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Arcelia N. MagañaBlog Posts

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  • Pending Legislation Would Expand Reasonable Accommodations to Employees and Applicants for “Family Responsibilities”

    Recently the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance regarding discrimination against employees with caregiving responsibilities for family members. California similarly has a pending bill, Assembly Bill (AB) 2182, which seeks to add “family responsibilities” as a protected class under the Fair Employment and Housing Act (FEHA). If passed, the bill would prohibit... Continue Reading
    March 22, 2022
  • Reminder Regarding Right of Recalls as Reopening Restarts

    As more counties move toward the Orange Tier on the state reopening guidance, businesses can reopen or operate under less restrictive requirements. This may mean employers need more employees than in the last several months. Though last year, the Governor vetoed a statewide right of recall requirement, several cities still have ordinances in place. The... Continue Reading…
    April 7, 2021
  • Reminder Regarding Right of Recalls as Reopening Restarts

    As more counties move toward the Orange Tier on the state reopening guidance, businesses can reopen or operate under less restrictive requirements. This may mean employers need more employees than in the last several months. Though last year, the Governor vetoed a statewide right of recall requirement, several cities still have ordinances in place. The... Continue Reading
    April 7, 2021
  • The City of San Diego Enacts COVID-19 Related Worker Recall and Retention Ordinances

    The City of San Diego enacted emergency ordinances requiring fair employment practices in response to job and economic insecurity due to the COVID-19 pandemic and stay-at-home directives.  The City of San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance (“Recall Ordinance”) and the City of San Diego COVID-19 Worker Retention Ordinance (“Retention Ordinance”) went... Continue Reading…
    September 21, 2020
  • The City of San Diego Enacts COVID-19 Related Worker Recall and Retention Ordinances

    The City of San Diego enacted emergency ordinances requiring fair employment practices in response to job and economic insecurity due to the COVID-19 pandemic and stay-at-home directives.  The City of San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance (“Recall Ordinance”) and the City of San Diego COVID-19 Worker Retention Ordinance (“Retention Ordinance”) went... Continue Reading
    September 21, 2020
  • Elections, Political Protests, and the Workplace

    As campaign season heats up and political protests continue on top of an already stressed workforce, most employers seek to maintain a harmonious work environment. While perhaps tempting to regulate employee behavior to keep politics out of the workplace, employers should tread carefully. Under California’s discrimination laws, political affiliation is not a protected classification.  On... Continue Reading
    August 3, 2020
  • Legislature Considers More Time to Cure Wage Statement Violations

    Employers all over the State of California have been waiting earnestly for over two years for the California Supreme Court to issue its opinion in Kim v. Reins International California. A ruling that will decide whether a settling employee remains an aggrieved employee for purposes of the Private Attorneys General Act (PAGA). The wait is... Continue Reading
    March 5, 2020
  • Disability Discrimination and Reasonable Accommodation under California’s Fair Employment and Housing Act (FEHA) [1]

    If your business has five or more employees, your business is one of the millions in California that has a duty to provide reasonable accommodations for its employees with known disabilities. A duty to provide reasonable accommodation arises when the employer knows of the employee’s disability. While the employer undoubtedly becomes aware of the disability...… Continue Reading The post Disability Discrimination and Reasonable Accommodation under California’s Fair Employment and Housing Act (FEHA) [1] appeared first on California Workplace Law Blog.
    March 18, 2019
  • Fishing for a Lawsuit: Tips and Tricks for Personnel Files and Pre-Litigation Records Requests

    If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Plaintiff’s lawyers regularly use Labor Code provisions to obtain pay and personnel records, before a lawsuit has been filed. While employees (or their representative) are undoubtedly...… Continue Reading The post Fishing for a Lawsuit: Tips and Tricks for Personnel Files and Pre-Litigation Records Requests appeared first on California Workplace Law Blog.
    March 15, 2019