201303.26
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U.S. Supreme Court Hears Oral Arguments on California’s Same-Sex Marriage Ban

Today, the U.S. Supreme Court heard oral arguments regarding Proposition 8, California’s same-sex marriage ban. Same-sex marriage advocates and opponents have long awaited these oral arguments, and the justices’ questions to the attorneys arguing the case have left observers wondering if the Court’s ultimate opinion will reach the merits of the case at all. The…

201303.20
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Pregnant Employees Entitled to Pregnancy Leave In Addition to General Disability Leave

California pregnancy leave laws are notoriously complex. Under the Pregnancy Disability Leave Law (“PDLL”), which is part of the Fair Employment and Housing Act (“FEHA”), employees are entitled to up to four months of leave for pregnancy-related disabilities. If an employee’s pregnancy-related disability persists beyond four months, however, the law was previously unclear regarding whether…

201303.11
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Foreign National Employees Settle Wage and Hour and Breach of Contract Claims for $30 Million

A recent $30 million settlement is likely to encourage future class action lawsuits by foreign national workers. In Vedachalam v. Tata America International Corp., et al., a class of foreign national workers sued their employer, Tata Consultancy Services, Ltd., a Mumbai-based staffing company, for breach of contract and wage and hour violations. The plaintiffs alleged…

201303.06
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California Supreme Court Depublishes Three Decisions Interpreting Brinker

Last April, the California Supreme Court resolved long-standing confusion regarding the definition of the word “provide” in Labor Code §512, which requires employers to provide meal breaks to employees who work for more than five hours. In the landmark Brinker decision, the Court clarified that an employer must relieve its employees of all duties during…

201303.05
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New Amendments to FEHA Clarify Religious Accommodation Requirements

Recent amendments to California’s Fair Employment and Housing Act (“FEHA”) provide clarity regarding an employer’s duty to provide religious accommodations to its employees. FEHA protects employees from discrimination and harassment based on religion, and requires employers to reasonably accommodate employees’ requests for religious accommodation unless such accommodation would cause “undue hardship” to the employer. Under…