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 the most valuable ways for agencies to avoid liability. You may be asking yourself: “where do I even start?” There is no simple answer – most policies are important and valuable – but a good starting point is to make sure y ..read more

When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement.  What makes matters more complicated is that the definition of disability is not the same under each law.  So, while a medical condition may meet the legal definition of a disability under one of the laws, it may not under another.  We will explore the various ways that “disability” has been defined in federal and California law. FMLA/CFRA Under the federal Family and Medical Leave ..read more

During these unprecedented times, it is likely that employees may be utilizing various forms of protected leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA).  Some employees may be tempted to work remotely during their leave, perhaps to catch up, to stay ahead, or to offset the amount of time they are drawing down on their paid leave accruals or on an unpaid leave status.  Supervisors may also feel inclined to communicate with employees on leave to keep them updated on work-related assignments, news, and events or to give them time-sensitive assig ..read more

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 On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20.  In addition to provisions regarding Medi-Cal, CalFresh and CalWORKs, the Order supersedes the changes to ..read more

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 Acting DOL Wage & Hour Administrator explains that employers that delay designation of FMLA-qualifying leave more than five days violate the FMLA.  Consistent with the new DOL Opinion Letter, employers should run FMLA once on notice of an FMLA qualifyin ..read more

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 he/she would otherwise be entitled, the employer may be shielded from a lawsuit if it takes an adverse employment action against the employee based on that leave. The FMLA provides job protection to an eligible employee who takes leave (up to 12 workweeks per ..read more

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 regularly discuss which freeways and roads they take to get somewhere.  The characters constantly reference the 405 or the 10 (common freeways in Los Angeles). Discussing disability issues with employees can often feel like a d ..read more

This blog was authored by Lisa S. Charbonneau. Flu season is upon us again. This year hospitals across California have reported unusually high numbers of patients with flu-like symptoms  and news outlets say this flu season is on track to being the worst in 10 years.   What, if anything, can employers do to manage and minimize the effects of flu season on employees? Employees Should Take Advantage of Their Available Sick Leave Many employees come to work sick or fall ill at work but do not leave. Employees who are sick in the work place may cause the sickness to spread to other ..read more