and family leave rights do gestational surrogates have in California?

12/22/2016
Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?

In contentious times, reaffirm your commitment to diversity

12/22/2016
Now is a good time to consider taking steps to reinforce your commitment to diversity and inclusion.

DOL obtains $866k judgment against bank ESOP fiduciaries

12/22/2016
The U.S. Department of Labor Em­­ployee Benefit Security Administration has obtained a judgment against fiduciaries for the California Pacific Bank’s Employee Stock Ownership Plan after they failed to make employees whole following the plan’s dissolution.

Telling boss about disability counts as official notice

12/22/2016
An employee doesn’t have to tell HR about a disability to gain protection from discrimination. It’s enough for the employee to tell her supervisor.

Is that harassment, or just obnoxious bullying?

12/22/2016
Not every unpleasant workplace incident is grounds for a lawsuit.

Even in California, arbitration agreement can be valid if employee knowingly signed it

12/22/2016
A federal court has ordered an FMLA interference case to be sent to arbitration pursuant to an agreement an employee signed when he was hired.

Timing is everything: Note when you first tell employee about any adverse action

12/22/2016
If you orally inform an employee that she will not be getting a promotion, an accommodation or some other benefit, make sure you note when that happened and what you said.

A kiss is not just a kiss when it’s from the boss, and women don’t have to tolerate it

12/22/2016
Female employees don’t have to put up with workplace behavior that makes them uncomfortable under the pretense of a supervisor being friendly and welcoming.

Ensure demotion has nothing to do with FMLA

12/22/2016
Make sure any demotions that happen to occur during FMLA leave are clearly unrelated to the fact that the employee exercised his FMLA rights.

Tell bosses: Playing ‘FMLA cop’ will backfire

12/22/2016
Be sure supervisors understand they cannot interfere with employees’ FMLA rights—and that any effort that appears intended to block FMLA leave will probably cause legal headaches.