Category: Employment Rights

Fired While on Medical Leave

Employees often feel uncertain about their jobs when considering taking a medical leave because they fear that it will put their job at risk. However, California law allows employees to take time off for certain family and medical reasons. Under the California Family Rights Act (CFRA), you cannot be terminated for taking qualified leave. CFRA allows eligible employees to take… Continue Reading..

Employers’ Undue Hardship Defense to Providing a Reasonable Accommodation in the Workplace

It is well known that employers are prohibited from discriminating against individuals with disabilities. The federal ADA and California Fair Housing and Employment Act (FEHA) forbid employment discrimination against an individual based on his/her physical disability, mental disability, or medical condition.  The FEHA recognizes a person as “disabled” if they have a physical or mental disability that limits[1] one or… Continue Reading..

When Does An Employer Have to Engage in the Interactive Process?

Under both the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”), employers are legally obligated to provide a reasonable accommodation to qualified individuals with disabilities. Before there can be any determination as to what a “reasonable accommodation” entails, there is something referred to as the “interactive process,” which must be engaged in for employers… Continue Reading..

Disability Discrimination in the Workplace

ARE YOU BEING TREATED DIFFERENTLY OR UNFAVORABLY IN THE WORKPLACE BECAUSE OF YOUR DISABILITY OR NEED FOR AN ACCOMMODATION?   The Americans with Disabilities Act (ADA) is a powerful federal law that protects the rights of persons with disabilities. When it comes to your employment, California offers even more protections under the Fair Housing and Employment Act (FEHA). California is… Continue Reading..

Understanding Employee Classification

There is vast confusion among workers in determining whether they are entitled to overtime pay and meal and rest periods. The IRS and Department of Labor identify lengthy factored tests for workers and employers to evaluate their entitlement and; respectively, legal obligations, however, these factors are weighted depending on the type of employer and the facts of the worker’s circumstances.… Continue Reading..

Ex-Michaels Worker Seeks Class Cert. In Medical Leave Suit

By Kurt Orzeck Law360, Los Angeles (September 16, 2015, 5:21 PM ET) — A breast cancer survivor who claims Michaels Stores Inc. fired her after she applied for medical leave urged a California federal judge on Tuesday to certify a class of 230 disabled workers who she says are similarly situated. In a memorandum supporting her motion for class certification,… Continue Reading..

California Suitable Seating Law

  Dead on Your Feet? The California Supreme Court May Soon Let You Take a Seat Compared to those of our grandparents, the lives we lead today seem downright sedentary. But while today’s work environment is often less physically strenuous that in years past, it doesn’t necessarily follow that today’s jobs are free from fatiguing physiological stress and strain. One… Continue Reading..