(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
Employment Law This Week: FEHA Expansion, Class Waiver, Employer Conduct Rules, CA’s Paid Family Leave Law
The California Civil Rights Council has finally secured approval for its long-awaited regulations regarding employers’ use of artificial intelligence (AI), algorithms, and other automated decision systems. The agency says the...more
Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more
In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more
The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more
A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more
If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020. AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more
On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more
On October 11, 2019, Governor Gavin Newsom signed into law AB 51, which will drastically change the requirements for employers who use arbitration agreements. Specifically, the new law bans employers from requiring, as a...more
On October 10, 2019, California Governor Gavin Newsom signed AB 9 into law, which, effective January 1, 2020, will extend the time an employee has to file a charge of discrimination with the Department of Fair Employment and...more
• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019 • California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019 • These laws were among the...more
It’s been a nice summer recess as the California Legislature has been on break, with Members returning to their home districts. But that respite is about to end as the Legislature reconvenes on August 6. There will be a...more
Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more
The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more
As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more
In Charles T. Merrick v. Hilton Worldwide, Inc., et. al. (No. 14-56853, filed 8/16/17), the United States Court of Appeals for the Ninth Circuit applied a nuanced analysis within the McDonnell Douglas burden-shifting...more
Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more
The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more
Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more
A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more
On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more