Berkley, CA: Tom Spiggle is an attorney and author of You’re Pregnant? You’re Fired: Protecting Mothers, Fathers, and Other Caregivers in the Workplace. In a blog originally appearing last year and updated last month in Huff Post (06/15/17), Spiggle notes that various protections at both the federal and state level that help insulate workers from discrimination (such as the federal Family Medical Leave Act and the California Family Rights Act) are valuable tools for the protection of worker rights. At the same time, however such a patchwork of protections crossing various jurisdictions can inject a high level of complexity into the mix.
Sacramento, CA: Employers based in California and who employ 50 or more workers face an extended basket of regulations through the California Family Rights Act (CFRA), which augments the federal Family and Medical Leave Act (FMLA). Thus, anyone filing an FMLA lawsuit in the state of California benefits from extended protections through the CFRA. And yet, notes the California Chamber of Commerce (CalChamber), there are, in some cases overlapping and conflicting tenets resulting from the conjoined Acts.
Los Angeles, CA: A former executive with Black Entertainment Television (BET) in Los Angeles has filed an 18-count wrongful dismissal lawsuit against BET and parent company Viacom Inc. Amongst the allegations are charges of discrimination, gender bias and violations against the Family and Medical Leave Act.
Sacramento, CA: We are just beyond the one-year anniversary of an expansion to the California Family Rights Act, or CFRA, that was first brought in 16 years ago.
Los Angeles, CA: Federal legislation that hopes to mirror rights for family and medical leave currently observed by California and one other state, has been proposed by Democratic lawmakers in the Congress. The Family and Medical Leave Act was introduced previously, but was not successful in passing through Congress and thus never made it to the desk of then-President Barak Obama in 2013, when the Bill was first proposed. This time, Representative Rosa DeLauro (D-Conn.), and 113 co-sponsors reintroduced the House Bill, while Senator Kirsten Gillibrand (D-N.Y.) reintroduced its companion legislation in the US Senate.
Sacramento, CA: California is looking to expand parental leave laws to require smaller businesses to provide parental leave to employees. If approved, the law would require employers with 20 to 49 employees to provide parental leave to employees. Current law only requires companies with 50 or more employees to provide parental leave.
Anaheim, CA: When it comes to defending Family and Medical Leave Act rights, regardless of whether the employee is in California or Ohio, there are certain rules an employer cannot break. Federal FMLA laws apply across the US, while state laws, such as California FMLA, apply only to the individual states. Despite the existence of state FMLA laws, though, there are regulations that employers in every state must follow. Among them is the rule concerning retaliating against employees.
Washington, DC: A new report from Bloomberg BNA (10/24/16) suggests the number of Family and Medical Leave Act lawsuits is on the rise. In California, FMLA lawsuits have been filed against employers, alleging violations of employee rights to family and medical leave.
San Bernardino, CA: In somewhat of a curious outcome to a California FMLA and harassment lawsuit, a jury has found in favor of the City of Redlands in a lawsuit brought by a former employee who alleged discrimination and harassment by the City and a City employee.
Los Angeles, CA: A new study conducted by the Center for WorkLife Law at the University of California Hastings College of the Law suggests that discrimination against workers who take time to care for family members has resulted in more employee lawsuits being filed against employers. Those lawsuits allege violations of a number of laws, including the Family and Medical Leave Act (FMLA) and other state and federal laws. Perhaps surprisingly, men make up 38 percent of all FMLA cases reported, indicating they, too, are victims of discrimination when they take time off to care for family members.