New Paid Family Leave Regulations Released
As most California employers know, the new Paid Family Leave (PFL) law kicked into action this summer, providing partial wage-replacement benefits for workers who take time off to care for a seriously ill family member or bond with a new child. At the same time, the state Employment Development Department released new PFL regulations that are now in effect. These rules spell out benefits claims procedures, detail eligibility and waiting-period criteria, and provide numerous useful examples.
Cases Examine Scope Of Minister Exception Under Title VII
The Ninth Circuit Court of Appeal, in two recent decisions, has considered the “ministerial exception” to Title VII, the federal antibias law. The exception bars most discrimination lawsuits against religious organizations for personnel decisions regarding ministers claiming that the free-exercise clause of the U.S. Constitution is violated if courts inquire into the religious reasons behind such decisions. In one new case, the Ninth Circuit said the ministerial exception barred a suit by minister Andrew Werft, who claimed the Vista de la Montana United Methodist Church in Tucson, Ariz., failed to accommodate his disabilities.1 But in the other case, the court said minister Monica McDowell Elvig could sue the Calvin Presbyterian Church of Shoreline, Wash., for sexual harassment and retaliation because alleged decisions to engage in and permit harassment aren’t personnel decisions that trigger the ministerial exception.
Recent DOT Trucker Safety Rules Thrown Out
Last year, the U.S. Department of Transportation (DOT) issued revised rules regulating driving hours and rest periods for professional truckers. The DOT said the new rules would boost safety, but safety advocates argued they could actually make drivers more tired because they permitted truckers to drive up to 11 consecutive hours, one more hour than under the old rules, despite increased rest periods. Now a federal appeal court has thrown out the rules because the agency didn’t consider the impact on drivers’ health. The old rules will likely be put back into effect while the DOT works on revisions.
Ruling Addresses Mandatory Arbitration For Job Applicants
An arbitration provision in a job application won’t bind applicants who aren’t hired unless the clause clearly states that it applies regardless of whether the person is ultimately hired, a California appeal court has stated. The court took the opportunity to comment on this subject in a case involving an arbitration provision in an application to open a brokerage account. In the case, the court rejected Charles Schwab & Co.’s argument that Cynthia Lopez was bound by mandatory arbitration terms in a brokerage account application she signed, even though Schwab rejected her application.