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  • son and father enjoying family leave
    Update: Governor Newsom signed SB-1383 into law on September 17, 2020.

    On August 31, 2020, two minutes before the end of the 2019–2020 legislative session, the California Legislature passed Senate Bill 1383. SB 1383, if signed into law by Governor Gavin Newsom, will be a game-changer for the millions of California workers working for small employers who will become eligible for job-protected family and medical leave under the California Family Rights Act (“CFRA”).

    SB 1383 does two main things:

    1. It expands CFRA coverage to all employers with five or more employees, down from 50.
    2. It allows CFRA leave to be used to provide care for grandparents, grandchildren, siblings, domestic partners, adult children, and children of domestic partners.

    We expect that Governor Gavin Newsom will sign the bill into law given his commitment to expanding paid family leave.

    This blog post discusses the changes to the CFRA created by SB 1383.

  • Applause

    Ramit Mizrahi has been recognized in U.S News & World Report’s 2021 Edition of The Best Lawyers in America© for her work in employment law representing individuals.

    Ms. Mizrahi has also been selected to the 2021 Southern California Super Lawyers® list, again for her work in employment law representing individuals.

    Both honors reflect peer recognition of excellence in practice.

    This marks the ninth year that Ms. Mizrahi has been recognized by Super Lawyers®, including having previously been distinguished as being among the top 100 Rising Stars and top 50 Rising Stars women for three consecutive years.

    Ms. Mizrahi and the Mizrahi Law team remain committed to serving as tenacious advocates for the firm’s clients while working to build collegiality and community in the legal profession.

  • In the below video, Ramit Mizrahi discusses some of the protections that California’s Fair Employment & Housing Act (“FEHA”) and the federal Americans with Disabilities Act (“ADA”) provide to employees with disabilities as they navigate a safe return to the workplace. She discusses reasonable accommodations and the undue hardship standard, and provides examples of how one can approach requesting accommodation in the workplace. The video was created on behalf of the California Lawyers Association on June 4, 2020.

    Ms. Mizrahi’s video of her Facebook Live session with Lupus LA provides even more information, including about leave rights and additional protections.

    While we hope that you find it helpful, this video is posted for informational purposes only and is not meant to constitute legal advice. Please consult with an attorney for your own situation.

  • man putting together final jigsaw pieces to complete a Pride flag

    Today is a day for the history books, and a day for celebration! In Bostock v. Clayton County, a landmark decision released on June 15, 2020, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964’s prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity. In doing so, the Court gave gay and transgender employees throughout the nation workplace protections from discrimination, harassment, and retaliation. The 6-3 opinion, authored by Justice Gorsuch, held that an employer who fires a worker for being gay or transgender violates Title VII, as doing so necessarily discriminates against that person because of sex. In doing so, the Court resolved a split among federal courts as to whether Title VII offered these protections—as some courts had held that employees could be fired for being gay or transgender.

    Here in California, our civil rights law, the Fair Employment and Housing Act (“FEHA”), has protected gay and transgender employees from discrimination, harassment, and retaliation for years:

    • In 2000, the FEHA was amended to prohibit discrimination based on sexual orientation.
    • In 2003, the FEHA was amended to include “gender” in its definition of sex. The definition incorporated by reference then-Penal Code section 422.76, which defined gender as “the victim’s actual sex or the defendant’s perception of the victim’s sex, and includes the defendant’s perception of the victim’s identity, appearance, or behavior, whether or not that identity, appearance or behavior is different from that traditionally associated with the victim’s sex at birth.”
    • In 2011, the FEHA was amended to specifically prohibit discrimination and harassment based on “gender,” “gender identity,” and “gender expression.”

    I have traced this history and written before about why workplace protections are so important for gay and transgender employees. Now, workers throughout the nation will be protected.

    Two of the three plaintiffs in these cases, Aimee Stephens and Donald Zarda, did not live to see this day—a poignant reminder that while we may not see the benefits of some of our work, we do it as much for future generations as for ourselves.

  • In the below video, taken from a Facebook Live session with the Lupus LA community on May 29, 2020, Ramit Mizrahi discusses the rights and protections that employees with disabilities have with respect to workplace accommodations and medical leave.

    While we hope that you find it helpful, this video is posted for informational purposes only and is not meant to constitute legal advice. Please consult with an attorney for your own situation.

  • The May 2020 issue of Advocate Magazine features an article authored by Ramit Mizrahi.

    The article — “Sexual harassment litigation in the post-#MeToo era” — discusses recent changes in sexual harassment law in California and the opportunities created by them. Click on the below image to read the article in full.

    Image of first page of Mizrahi article on sexual harassment litigation in the post-#MeToo era

  • With many businesses closing or shifting to virtual work due to the novel coronavirus pandemic, it can be confusing as a worker to understand what the laws are surrounding your rights and benefits as an employee. Below is a summary of protections and wage-replacement options available to employees in various scenarios related to coronavirus.

  • The January 2020 issue of the California Lawyers Association’s Labor & Employment Law Review features an article authored by Ramit Mizrahi, Andrew Friedman, and Tony Oncidi.

    The article—”The Top Employment Cases of 2019″—highlights the most important California state and federal employment cases from last year. Click on the below image to read the article in full.

    Image of Labor and Employment Law Article

  • podium

    On February 6, 2020, Ramit Mizrahi will be speaking about leave law rights at the California Lawyers Association’s Employment Law 101—Fundamentals for the New Employment Practitioner conference.

    Here are the details:

    Leaves of Absence—Review of All Leaves and Special Focus on FMLA/CFRA/PDL

    Description: California’s leave laws are among the most difficult for employers to comply with and manage. In this module, panelists will discuss the Family Medical Leave Act, the
    California Family Rights Act, Pregnancy Disability Leave, and various other leaves impacting California employers. Special consideration will be given to the interplay of the various leaves and the potential pitfalls.

    Date and time: February 6, 2020, 10:30 a.m. – 12 p.m.

    Location: St. Anne’s Conference Center, 155 N. Occidental Blvd., Los Angeles, CA 90026

    To register, click here.

  • Dollar on a scale

    The federal minimum wage has remained at $7.25 per hour for over a decade–not enough to keep a family of two above the federal poverty line. In an effort to keep people out of poverty, twenty-nine states and the District of Columbia have set their own minimum wage, as have numerous cities and counties. Here in California, we are moving toward a $15 per hour minimum wage for all workers by 2023; Los Angeles will reach a $15 per hour minimum wage for all workers by July 2021. Details about the Los Angeles and California minimum wages can be found in this post.

    Today, the Washington Post reported on powerful new research published in the Journal of Epidemology & Community Health, which found that a $1 increase in the minimum wages was linked to a 3.4–5.9% decrease in the suicide rate among adults with a high school education or less. The largest effects were found when unemployment rates were high.

    In the United States, suicide accounts for approximately 19% of deaths in adults ages 18 to 24 and 11% of deaths in adults ages 25 to 44. Financial stressors are often a factor. For example, the report cited research that “an estimated 1.7% of unemployed US adults attempted suicide in 2017, compared with 0.4% of those working full-time and 0.7% for those working part-time.”

    The report estimates that, between 2009 and 2015, 13,800 suicides could have been prevented among those ages 18–64 years with a high school education or less given an increase in the minimum wage equivalent to $1 above prevailing levels; a $2 increase could have prevented 25,900 suicides.

    I have written many times about the importance of raising the minimum wage and creating a social safety net for those in need (for example, here, here, and here). Indeed, my master’s thesis was about single mothers, poverty, and the minimum wage. This new research shows just how important it is that we ensure that workers can make a living wage to support themselves and their families.

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