Under the FEHA, it’s unlawful to discriminate on the basis of race — and SB 188 expands the law to prohibit discrimination against employees and students based on their natural hairstyles. Per the bill, workplace dress codes and grooming policies that prohibit certain hairstyles can have a disparate impact on race and may be a proxy… Read More »
Under current law, individuals have one year to file a complaint with the Department of Fair Employment and Housing (DFEH) for purported FEHA violations, such as discrimination, harassment and retaliation. Failure to comply with this administrative requirement means an individual cannot pursue FEHA claims in court. AB 9 extends the statute of limitations to three… Read More »
NEW EMPLOYEE HANDBOOK REQUIREMENTS FOR EMPLOYER HARASSMENT, DISCRIMINATION AND RETALIATION PREVENTION POLICIES Effective April 1, 2016, employers must comply with a new California law relating to employer harassment, discrimination and retaliation prevention policies. The new regulation mandates specific procedures for compliance with an employer’s statutory duty to take reasonable steps to prevent and promptly correct… Read More »
Police Investigation Disrupts Work In Cardenas v. M. Fanaian, DDS, Inc. the plaintiff was a former employee of defendant. Plaintiff was terminated after filing a report with the police when her wedding ring was stolen at work. Defendant terminated her because he claimed that the police investigation disrupted her work. Plaintiff sued defendant for violation… Read More »
Reasonable Accommodation Constitutes Protected Activity. In July 2015, Governor Brown signed AB 987, which provides that a request for reasonable accommodation on the basis of religion or disability constitutes protected activity under the Fair Employment and Housing Act (FEHA), regardless of whether the request for accommodation was granted. This new law reverses the California Court… Read More »
Protected Speech at Work In Turner v. City and County of San Francisco, the plaintiff, Turner, sued his employer, the City and County of San Francisco (the “City”) for wrongful termination in violation of public policy. Plaintiff alleged that he had been wrongfully retaliated against because he had complained that the City improperly employed him… Read More »
REI Settles Overtime Class Action Case for $2.5 million A federal magistrate judge on Tuesday granted preliminary approval of a $2.5 million settlement between Recreational Equipment Inc. and about 5,000 former employees in California who claim the sporting goods store failed to pay minimum wage and overtime. City of Los Angeles Sues Wells Fargo The… Read More »
Work Restrictions Necessitate Job Restructure? NOT! In Nealy v. City of Santa Monica, the plaintiff, Tony Nealy, was a solid waste equipment operator who had sustained injuries to his knee and back. Nealy underwent multiple surgeries that necessitated several leaves of absence. Nealy’s physician subsequently authorized him to return to work subject to work restrictions… Read More »
Employers May be Liable for Certain Labor Code Violations of Staffing Agencies On September 28, 2014, Governor Brown signed Assembly Bill 1897 (“AB 1897”), which amends California Labor Code section 2810 by creating a new section, 2810.3. Once AB 1897 becomes effective January 1, 2015, employers using labor contractors, such as temporary staffing agencies, will… Read More »
FAILURE TO ACCOMMODATE In Salas v. Sierra Chemical Co., the plaintiff was an employee of Sierra Chemical who was not legally authorized to work in the United States when he was hired and had falsified eligibility documents to obtain employment. Throughout the course of his employment with Sierra Chemical, plaintiff injured his back twice. After… Read More »