On April 5th, San Francisco became the first U.S. city to mandate paid parental leave to allow parents to bond with their children. California already has a statutory scheme under which employees would get partially paid parental leave through the California Disability Insurance Program. Therefore, California employers are required to pay employees 55% of their regular pay up to a cap of $1,129 per week for parental leave. Under the ordinance passed by the San Francisco Board of Supervisors, effective January 1, 2017, employers who have 50 or more employees will have to make up the difference between what the employees would get under the California statutory parental leave benefit, and what their regular pay would be for a maximum of six weeks. In order to be eligible for this particular benefit, employees must have worked for their employer for 180 days before the leave period. Interestingly, this benefit will cover part-time employees as well as temporary employees. Under this ordinance, employers who do not comply with the newly enacted law are subject to a private right of action on behalf of the employee which includes restitution, liquidated damages, injunctive relief and attorneys’ fees. The statute does allow an employer to apply two weeks of paid PTO to the six weeks of leave. If an employee is terminated while she is entitled to the six weeks of leave, she is still entitled to the six weeks of leave, irrespective of the fact that she may have been terminated by the employer. While this legislation may seem outlandish to East Coast companies, it is in alignment with California’s pro-employee statutory scheme and could very well be emulated by East Coast employers in upcoming years. To learn more about this new legislation, this week’s Telebrief here.
Also in this week’s Labor & Employment Telebrief: an HR professional was found personally liable in a contested FMLA case, when to include health-related inquiries in the recruiting process, where you are allowed to set up video surveillance in the office, and whether or not obesity is considered to be a disability under the ADA.
ABOUT THE TELEBRIEFS®
Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company. Our guarantee: You will learn something useful, on every call! If you have any questions regarding labor and employment issues, please contact Howard Kurman: firstname.lastname@example.org | 410.209.6417
ABOUT HOWARD KURMAN
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group. You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
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