June 1, 2009 | Posted by Martha Doty
| Topic(s): Restrictive Covenants
, Wage and Hour Laws
, Leave Laws
, Workplace Privacy Issues
, Reductions In Force, Plant Closings, WARN, Cal-WARN
, Wrongful Termination
, Discrimination, Harassment, Retaliation
, FEHA and Other State Laws
, Federal Laws
, Covenants Not to Compete
, Employment Litigation
Just how "unique" is California employment law?
We asked our panel of experts to come up with their TOP 10 list of uniquely California employment laws, rules, and regulations. Here were the first ten to pop to mind:1) VACATION PAY
– Unlike virtually every other state, California does not allow employers to have “use it or lose it” vacation policies. Instead, California requires employers to either cash out their employees’ accrued vacation at the end of the year or allow them to carry it over up to a “reasonable cap” on accrual. [thanks to Alan Light for the photo
of the Top 10 King!]
[Our thanks to xaminmo and jeremias11 of Flickr
for making this photo available!]
Swine flu hit your office?
If the recently introduced "Healthy Families Act
" makes its way through Congress, employers will with more than 15 workers will be obligated to provide up to 56 hours of paid sick or health-related leave per year for all of its U.S. employees.
The "Healthy Families Act," which had been introduced in the two previous sessions of Congress with little forward momentum, may find a more receptive audience this time around, with Senator Edward Kennedy sponsoring the bill in the Senate, and Congresswoman Rosa L. DeLauro sponsoring it in the House. For those of you who were really
paying attention, President Obama co-sponsored a similar 2007 bill and is likely to support this version.
Does the 1978 Pregnancy Discrimination Act apply retroactively? That was the question before the U.S. Supreme Court as it reviewed the Ninth Circuit’s decision in AT&T Corp. v. Hulteen (U.S., No. 07-543). (See here for the formal Questions Presented.)
“Nope.” That was the answer the Supreme Court provided as it once again overturned the Ninth Circuit.
In Hulteen, the Supremes reviewed AT&T’s pension calculations which, since 1914, were based on a seniority system…with an exception. Specifically, in the 1960s and early to mid-1970s, AT&T employees on “disability” leave got full service credit for the entire periods of absence, but those who took “personal” leaves of absence received maximum service credit of 30 days. Leave for pregnancy was treated as personal, rather than disability.
Between 1914 and today, the social landscape has changed a bit here and there.