Author: California Employment Law Letter

Silicon Valley sex discrimination case shows the real win is not getting sued

by Mark I. Schickman For the past month, the most interesting show in San Francisco has been the trial of Ellen Pao’s sexual harassment and sex discrimination case against investment firm Kleiner Perkins. Pao, who engaged in a sexual relationship with a Kleiner Perkins partner early in her career, claims that the firm is a […]

Asking the right questions is key to finding the right answers

by Dan Oswald Many leaders believe they must have all the answers—that it’s their responsibility to have the answer to every question and the solution to every problem. In my estimation, it’s more important to ask the right questions than it is to always have the answer. You see, it’s the questions that allow people […]

New OFCCP rule on sexual orientation, gender identity takes effect April 8

by Emily L. Bristol A new rule that adds “sexual orientation” and “gender identity” to the list of prohibited bases of discrimination under Executive Order 11246 goes into effect on April 8. The rule, from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), will apply to federal contractors that hold […]

Business lessons from WrestleMania 31

The biggest sports entertainment event of the year is in the books. Did you miss it? Nope, I’m not talking about the NCAA Tournament or even the Cricket World Cup—by the way, you can rest easy since Australia beat New Zealand by 7 wickets to capture its 5th Championship—I’m talking about WrestleMania 31. Yes, the […]

A slo-pitch: Playing baseball when ‘sick’ = cause for termination

by Kyla Stott-Jess Unexpected employee absences from work can be difficult for employers. Customer service may be compromised. Others’ jobs need to be adjusted. And an employer’s trust in the employee can be damaged. So can an employer terminate an employee for lying about the reason for an absence?

Texas judge puts FMLA rule’s new definition of spouse on hold

For the time being, employers in states that don’t recognize same-sex marriage don’t have to comply with a new rule changing the definition of spouse under the Family and Medical Leave Act (FMLA). The rule was to take effect on March 27, but a federal district judge in Texas issued a temporary injunction on March […]

Key tips to remember when counseling and disciplining employees

by Michelle Lee Flores There is nothing like a gentle reminder or a “cheat sheet” to look at when counseling or disciplining employees. The key thing to remember is that although nothing can absolutely insulate you from claims of discrimination or wrongdoing, there are steps you can take to get to the ultimate goal of […]

Supreme Court clarifies employer obligations related to pregnant workers

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily. In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations […]

Parks Madness

In February, one of my favorite televisions shows, Parks and Recreation, concluded its magnificent seven-season run. While it had typical struggles in the early going, it soon hit its stride and gave us a cast of interesting characters whom we got to see evolve from their first interaction with the Pawnee, Indiana, Parks Department all […]

New rule simplifies FMLA administration

by Lauren E.M. Russell The U.S. Supreme Court’s 2013 decision in United States v. Windsor created a lot of uncertainty in federal employment benefits. Because the federal government’s definition of marriage as a union between one man and one woman was deemed unconstitutional, the decision left unanswered the question of when same-sex spouses were eligible […]