April 2016

On April 21, 2016, San Francisco became the first city to impose a mandatory paid parental leave ordinance.  Under the new law, certain covered employers must provide supplemental compensation to employees who are receiving California Paid Family Leave (PFL) for purposes of bonding with a new child.  Employers should be mindful of these new obligations, which are likely to expand to other cities and possibly the entire State of California in the future.

Under previously existing law, no California city required that employers provide paid parental leave for bonding with a new child.  Employers were only required to notify employees of their rights under the state’s PFL program.  The PFL program is a component of the California State Disability Insurance (SDI) program and entitles employees who have paid into SDI to receive up to 55% of their lost wages when they must take a leave of absence to care for a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner.  Benefits are capped at six weeks in a 12-month period, and benefits are funded entirely by the SDI program.  (Note that California Governor Jerry Brown recently signed legislation that will increase the benefits paid by the California PFL program for eligible leaves from 55% to 60% (or 70% in some cases) beginning on or after January 1, 2018.)
Continue Reading San Francisco Becomes First City to Require Employers to Fund Paid Family Leave

The General Counsel for the National Labor Relations Board (the “Board”) recently revealed the Board’s policy initiatives for 2016 in a memorandum to local regional offices.  The memo informs the NLRB regions which cases it considers to be of particular concern and requires that they be submitted to the Division of Advice at the Board’s Washington, D.C. headquarters so the General Counsel’s office may “provide a clear and consistent interpretation of the [National Labor Relations] Act” that is consistent with the General Counsel’s view.  While the memo contains few surprises, it does offer employers a cautionary warning of possible changes to current labor law jurisprudence.  Because these changes may negatively impact employers, employers would be wise to take note of its warnings.
Continue Reading NLRB Policy Initiatives for 2016: Employers Be Warned

After a lengthy period of public comment and several revisions, California’s Fair Employment and Housing Council finally adopted amendments to the California Fair Employment and Housing Act (FEHA) regulations.  The amendments, which went into effect on April 1, 2016, generally reinforce existing law but also impose several new and detailed requirements for employers.

Requirements for harassment, discrimination and retaliation policy:

As of April 1, every California employer must have a harassment, discrimination, and retaliation policy that:

  1. Is in writing;
  2. Lists all current protected categories under the California FEHA (race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over 40, military and veteran status, and sexual orientation);
  3. Specifies that employees are protected from illegal conduct from any workplace source, including third parties who are in the workplace;
  4. Creates a confidential complaint process that ensures a timely response, impartial investigation by qualified personnel, documentation and tracking, appropriate remedial actions and resolutions, and timely closure;
  5. Informs employees about several different avenues (other than to a direct supervisor) for reporting a complaint and allows employees to have direct communication with a designated company representative, such as a human resources manager or other reliable company personnel;
  6. Requires supervisors to report any complaints of misconduct to a designated company representative; and
  7. Makes clear that employees will not be exposed to retaliation as a result of making a complaint or participating in any workplace investigation.

Continue Reading New Amendments to California Fair Employment and Housing Act Now Effective

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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