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HTMLEmployer May Obtain Judicial Review of California Unemployment Insurance Appeals Board Decision
Jennifer L. Santa Maria; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board, No. B248641 (December 5, 2014): A California Court of Appeal recently reversed a trial court’s dismissal of a writ of mandate. The court found that an employer may obtain judicial review of...

 

HTMLCalifornia School Teacher’s Claim That She Was Fired Due to a Computer Error Proceeds
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a teacher who claimed that she was fired while on disability leave as a...

 

HTMLDOL Clarifies When an Employer’s LCA Wage Obligations Cease to Terminated Workers Who Obtain Subsequent Approved H-1B Employment
Andrew Drozdowski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay obligations to a laid-off employee cease under the...

 

HTMLThe New York City Department of Consumer Affairs Provides Guidance Regarding the Earned Sick Time Act
A. Sonu Ray; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 31, 2014
As we reported in the June 2013 issue and March 2014 issue of the New York eAuthority, the New York City Earned Sick Time Act became effective on April 1, 2014. The Act requires businesses with five or more employees to provide 40 hours (or five days) of annual paid sick leave. The Act also...

 

HTMLNinth Circuit Defends Employer’s Discharge of Worker With a History of Intimidation and Threats
Hera S. Arden Ph. D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 30, 2014
Curley v. City of North Las Vegas, No. 12-16228 (December 2, 2014): The Ninth Circuit Court of Appeals recently affirmed a judgment against a worker who claimed that he was fired because of his hearing impairment in violation of the Americans with Disabilities Act (ADA). The court found that the...

 

HTMLNew York Employers Must Provide Unpaid Leave to Volunteer Emergency Responders During Declared Emergencies
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 31, 2014
Effective December 22, 2014, New York employers must provide unpaid leave to employees who serve as volunteer firefighters or volunteer ambulance personnel whenever the governor declares a state of emergency.

 

HTMLCalifornia Court Revisits Employer’s Duty to Reasonably Accommodate Disabled Employee Under FEHA
Ameneh K. Ernst, Rafael Nendel-Flores; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 30, 2014
Swanson v. Morongo Unified School District, No. G050290 (November 26, 2014): In a recent unpublished decision, a California Court of Appeal held that a teacher, whose request to teach a particular grade as an accommodation after undergoing cancer treatment was denied and whose teaching contract was...

 

HTMLMassachusetts Enacts Parental Leave for Both Mothers and Fathers
Patrick M. Curran, Jr., Todd M. Torres; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on January 15, 2015
In one of his last acts as governor, former-Governor Deval Patrick signed into law on January 7, 2015 an amendment to the previous Massachusetts Maternity Leave Law that extends eight weeks of unpaid leave to both male and female employees to care for a newborn, newly placed, or newly adopted...

 

HTMLA Late Holiday Present from Governor Cuomo: Annual New York Wage Theft Prevention Act Notices Are Not Required Beginning in 2015
Aaron Warshaw; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 31, 2014
As we covered in the June 2014 issue of the New York eAuthority, the New York legislature adopted a bill that eliminates the annual notice requirement under the New York Wage Theft Prevention Act. At that time, it was believed that the bill, which had an effective date of 60 days after the...

 

HTMLLA County Employee’s Retaliation Claim Fails but Disability Bias Claim Moves Forward
Hera S. Arden, Ph. D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 30, 2014
Barseghyan v. County of Los Angeles, No. B249184 (November 20, 2014): A California Court of Appeal recently held that an employee whose new supervisors were unaware that she had filed a sexual harassment complaint in her previous position did not engage in unlawful retaliation. The court reasoned...

 


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