California law now guarantees meal breaks and rest periods to public sector and UC workers who provide or support direct patient care in a hospital, clinic, or public health setting.
Private sector nurses have been guaranteed meal breaks and rest periods for some time. However, public sector nurses have not enjoyed these basic protections, even though they perform the same job duties. Continue reading “Meal Breaks for Public Sector and UC Health Care Workers”
Read more...In a hard-fought victory, Hunter Pyle Law recently prevailed on opposing an employer’s Motion to Compel Arbitration. Hunter Pyle Law filed a wage and hour class action and representative action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of our client. The complaint seeks relief for nurses who worked throughout the state of […]
Read more...Under California law, a “disability” is broadly construed. In the employment law context, an individual qualifies as having a “disability” under California law if the individual: 1. Has a physical disability, mental disability, special education disability, or medical condition that limits one of the major life activities of the individual; and 2. Has a record or […]
Read more...While California law protects employees who are disabled, it also protects workers whose employers perceive them to have a physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. See Cal. Gov’t Code § 12926.1(b). In other words, California law protects workers from adverse employment actions because their employer […]
Read more...California law prohibits an employer from taking an adverse action against an employee based on the employee’s association with a disabled person. See Cal. Gov’t Code § 12926(o). This is referred to as an “associational disability” claim. To prove an associational disability claim, an employee must prove that: (1) the “disability” from which they suffer […]
Read more...
Under the Fair Employment and Housing Act (FEHA), an employee must generally provide an employer notice of the need for a reasonable accommodation for his or her disability. Achal v. Gate Gourmet, Inc., N.D. Cal. 2015, 114 F.Supp.3d 781. There is no one set way to request an accommodation, but an employer is not required to provide a reasonable accommodation until it is aware of the employee or applicant’s disability and physical limitations. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”
Under California law an employer must make reasonable accommodations for the known disability of an employee or applicant. Cal. Gov’t Code §12940(m); Dep’t of Fair Emp. & Hous. v. Lucent Technologies, Inc., 642 F.3d 728, 743 (9th Cir. 2011). A reasonable accommodation under the Fair Employment and Housing Act (“FEHA”) is “a modification or adjustment […]
Read more...
Under the California Fair Employment and Housing Act (FEHA), an employer must make a reasonable accommodation for the known disability of an employee. Cal. Gov. Code §12940(m); Department of Fair Employment and Housing v. Lucent Technologies, Inc. (9th Cir. 2011) 642 F.3d 728, 743. Failure to reasonably accommodate a disabled employee or applicant is a violation of the FEHA in and of itself. Brown v. Los Angeles Unified School District (2021) 60 Cal. App. 5th 1092, 1107; Furtado v. State Personnel Bd. (2013) 212 Cal.App.4th 729, 745. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”
In California, employers are required to provide reasonable accommodations for applicants or employees with physical or mental disabilities.[1] However, an employer does not have to provide accommodations if those accommodations create an “undue hardship” for the employer.[2] California law defines undue hardship as an “action requiring significant difficulty or expense.”[3] When deciding whether a potential accommodation […]
Read more...Under California’s Fair Employment and Housing Act (“FEHA”), it is an unlawful for an employer or any other person to harass an employee due to their physical disability, mental disability, or medical condition.[1] Unlike claims for discrimination, liability for harassment applies to “any person” and thus extends to individuals, including individual supervisory employees.[2] In order for […]
Read more...