09 Jan '14
The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) require accommodations for employees with disabilities. If a qualified employee requests a reasonable accommodation, the employer must provide it unless it “can demonstrate that the accommodation would impose an undue hardship on the operation […]
02 Jan '14
2014 will be the year of the whistleblower in California.
Here’s why: On January 1, 2014, new laws (AB 263, SB 496, and SB 666) went into effect that fixed major gaps in Labor Code § 1102.5, the California whistleblower protection law. These are gaps that you probably didn’t even know existed . . . .
26 Dec '13
This is another post in my series on mistakes employers make. In this post, I discuss employer leave policies–specifically those that impose maximum leave amounts and “no fault” attendance policies–and why they can end up unlawfully denying employees their rights. While this post covers obligations under both the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), I will refer to the ADA only with the understanding that it sets the “floor of protection” under the FEHA (and the FEHA, in fact, affords workers greater protections).
An Inflexible Maximum Leave Policy Violates the ADA
Many employers have “maximum leave” policies, under which employees are automatically terminated. . . .
19 Dec '13
Here’s a scenario that I come across regularly: A worker with health issues goes out on a medical leave under the Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA). Her employer tells her that once her FMLA/CFRA leave is exhausted, she will be terminated if she cannot return to work immediately. The worker is unable to return to work at the required date and is fired.
Big mistake. Here’s why: Even if the worker’s leave is no longer covered by the FMLA/CFRA (or was not covered in the first place), other protections may apply, including those created by the Americans with Disabilities Act of 1990 (ADA) and California’s Fair Employment and Housing Act (FEHA). . . .
12 Dec '13
Reader, you can help bring paid family and medical leave to Americans throughout the country!
Today, Senator Kirsten Gillibrand (D-NY) and Representative Rosa DeLauro (D-CT) will introduce the Family and Medical Insurance Leave Act (“FAMILY Act”). If passed, this bill will provide workers throughout the country with up to 12 weeks of paid family and medical leave.
In a post I wrote for CELA Voice, . . . .
This is the final post in a four-part series on California’s parental and family care leave laws. In the previous posts, I identified and discussed several barriers that prevent workers from taking time off to bond with new babies and care for sick relatives: lack of information about the law, the lack of job protection, and the financial hardship caused by unpaid leave. In this post, I address what I believe is the trickiest barrier: fear by workers that they will be penalized at work for taking job-protected leave.
A 2012 Department of Labor Survey on the Family and Medical Leave Act (FMLA) found that in a given year, among those protected by the FMLA, approximately 13% of workers took FMLA leave while another 5% of workers . . . .
28 Nov '13
The Mizrahi Law Blog wishes all of you a wonderful Thanksgiving (or, Thanksgivukkah if you are celebrating that!).
There are so many reasons to be grateful this year. While many of them are personal to each of us, there is one that all of us should celebrate: the expansion of paid family leave to California workers.
Family leave laws are tremendously important. They allows workers — female and male — to put their families first and take time off to care for them when they are in need. Leave laws are one component in a broader set of laws that protect workers who care for their families, allowing men and women both to lead richer, fuller lives without fear of losing their jobs or being “mommy tracked” or “daddy tracked.” This issue has always been close to my heart, but as a parent myself, it has particular significance. . . .
27 Nov '13
You may have seen the photo above making the rounds on the internet. It’s from a Canton, Ohio Wal-Mart store where management put out bins for workers to donate food to other workers for Thanksgiving dinner. In “Giving thanks: A luxury that Wal-Mart workers can’t afford,” a blog post written for CELA Voice, Sharon Vinick and I discuss why this photo is so significant. . . .
Can you say with confidence if you are eligible for leave under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), Pregnancy Disability Leave Law (PDLL), or other laws? Do you know how much time you would be permitted to take off under each of these laws? Do you know the total time you could take off? If you answered anything other than “yes” to these questions, you are like most workers I speak with who don’t yet know what their leave rights are. Read on, and hopefully you will find the information you are looking for.
This is the third post in a four-part series on California’s parental and family care leave laws. In the first two posts, I identified the barriers that prevent workers from taking time off to bond with new babies and care for sick relatives and discussed two of them: the need for job-protection and the financial hardship caused by unpaid leave. In this post, I address yet another barrier to California workers taking the full leave time to which they are entitled: a lack of knowledge about their rights.
The Mizrahi Law Blog
Mizrahi Law, APC
- 234 E Colorado Blvd, Ste 800, 91101 Pasadena, California
- (626) 380-9000
- (626) 606-3999
- Ms. Mizrahi was elected as an officer of the State Bar of California Labor & Employment Law Section.
- Ramit Mizrahi has been selected as one of the Top 100 Super Lawyers® Rising Stars and Top 50 Women Rising Stars in Southern California.
- Ms. Mizrahi has been selected as a Pasadena Magazine Top Attorney.
- Ms. Mizrahi has been selected as a Los Angeles Magazine Top Women Attorneys In Southern California for the fourth year in a row.
Latest Blog Posts