by David G. Ritchie on April 15, 2015
posted in
Disability, Employment Law,
A judicial appeal is pending from a recent decision of the Public Employment Relations Board in SEIU 1020 v. Sonoma County Superior Court, PERB Decision No. 2409-C. The case involves a decision by the Superior Court (as the employer) that employees do not have a right to representation in the interactive process in which requests for accommodations and consideration of the reasonableness of those requests are considered by the Agency.
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tags:
ADA, Americans with Disabilities Act, Interactive Process, PERB, Reasonable Accomodation, Right to Representation, Weingarten Rights,
by David G. Ritchie on March 4, 2015
posted in
Employee Benefits, Family and Medical Leave,
On February 25, 2015, the Department of Labor issued a “Final Rule” that amends the definition of “Spouse” in the Family Medical Leave Act. Previously, an employee seeking leave under the act would be eligible if the state law they lived in covered the dependent under the State’s definition of “spouse”.
The new rule requires that all legally married couples, whether same-sex, opposite sex, or married at common law be recognized as spouses for purposes of the FMLA so long as (a) their marriage was legal when, and in, the place in which it occurred; and (b) such a marriage is recognized ... Continue Reading
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by David G. Ritchie on January 24, 2015
posted in
Employee Benefits, Recent Court Decisions, Retirement,
The California Court of Appeal, Fourth District, recently held, in Deputy Sheriffs’ Association of San Diego County v. County of San Diego, that the implementation of new defined benefit formula provisions for “new members” does not impermissibly impair agreements with employee groups where the pre-existing agreements contain conflicting terms.
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tags:
CalPERS, MOUs, PEPRA, retirement benefits,
by David G. Ritchie on September 30, 2014
posted in
Employee Benefits, Employment Law, Sick Leave,
The Healthy Workplaces, Healthy Families Act of 2014 creates a requirement for all employers to provide paid sick days for all employees. After July 1, 2015 any employee who works in California for 30 or more days within one year accrues sick leave at a rate no less than one hour for each 30 hours worked and is entitled to use the accrued sick days starting with their 90th day of employment. The accrual rate is equivalent to 8-2/3 days per year. The use of paid sick days can be limited to 24 hours in any one year of employment. This includes temporary workers and part-time employees that ... Continue Reading
tags:
Accrual, Collective Bargaining Agreement, Employee Benefits, Healthy Families Act of 2014, Healthy Workplaces, Penalties, Sick Leave,
