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  The California Supreme Court Issues Key CFRA Decision.Shaw Valenza LLP - May 09, 2008 The federal Family and Medical Leave Act (FMLA) and California’s equivalent, the California Family Rights Act (CFRA), present various challenges to employers. The CFRA, like the FMLA, allows eligible employers up to 12 weeks of unpaid leave for, among other things, the employee’s own “serious health condition that makes the employee unable to perform the functions of the position of that employee.” Earlier this year, the U.S. Department of Labor (DOL) issued proposed revisions to the FMLA regulations that unfortunately do little to simplify the administration of leaves of absence. Now the California Supreme Court has further complicated the situation. While awaiting the final FMLA regulations, California employers should carefully review the Court’s decision in Lonicki v. Sutter Health Central. ARIZONA Governor Signs Bill Amending Legal Arizona Workers Act.Ogletree Deakins - May 08, 2008 On Thursday, May 1st, Governor Janet Napolitano signed into law HB 2745, a bill that significantly modifies portions of the Legal Arizona Workers Act (LAWA), the Arizona law that prohibits employers from hiring workers not legally authorized to work in the United States. Although LAWA has been in effect for less than five months, throughout its brief history, numerous business, Hispanic, and civil rights organizations have vigorously fought to strike it down. So far, those efforts have been unsuccessful. ARIZONA Arizona Adopts New Law Clarifying Controversial Sanctions Statute, Imposing Other Obligations on Employers and State Contractors.Littler Mendelson, P.C. - May 08, 2008 On May 1, Arizona Governor Janet Napolitano signed House Bill 2745 into law. The legislation makes several key amendments to the Legal Arizona Workers Act – a statute enacted nearly one year ago to combat the employment of undocumented workers in Arizona. In addition, the new law prohibits state government entities from awarding contracts or subcontracts to employers that fail to use E-Verify, the online employment eligibility verification program operated by the U.S. Department of Homeland Security. The new legislation also amends Arizona's identity theft laws by penalizing employers that knowingly accept fraudulent identification information when determining employee work authorization. Finally, the law requires employers paying their workers in cash to comply with state income tax and unemployment and workers' compensation laws. D.C. Washington, D.C.'s Paid Sick Leave Law Advances.Jackson Lewis LLP - May 08, 2008 New Washington, D.C., legislation providing mandatory sick leave to all employees in the District has passed Congressional review. The D.C. Council, which transmitted the Act to Congress on April 1, 2008, expects the “Accrued Sick and Safe Leave Act of 2008” to become law on May 13, 2008, and its provision to go into effect six months later. NEW JERSEY New Jersey's Paid Family Leave Law: the Hidden Costs to Employers Doing Business in the Garden State.Littler Mendelson, P.C. - May 07, 2008 On May 2, 2008, Governor Corzine signed into law the NJ Paid Family Leave Law. New Jersey has joined two other states - California and Washington - in providing employees with paid family leave benefits. Commencing July 1, 2009, the New Jersey law will extend benefits available under the state's Temporary Disability Benefits Law (TDBL) by providing eligible employees with up to six weeks of paid time off during a leave of absence to care for a newborn or newly-adopted child or a family member with a serious health condition. CONNECTICUT Connecticut Employees Can Keep Unearned Commissions Unless Employment Agreement Expressly Requires Repayment of Advances.Littler Mendelson, P.C. - May 07, 2008 In a rare decision on compensation issues, the Connecticut Supreme Court has decided that an employee was not required to repay advances of unearned commissions because his employment agreement did not expressly require such repayment. In Ravetto v. Triton Thalassic Technologies, Inc., 285 Conn. 716 (2008), the court held that merely using the word "advance" or "draw" in an employment agreement is not sufficient to require an employee to repay advances on commissions that the employee failed to earn. CALIFORNIA Much Ado About LunchingShaw Valenza LLP - May 06, 2008 Effective Jan. 1, 2000, Assembly Bill 60 implemented a number of changes to California's wage and hour laws. Many employers and their lawyers focused on the statutory restoration of daily overtime pay, which the Industrial Welfare Commission previously had abolished in several of its Wage Orders. As it turned out, though, AB 60's sleeper issue was the relatively small section of the law devoted to meal periods. AB 60 codified existing regulations mandating meal periods. However, the Legislature determined that employers were not following the rules because there were no financial consequences. So, AB 60 included a requirement that employers pay one hour's wages to employees who were not given a timely meal period in accordance with the law. MARYLAND Maryland Enacts New Law Limiting the Payment of Accrued Leave Upon Termination.Ogletree Deakins - April 30, 2008
Maryland recently amended its Wage Payment and Collection Law, Md. Code §§ 3-501et seq., in a manner that affords employers a powerful statutory defense to employee lawsuits for monetary compensation and/or trebled damages for not compensating a departing employee on termination for accrued unused leave. As amended, the Maryland law now provides that an employer's written leave policy will dictate whether or not the employee is entitled upon termination to recover accrued unused leave provided the leave policy was communicated to a new employee at the time of hire. It provides no shield to employers that do not have a written policy that limits compensation for accrued leave to a terminated employee. NEW JERSEY New Jersey Supreme Court Expands Individual's Right to Privacy.Jackson Lewis LLP - May 05, 2008 In a case of first impression, the New Jersey Supreme Court has ruled that Internet users have a constitutional right to privacy with respect to subscriber information they provide to Internet service providers ("ISP"). The Court in New Jersey v. Shirley Reid held that law enforcement officials may obtain such information only by serving a grand jury subpoena on the ISP. This April 21, 2008, decision likely will make it more difficult to prosecute, in certain circumstances, an employee that tampers with employer information systems. The case highlights the need for employers to reexamine their policies and procedures for employee use of company information systems and the expectation of privacy of employees in the workplace. CALIFORNIA Employee Leaves of Absence Update, Part 2: Second Part Time Job Does Not Preclude Leave Rights.Barker Olmsted & Barnier - May 02, 2008 In Lonicki v. Sutter Health Central, the California Supreme Court examined a second question regarding CFRA leaves of absence. (For the first question, click here.) Can an employer deny leave to an employee who is perfectly capable of working a second job?
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Employment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
Sacramento
March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler | |||||||||||
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