Updating personnel rules is an endless task. Laws are constantly changing, and agencies are experiencing significant operational changes now more than ever. The responsibility of ensuring that all personnel rules are up to date and reflect both the legal requirements and the operational requirements is time-consuming and daunting. However, auditing personnel rules is one of
Coronavirus/COVID-19 Weekly Update & Resources – March 23, 2020
Last week, we published several special bulletins covering COVID-19. Below are short summaries and links to the updates published since our last COVID-19 round up.
We will continue providing these special bulletins and updates as needed. Please visit https://www.lcwlegal.com/responding-to-COVID-19 for the most up-to-date bulletins.
Governor Newsom Amends Brown Act Changes in Subsequent Executive Order
Special Bulletin: Families First Coronavirus Response Act Enacted Into Law
On March 18, 2020, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the Senate passed the Families First Coronavirus Response Act (the Act) and President Trump signed the bill into law a few hours later. The law will go into effect within 15
New DOL Opinion Letter Addresses Employers’ Obligation to Designate FMLA Leave
This blog was authored by Lisa S. Charbonneau.
Should your agency permit employees to use their available paid leave accruals prior to designating leave as Family Medical Leave Act (FMLA)-qualifying, even if your agency knows the leave is FMLA qualifying from the start? A new Department of Labor (DOL) Opinion Letter issued by the
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
Public Employers Dealing with Employees with Disabilities Can Feel Like Being Stuck on the California Freeways
Fans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.” “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic. One of the recurring jokes is that Californians
“I Don’t Feel So Good” – Protecting Employees from Illness in the Workplace During Cold and Flu Season
The holiday season is behind us, but we are still in the thick of cold and flu season. It seems like everyone you pass on the street or stand next to on the bus is sneezing, coughing, or blowing their nose. With so many people sick, it’s not surprising that many people have also encountered
Designating FMLA Leave in the Aftermath of Escriba v. Foster Poultry Farms
When the Ninth Circuit Court of Appeals, which covers California, issued its decision in Escriba v. Foster Poultry Farms last year, the decision was viewed as a victory for employers. Now, however, the decision is raising more questions than answers as employers struggle with designating FMLA leave.
In Escriba, an employee declined to use
Year-End Review of California’s Notable Employment Decisions
Overall, employers fared well in the outcome of published decisions related to various employment claims this year (although there were cases that went to employees). Some of the notable cases are discussed below.
Fitness for Duty
A university professor unsuccessfully sued his employer for violations of the California Fair Employment and Housing Act (FEHA), the
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