The Workplace Wave

Evidence of employer setting employee with cancer up to fail with unfair performance plan no defense to failure to reasonably accommodate. Employer failed to explain why employee’s requested accommodation could not be provided, violating the interactive process obligation.

2015 California employment laws expand discrimination protections to unpaid interns, clarify protections for undocumented persons issued driver’s licenses, and add reporting requirements for employing large numbers of Medi-Cal beneficiaries. Harassment prevention training must include anti-bullying. Computer professional overtime exemption minimum compensation rates are increased. Joint employer liability standards are codified.

Beginning on July 1, 2015, employees who work in California must accrue paid sick leave at the rate of one hour for every 30 hours worked up to a maximum accrual of 48 hours. Employees may use sick leave for their own or a family member’s illness or for enumerated time off associated with domestic violence, sexual assault or stalking.

San Francisco’s “Ban the Box” ordinance prohibits criminal conviction inquiries on employment applications and establishes procedures for background checks.

2014 California employment laws provide favorable protections for employees, including a minimum wage increase, increased thresholds for overtime exemptions , time off for victims of stalking and other crimes, recovery periods for heat illness, expansion of sexual harassment and military and veteran status. San Francisco enacts Family Friendly Workplace ordinance.

Employers must weigh the pros and cons of mandatory arbitration of employment claims, and ensure contractual provisions will be enforceable.

California regulations issued for FEHA disability discrimination and accommodation obligations and FEHA pregnancy disability discrimination and leave of absence obligations