In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).
Category: California HR
Many call California the nation’s hot bed for employment laws and regulations. There are many HR considerations that only apply to California employers. Check out these resources to develop a strategically focused HR plan while also staying abreast of critical compliance challenges under California and federal law.
Two bills affecting workplace health and safety in California—one affecting healthcare employers and the other affecting childcare providers—have made some progress in legislative committees.
The California Occupational Safety and Health Administration (Cal/OSHA) has had a heat illness prevention rule in place since 2006; that rule has been revised and updated several times. But, as often as it has been updated and as determinedly as Cal/OSHA has enforced it, the rule has had one huge, gaping hole in coverage: indoor […]
A registered nurse complained to hospital management about patient safety practices. The hospital fired her shortly afterward, allegedly for improper and dangerous patient care. The nurse sued for retaliation and defamation. The California courts were left to decide if her termination based on a legitimate nonretaliatory reason.
Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. A California appellate court recently tackled the issue of whether commissioned employees are entitled to separate compensation for rest periods and whether that requirement may be satisfied by paying them a guaranteed minimum hourly rate as an advance on commissions.
The California Court of Appeal recently denied an employer’s appeal of a lower court’s denial of its motion to compel arbitration of a lawsuit filed by a former employee that included claims under the Private Attorneys General Act (PAGA).
California employers need to be in compliance with the state’s new “all-gender” requirements for single-use restrooms as of March 1.
On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements.
Question: We had a store meeting. One employee was off and only came in for the 45 minute meeting. She is saying she is entitled to 2 hours of pay. Do I owe her for 2 hours or just the 45 minutes. She says there is a minimum of 2 hours for working.”
By Joel Kane, Sedgwick, LLP The California Legislature is constantly enacting new laws, many of which address relatively narrow issues. In some instances, however, there’s still a significant impact on employers, especially in industries that are being targeted by the legislation.