By Laura Maechtlen and Kristen Verrastro
We’ve all been in this situation: you’re trying to get to know someone better, so you ask that person a seemingly innocent question which inadvertently elicits an answer you wish you could have avoided! If this happens in a social setting it’s unlikely to create a big problem, but if this type of scenario
Continue Reading On-Boarding Series: Stay Focused on the Job: Questions to Avoid during Interviews of California Applicants
By Brian Long
The California Supreme Court rarely puts employers in the holiday spirit. But this year, amidst all the lumps of coal that employers could find in the Christmas stocking, there was one treat: Harris v. City of Santa Monica (2013) 56 Cal.4th 203.
In Harris, a unanimous high court held that a “same decision” defense applies to employment
Continue Reading Year-End Round-Up of Employment Cases Pending Before the Cal Supremes
By Aaron Lubeley and Candace Bertoldi
With the holiday season in full swing, there’s a lot of buzz (and confusion) around holiday work and pay requirements in California. Employers often like to be more generous this time of year but many simply are misinformed as to what they must do. Here are seven tips about holiday pay that every employer
Continue Reading It’s Not All Egg Nog and Candy Canes: Filling Employers’ Stockings with Seven Things They Need To Know About Holiday Pay
By: Kristina Launey and Daniel Kim
As noted previously in this space, California already permits employees to take many kinds of protected time off not generally available in other parts of the country. In 2013, California’s Legislature presented workers with even more kinds of legally-protected absences. It is hard to begrudge leaves of absence for crime victims and emergency
Continue Reading ‘Tis the Season… New CA Laws Give Employees More Legally-Protected Time Off
By Dana Peterson and Coby Turner
Depending on your view of the world, California legislators have either implemented much-needed protections for California’s immigrant workforce, or they have given the legislative equivalent of a “gift” to dishonest employees this holiday season. Starting January 1, 2014, workers will have immunity from disciplinary action for providing updated “personal information” to their employer, including,
Continue Reading California Employees Have Even More Protections to be Thankful for This Year
By Simon L. Yang, Myra B. Villamor, and Rishi Puri
Recently, we kicked off the blog series, The Battle After Brinker, to explore the current controversy over the meaning of the California Supreme Court’s decision in Brinker. This week, we examine a recent skirmish—the proceedings that occurred in the Brinker case in the trial court, on
Continue Reading What’s the Point of Having a Lawful Meal-Break Policy? Trial Court Certifies Brinker Meal-Break Class on Remand
By: Lindsay Fitch
Just when you thought you finally understood employee rights and employer obligations under the Family and Medical Leave Act (“FMLA”), you realize that you are in California, where employee privacy rights loom large and the California Family Rights Act (“CFRA”) also comes into play. Although both laws are intended for the same purposes—to provide employees of larger employers with protected time off for various medical conditions and family situations—the CFRA tightens the reins on the information available to the employer. Of course you want to give your employees what they need, but you also want to make sure the request is legitimate.
So, as a California employer, what are you entitled to ask your employee about the need for CFRA leave? Far less than under the FMLA, it turns out. You can ask:
→ Is the employee qualified? Under both the FMLA and CFRA, employees are qualified for leave when they have a serious health condition or when they need to care for a family member with a verified serious health condition. A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves one of the following:
→ How Should I Know? I’m Not a Doctor. Fortunately, you can require a medical certification to verify the serious health condition, which must include some specific information to be sufficient.
Continue Reading Mysterious Leaves of Absence: How Do I Know If An Employee Qualifies For Leave If I Can’t Ask About Their Condition?
It’s here! On April 30, we released the 2013 edition of Cal-Peculiarities: How California Employment Law is Different, the industry’s only annual guide that focuses exclusively on the most vexing aspects of employment law in the country’s most populous state. Authored by Seyfarth’s California Workplace Solutions group, this 262-page guide captures the latest legislative, judicial and regulatory developments which
Continue Reading Seyfarth Shaw’s 2013 Cal-Peculiarities Publication – It’s Here!
As you may know, Seyfarth Shaw is the only firm to publish a book annually that highlights the inevitable changes in California law. We want our blog readers to be the first to hear of the release of the 2013 edition!
California continues to be “where the future happens” for employment law. If your company does business in California, you
Continue Reading Seyfarth Shaw’s 2013 Cal-Peculiarities Publication – Coming Soon!