The bill would allow workers to receive Paid Family Leave (PFL) benefits while caring for seriously ill grandparents, grandchildren, siblings, and parents-in-law. California’s PFL program, which is funded entirely by employee payroll deductions, was the first in the nation to provide partial pay to workers taking time off to care for seriously ill family members or to bond with new children. However, the law only covers leave to care for a parent, child, spouse, or registered domestic partner. See the complete press release.
San Mateo Superior Court Judge Marie S. Weiner entered an order today granting preliminary approval of a class action settlement reached between current and former employees of the popular San Mateo County based nail salon chain, Natalie Salon, and the owners and operators of the chain. Read the press release.Read more
The Legal Aid Society-Employment Law Center is pleased to join with CALCASA and the California Partnership to End Domestic Violence in co-sponsoring SB 400, introduced by Senator Hannah-Beth Jackson (D-Santa Barbara). This bill will protect the employment rights of survivors of sexual assault, domestic violence, and stalking. If passed, California would join five other states (Illinois, New York, Connecticut, Hawaii, and Oregon) with laws that protect survivors from discrimination and require employers to provide reasonable safety accomodations to victims while at work. Read the complete press release.
On behalf of a coalition of civil rights organizations, LAS-ELC submitted on March 1, 2013 policy recommendations to the Equal Opportunity Employment Commission (EEOC) regarding its stated goal of protecting immigrant workers.
Too often, immigrant workers are subject to overt discrimination, sexual harassment, hostile work environments, or confront oppressive English-only policies in the workplace. An added challenge for national origin minorities is that employers routinely claim that the worker’s perceived immigration status is relevant to discrimination claims.
Yesterday, February 26, 2013, the Legal Aid Society-Employment Law Center launched its SURVIVE Employment Law Clinic at the Alameda County Family Justice Center. This twice a month clinic offers free and confidential information to survivors of domestic violence about their legal rights at work, including information on taking time off to obtain counseling, medical services, or a restraining order; reasonable accommodations; discrimination; harassment; unemployment benefits; and wage and hour violations.
In an amicus letter filed on February 13, 2013, the Legal Aid Society-Employment Law Center, Equal Rights Advocates, Legal Momentum, and National Women’s Law Center argue that the Court of Appeal’s ruling in Veronese v. Lucasfilm Ltd. misinterprets established law to the detriment of women working during pregnancy. The letter to the California Supreme Court emphasizes that, regardless of an employer’s claim that refusing to hire a pregnant worker is in the best interest of the pregnancy, it is up to the woman - not the employer - to decide when a pregnancy makes her unable to work.
In Harris v. City of Santa Monica, a decision issued at 10:00 today, February 7th, 2013, the California Supreme Court found that employers remain liable for employment decisions corrupted by discrimination even where the employer also has a non-discriminatory reason. The Court rejected the employer groups’ position that employees should be forced to prove that discrimination was a “but for” cause of the employment action to win under the California Fair Employment and Housing Act (FEHA).
Today, February 6th, 2013, Legal Aid and TRE Legal filed a federal class action against the Marriott hotel chain. That complaint alleges that Marriott discriminates against blind and disabled employees by requiring its managers to use inaccessible computer software and rejecting accessible alternatives.
The lawsuit seeks to dismantle unnecessary barriers to workers with disabilities that are created by an employer’s technology, in violation of the American with Disabilities Act. Read the full press release.Read more
Today, February 5th, 2013, marks 20 years since the Family and Medical Leave Act (FMLA) was signed into law by President Bill Clinton. The FMLA was enacted to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year to recover from a serious health condition, care for a seriously ill family member, or bond with a new child.
20 years on, millions of workers with family caregiving responsibilities have been aided by this historic law, no longer having to choose between work and family. However, FMLA’s protections do not go far enough and do not extend to all those who need them.
On January 26, 2013, staff attorney Mike Gaitley (far right in picture) journeyed to Watsonville, California as part of a “Justice Bus” legal clinic for low-wage workers. The Justice Bus, a project of One Justice, brings law students to rural locations in California where access to legal services is often limited.