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HTMLCalifornia Supreme Court Rules On-Duty Guards Entitled to Pay for On-Call and Sleep Time
Carolyn E. Sieve; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on January 9, 2015
On January 8, 2015, the California Supreme Court issued a decision holding that the on-call hours for security guards who work 24-hour shifts constituted compensable hours worked. Further, the court ruled that the guards’ employer could not exclude “sleep time” from 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...

 

HTMLTwo California Appellate Decisions Expand the Scope of Tameny Claims Based on Whistleblower Laws
Ameneh K. Ernst, Spencer C. Skeen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 30, 2014
Two significant decisions on whistleblower protections were recently issued by two districts of the California Court of Appeal. Both courts reversed trial court dismissals of claims for wrongful termination in violation of public policy.

 

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.

 

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...

 

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...

 

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...

 

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...

 

HTMLCity of Columbia Is First in Missouri to Approve “Ban the Box” Legislation for Private and Public Employers
Anthony B. Byergo, Adam T. Pankratz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 2, 2015, previously published on December 10, 2014
In keeping with the “ban the box” legislative trend, the Columbia City Council unanimously passed a “ban the box” ordinance on December 1, 2014. The ordinance, which went into effect immediately, prohibits public and private employers operating in the City of Columbia from...

 


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