Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Best Practices for Communicating with Employees on Medical Leave and Utilizing Intermittent Leave Schedules
During these unprecedented times, it is likely that employees may be utilizing various forms of protected leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Some employees may be tempted to work remotely during their leave, perhaps to catch up, to stay ahead, or to offset the amount of time
Location, Location, Location! Employees May Qualify for Disability Retirement If They Can No Longer Perform Their Usual Job Duties At The Location Where Their Employer Will Allow Them To Work
Plaintiff Cari McCormick worked as an appraiser for Lake County. In 2010, she started to experience physical pain throughout her body and felt constantly fatigued. McCormick’s symptoms worsened when she was in her office environment but felt much better if she was at home or outside. McCormick was eventually told by her supervisors that she
It’s Not FMLA Unless I Say So!
This blog post was authored by Jennifer Rosner.
In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”). However, buyer beware! If an employee affirmatively declines to use FMLA to which
Discontinuation of a Long-Standing Practice of Accommodating Disabled Employees through Light-Duty May Be a Violation of FEHA
This post was authored by Jennifer Rosner
In a recent decision by a California Court of Appeal, a Court held that it was not unreasonable for the City of Los Angeles to assign temporarily injured recruit officers to light-duty administrative assignments in light of the City’s past policy and practice of doing so.
Plaintiffs were
Balestrieri v. Menlo Park Fire Protection District Adds Clarity to What Type of Work is Compensable Under the Fair Labor Standards Act
On December 9, 2014, in Integrity Staffing Solutions, Inc. v. Busk[1], the U.S. Supreme Court held that workers need not be paid for time spent waiting and undergoing security screenings while leaving their work facility. Under the Fair Labor Standards Act (“FLSA”), activities that are preliminary or postliminary to the principal activity or
What Does The Affordable Care Act Have To Do With Independent Contractors?
When we think of the Affordable Care Act (“ACA”), we invariably think of health insurance. The ACA mandates that any employer with 50 or more full time equivalent employees may face penalties unless it offers affordable health insurance to its full-time employees. This ACA requirement applies to employers with 50 or more full time employees,
It’s Not FMLA Unless I Say So!
In a recent decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”). However, buyer beware! If an employee affirmatively declines to use FMLA that he/she would otherwise be entitled to, the employer may be
How Much Flexibility Does A Public Employer Have With Compensatory Time Policies?
Many employers enter into agreements with employee associations giving employees the right to earn compensatory time off (CTO) in lieu of cash for overtime. However, if an employer provides CTO, must employers allow its employees to use CTO at the employees’ option? In 1987, the Department of Labor implemented regulations to enforce the CTO provision