1 2014 ACC-SoCal In-House Counsel Conference #IHCC14 Employment Law Update WHERE WE’VE BEEN… AND WHERE WE’RE GOING: A look back at 2013 and a look forward to 2014 January 22, 2014 Los Angeles, California Sponsored by Jackson Lewis P.C. Moderator: Kristi Ashman Panelists: Elisabeth Lilly, Mindy S. Novick, and Adam Y. Siegel #IHCC1 2
26
Embed
Employment Law Update WHERE WE’VE BEEN… AND WHERE WE’RE GOING: A look back at 2013 and a look forward to 2014
Employment Law Update WHERE WE’VE BEEN… AND WHERE WE’RE GOING: A look back at 2013 and a look forward to 2014. January 22, 2014 Los Angeles, California Sponsored by Jackson Lewis P.C. Moderator: Kristi Ashman Panelists: Elisabeth Lilly, Mindy S. Novick , and Adam Y. Siegel. #IHCC12. - PowerPoint PPT Presentation
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Does the “mixed motive” defense apply to employment discrimination claims under FEHA?– Yes: To establish liability employee must show unlawful
discrimination was a substantial factor motivating the adverse employment decision, instead of simply a motivating factor.
– If employer proves it would have made the same adverse employment decision absent such discrimination: Employee prevails but Employee recovers nothing But employee’s attorneys fees will be paid by employer
After remand to CA Supreme Court FAA preempts state-law rule categorically requiring Berman hearing
before arbitration
Unconscionability – procedural or substantive - remains a viable contract defense; not preempted by FAA
Rule that does not discriminate against arbitration on its face “must not disfavor arbitration as applied by imposing procedural requirements that interfere[] with fundamental attributes of arbitration….”
Sonic-Calabasas A, Inc. v. Morena (Sonic 2)2013 Cal. LEXIS 10220 (10/17/2013)
Issue: Does Unemployment Insurance Appeals Board decision that plaintiffs are not employees collaterally estop the Labor Commissioner from assessing penalties for inaccurate wage statements?
Yes.
Happy Nails & Spa v. Su, as Labor Commissioner 217 Cal. App. 4th 1459 (7/19/13)
Plaintiff filed complaint against Defendant (staffing agency) alleging failure to provide meal and rest breaks, failure to pay overtime
Plaintiff alleged a common practice was the failure to adopt and implement policies in compliance with Labor Code– Trial court denied class certification relying on Brinker– Reversed and remanded for consideration of class
certification Defendant filed motion for re-hearing; fully briefed
Benton v. Telecom Network Specialists, Inc. B242441, ___ CA4th ___ (10/16/2013)
Issue: Is arbitration agreement unconscionable under state law?– Yes. Motion to compel arbitration denied.– Procedurally unconscionable – take it or leave, terms not
provided until 3 weeks after employee agreed to be bound– Substantively unconscionable – arbitrator selection process
Once PDLL expires – does ER have additional obligations?– Employee had high risk pregnancy, required long bed rest. – Employer provided 19 weeks of leave, including vacation days
and time off under the PDLL and CFRA. – Employee fired after expiration of PDLL and CFRA.
Yes. Employer must engage in interactive process and determinate whether further leave is a reasonable accommodation
So, 4 month PDLL is the beginning, not end, of accommodation process for pregnant employees.
Sanchez v. Swissport, Inc. 213 Cal.App.4th 1331 (2013))
OFCCP finalizing regulations that will require federal government contractors to move toward a 7% disabled workforce and to hire more veterans.
CRIMINAL BACKGROUND CHECKS:– Employers told to consider:
Nature or gravity of offense or conduct Time elapsed since offense, conviction, release Nature of job sought
– OFCCP’s Directive 306, “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin,” issued on January 29, 2013
Support animals are a reasonable accommodation – and it’s not just dogs!
Definitions now include examples – broad examples – of disabilities and reasonable accommodations
Expands definition of “health care providers to include (M&F therapists, acupuncturists, podiatrists, dentists, clinical psychologists, chiropractors, midwives and PAs)