Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into law. The bills for his consideration read intersectionality into FEHA protected categories, recast victims’ time off provisions, adjust paid family
Continue Reading Legislative Update: Legislature Hikes the Ball For Signing KickoffCalifornia’s (Modern) Family Leave
Seyfarth Synopsis: In 2020, California enacted SB 1383 which, as of January 1, 2021, amended Government Code section 12945.2 to expand the California Family Rights Act (“CFRA”). These changes will require employers who have been subject to the CFRA to ensure their policies are up to date, as well as bringing new employers into the family of businesses who must
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Fall Into Handbook And Policy Update Season
Seyfarth Synopsis: Although there’s no right or wrong time to do a handbook and policy update, we recommend doing them annually, as California law continually changes. Fall is a good touch point to make changes for the next year start, particularly since new laws typically become effective on January 1.
Though it’s late October, California temperatures just now are dropping
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When Disaster Strikes: How Employers Should Respond to Wildfires
Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law.
Be Prepared.
All employers, not just those in California, must have an Emergency Action Plan (“EAP”) and Fire Prevention Plan (“FPP’).
California regulations state that an EAP should include (1) procedures for emergency evacuation, (2)
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Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers
Seyfarth Synopsis: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San Francisco-style lactation-accommodation requirements. Governor Newsom also vetoed a few bills that we might expect to be re-introduced in the same or similar form during 2020.
Governor Newsom acted
Continue Reading Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers
Is Your Employee As Fit As A Fiddle?
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear that it may be possible to request employees to undergo a medical examination to certify their fitness for duty.
Fitness for
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Leave It To California – Post FMLA/CFRA/PDL Leave and FEHA
Seyfarth Synopsis: When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map.
Remember that early TV sitcom “Leave It To Beaver,” starring Jerry Mathers as the Beaver? “The Beave” constantly got into trouble
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Nip/Tuck Leave: When Employees Take Leave for Elective Procedures
Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of employee leaves for elective medical procedures.
California employers who administer employee leave laws navigate a complicated labyrinth. Employers must consider interactions among federal laws (ADA, FMLA, Title VII),
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The Fault Line Running Under “No Fault” Attendance Policies
Seyfarth Synopsis: Many employers have “no fault” attendance policies in place to manage employee absenteeism. Are these policies putting California employers on shaky ground? Read on….
“No fault” attendance policies are one popular method among employers to, with consistency, counsel, discipline and, in some instances, terminate employees who rack up excessive absences. Under these policies, the reason for the employee’s
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COMING IN 2015: REVISED CFRA REGULATIONS, or “How To Comply With Mandatory Family Leaves in the Golden State”
New guidance on how to comply with the California Family Rights Act (CFRA) is nigh.
On January 13, 2015, the California Fair Employment & Housing Council approved revised regulations interpreting the CFRA, attached here. Procedurally, the regulations now go to the Office of Administrative Law (OAL) for additional consideration and eventual approval. We have it on
Continue Reading COMING IN 2015: REVISED CFRA REGULATIONS, or “How To Comply With Mandatory Family Leaves in the Golden State”