The EEOC Is Keeping Busy: EEOC Issues Additional Guidance About the ADA & Final Rules on Wellness Programs

By Emma Luevano

EEOC Guidance on Employer-Provided Leave and the Americans with Disabilities Act

Concerned about the number of complaints filed against employers for failing to provide reasonable accommodations under the Americans with Disabilities Act (“ADA”), the Equal Employment Opportunity Commission (“EEOC”) recently issued a reminder to employers about their obligations. While clarifying that the additional guidance does not create any new obligations, the EEOC reminded employers about the following:

* It is not sufficient to grant employees the maximum amount of leave under the Family and Medical Leave Act (“FMLA”) and/or state equivalent (such as California’s Family Rights Act (“CFRA”)) to meet obligations under the ADA.  Instead, under the ADA, employers must also consider granting additional leave as a form of reasonable accommodation (beyond that required by the FMLA or CFRA), unless doing so will create an undue hardship for the employer.  As the EEOC indicated, “the Commission takes the position that compliance with the FMLA does not necessarily meet an employer’s obligation under the ADA, and the fact that any additional leave exceeds what is permitted under the FMLA, by itself, is not sufficient to show an undue hardship.”  As you already may know, the “undue hardship” standard is not easy for employers to meet. Continue reading “The EEOC Is Keeping Busy: EEOC Issues Additional Guidance About the ADA & Final Rules on Wellness Programs”

New Santa Monica Ordinance Provides for Paid Sick Leave and Increased Minimum Wages

By Anthony J. Amendola

Santa Monica will become the first city in Southern California and the fourth in the state to enact a municipal paid sick leave law. The city’s Paid Sick Leave and Minimum Wage ordinance will take effect in two phases. The first phase will commence on January 1, 2017, when most Santa Monica employees will be entitled to accrue and use up to 40 hours of paid sick leave. That amount climbs to 72 hours the following year, which is three times the amount of paid sick leave that an employee must be permitted to use annually under California’s paid sick leave law. The ordinance also provides a schedule of minimum wage rates for private sector and hotel workers from July 1, 2016 through the year 2022 and regulates service charges imposed by Santa Monica businesses.

Continue reading “New Santa Monica Ordinance Provides for Paid Sick Leave and Increased Minimum Wages”

Everyone Deserves To Have Secrets – Defend Trade Secrets Act of 2016

By Susan Kohn Ross

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which brought with it a new era of accountability and expediency in protecting employers’ intellectual property. Whether proprietary lines of code in a software program, the secret recipe for fried chicken or highly-valued customer lists, “trade secrets” provide a competitive advantage for businesses. While the DTSA provides new avenues for employers to protect their trade secrets, it also imposes additional burdens, creating new whistleblower protections and imposing new notice requirements. Continue reading “Everyone Deserves To Have Secrets – Defend Trade Secrets Act of 2016”