A Look Into the Nuances of California’s Labor Code

Various state and federal laws govern the amount of wages to which an Orange County employee is entitled.
A recent case involving a collective bargaining agreement (Vranish v. Exxon Mobil Corp.) illustrates the fact that unionized California employees may be subject to different legal requirements than employees not represented by a union or labor group when it comes to overtime pay. In this case, the California Court of Appeal ruled on the issue of whether state overtime laws applied to employees covered by a collective bargaining agreement.

The EEOC’s Guidance on the ADA and Employers’ Leave of Absence Policies

Many Orange County employers are unclear as to the type and scope of legal protections available to employees with a recognized disability. Under the Americans with Disabilities Act (“ADA”), employees are offered various types of safeguards, including the right to not be discriminated against because of his or her disability, and can seek “reasonable accommodations,” including a leave of absence, for their disabilities.

According to the ADA, employers are required, under certain circumstances, to reasonably accommodate an employee’s physical or mental impairment that limits a “major life activity” for that employee. One way in which employees have sought to be accommodated is by obtaining leaves of absence from their jobs in order to accommodate their disability. This can result in a conflict between employee and employer. Whereas an individual with a disability may feel a leave of absence is crucial to his or her health and well-being, employers often feel that extended leaves of absence are too disruptive to their business operations, and therefore not “reasonable”. Discuss your rights as an employee with an experienced ADA lawyer in Orange County.

Must an Employee Request a Reasonable Accommodation Under the ADA?

The Americans with Disabilities Act, or ADA, is a federal law that protects individuals from discrimination based on disability in a variety of contexts. Although the ADA offers wide-reaching protection, legal remedies for individuals with disabilities are not necessarily automatic. As a recent federal case illustrates, individuals with disabilities must take certain necessary steps prior to filing a lawsuit under the ADA.

For example, in order to establish a claim under the ADA for workplace discrimination, an individual with a disability must allege certain facts, or elements. First, the employee must show that he or she has a disability. An individual with a disability, as defined by the ADA, is someone with a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. Second, the employee must show that he or she is qualified (with or without a reasonable accommodation) to perform the functions of the job in question. Lastly, the ADA plaintiff employee must show that he or she suffered discrimination based on his or her disability.

California Supreme Court Rules on Class Action Sampling Methodology

Class actions are a common type of litigation in California (learn more about class action lawsuits here). But successfully filing a class action lawsuit is not always easy and involves meeting certain legal requirements. In fact, one issue that often arises in filing a class action involves determining who will be members of a particular class, and whether a given group of people qualifies as “class members”. In the recent case of Duran v. U.S. Bank N.A., the California Supreme Court weighed in, indicating that representative samples are sometimes improper methods of determining class members, but stopping short of defining a clear rule of when and for what reasons representative samples are admissible in state court.