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Employment Law Blog
San Francisco Employment Law Focus: Paid Sick Leave
Posted by Anthony Ruggieri on Monday, November 7th, 2011In February 2007, San Francisco implemented its Paid Sick Leave employment law. Per the terms of the ordinance, contained in Chapter 12W of the San Francisco Administrative Code, employers doing business in San Francisco must provide its employees with one hour of paid sick leave for every 30 hours worked.
Paid sick leave may be used for the employee's illness, injury, medical condition, diagnosis or treatment; and for time taken off by an employee to provide care or assistance to certain other persons for a medical reason. The employee can use paid sick leave to care for the following: child, parent, legal guardian or ward,...
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New Proposed California Employment Law Would Require Employers to Provide its Employees with Bereavement Leave
Posted by Anthony Ruggieri on Tuesday, September 27th, 2011AB 325, a bill presented by Bonnie Lowenthal, is being considered by the California legislature and would require employers to provide up to 3 days of unpaid bereavement leave to employees upon the death of specified family members.
This proposed California employment law states that it would be an “unlawful employment practice for an employer to refuse to grant a request by any employee to take up to three days of bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner.”
In order to be eligible for the leave, an employee must have been employed with his or her employer for at least 60 days prior to the death of the...
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Employment Law Update: Evidence of Discriminatory Intent
Posted by Anthony Ruggieri on Monday, August 29th, 2011In a decision handed down on August 9, 2011, the Fifth Appellate District of the California Court of Appeal held that evidence regarding alleged inappropriate gender-related behavior directed toward female co-workers of the plaintiff (which occurred outside the plaintiff's presence, and of which the plaintiff was unaware) was admissible in support of plaintiff’s claims that she was sexually harassed and wrongfully terminated because of her gender.
In Pantoja v. Anton, the plaintiff filed a Superior Court Complaint against her former employer for sexual harassment and gender discrimination. Pantoja alleged she was subjected to a hostile work environment and then wrongfully terminated because of her gender. At trial, the judge granted defendant's motion to exclude evidence of alleged...
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Class Member Individual Releases In Employment Cases
Posted by Anthony Ruggieri on Friday, May 27th, 2011California employees have been able to recover millions of dollars from their employers for unpaid wages through class actions in the past several years.
Superior Court actions for unpaid wages filed by individuals who seek to represent a large number of similarly situated employees has proven to be an effective method of recovering unpaid wages for thousands of California employees, the majority of whom were unaware that they were entitled to wages they had not received from their employers. The recent appellate decision in Chindarah v. Pick up Stix (2009) 171 Cal.App.4th 796, however, provides a method for employers to circumvent the class action process by employees.
In Chindarah, a number of employees of the Chinese restaurant...
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