The 2006-07 California Legislative & Case Law Update

This Briefing co-sponsored by Littler Mendelson and Progressive Benefit Group will include a review of the legislation signed into law by Governor Schwarzenegger, which will impact California employers in 2007 and beyond. There will be a breakdown of the relevant legislation and an analysis of how it will impact your workplace. The handout materials for this session will also include an analysis of the latest proposed final draft of the AB 1825 harassment training regulations. What must be covered, who can do the training?, etc.

A partial list of case law topics to be covered includes:

• Wage and Hour: Review of the status of the California Supreme Court review of meal and rest period issues. Review of new DOL guidance on ability to discipline exempt employees based on hours worked; review of new minimum wage rules and other developments including other DLSE and court guidance on wage and hour developments.
• Sexual Harassment: Review of the California Supreme Court decision in the "Friends" raunchy talk decision and its impact on the workplace; review of other recent court decisions that should be included in the AB 1825 harassment training for supervisors.
• Disability Discrimination: The impact of recent California Court of Appeals cases involving the reasonable accommodation obligation; the new protections afforded those "regarded as" disabled; clarifications regarding the obligation to provide light duty and what constitutes "essential functions" of a position; and the protections afforded to alcoholics, etc.
• Retaliation: Review of the recent California Court of Appeal decision approving personal liability for supervisors for harassment and recognizing a separate cause of action for failure to prevent retaliation. Review of the U.S. Supreme court decision significantly broadening the definition of what constitutes retaliation in the workplace.
• Discrimination: Review of the recent U.S. Supreme court decision regarding the use of the word "boy" in the workplace; the impact of the Ninth Circuit decision regarding requirements that female employees wear make-up and the impact on dress codes.
• Leave of Absence and FMLA Decisions: Review of recent decisions regarding when an employer is on "notice" of the need for a leave; what constitutes satisfactory "paperwork" substantiating the need for a leave; when can an employer "eliminate" an employees job while they are out on a FMLA leave.
• Other Issue Areas: Including, but not limited to, Employee privacy, use of arbitration in the workplace, and the impact of use of covenants not to compete.
• Suggested Employee Handbook Updates: A part of this session will also include practical advice regarding the impact of these various decisions on the updating of your current employee handbook policies.

Program cost is $50.00.