Labor Law Expect in 2012

Pregnancy social insurance Benefits Entitled to Special Protection.

Before January 1, 2012, the law afforded women who went out on a pregnancy disability leave to enjoy an equivalent level of advantages all similarly disabled employees received. However, following the enactment of [arguably] greater protections to the present class of girls, California employers in 2012 must now sponsor health care benefits to women out on pregnancy leave. In other words, if employees on a leave of absence unrelated to pregnancy are entitled to employer-sponsored benefits for less than up to 12 weeks and must assume all costs to continue benefits on week 13, this rule will not apply to females on maternity leave. Despite which week of leave they're on in connection to parturition, employers must maintain the extent of contributing to healthcare benefits until the worker returns from an approved leave of absence.

FEHA Expanded to supply More Protections.

Recently signed SB 559 and AB 887 are amended to reflect changes to California's Fair Employment and Housing Act (FEHA) in 2012. FEHA will now prohibit employers during this state from discriminating against employees on the idea of genetic information and "gender expression," additionally to prohibiting discrimination on the bases of race, religion, [apparent] gender, sex, sexual orientation, perceived medical condition, and legal status, among others. The Legislature noted that the range of protection provided by the federal Genetic Information Nondiscrimination Act (GINA) isn't complete for California and may end in a loss of job or refusal to rent supported a person's genetic tests, a biological disposition to certain genetic conditions, an individual's gender-related appearance, or behavior, whether stereotypically related to an individual's assigned sex or not.

DFEH Procedural Regulations Anticipated.

Effective October 7, 2011, the Department of Fair Employment and Housing (DFEH) has instituted new regulations concerning procedures for filing, investigating and processing discrimination and harassment claims. DFEH is that the state agency charged with enforcing the state Fair Employment and Housing Act and handling complaints of discrimination and harassment. Overall, the regulations make it easier for claimants to file their complaints and initiate a DFEH investigation. this is often because the Department is to use a liberal construction to complaints and an employer may not argue that an Open Door Policy never resulted in the employee raising the claims alleged within the complaint, and thus discounting the validity of the employee's claims. The result could also be positive therein less plaintiff's attorneys may seek automatic Right to Sue letters, which inaugurate lawsuits, and therefore the Department's mediation services may make the informal resolution more likely to function as an option than before. Let's keep our fingers optimistically crossed that this is often the top result.

Newsflash: Brinker Meal & Rest Periods Case Reviewed.

On Veterans' Day, 2011, the California Supreme Court heard the long-awaited Brinker matter which has kept plaintiff and defense labor law attorneys alike on pins and needles. Briefly, the case raises the difficulty of whether an employer is required to "police" the workplace to form sure meal and rest periods are literally taken. Interestingly, the Court's inquiry on whether employees maintain more control over their workday once they alone plan to run through lunches or meal periods could signal that the Court is unwilling to agree that employers have a requirement to force employees to require their lunches and meal periods. In other words, the suggestion that an employer must force an employee to punch out and take a lunch, lest they be subject to penalties and fines, undermines a workers' control over his or her workday. The Court isn't expected to publish its decision until February 2012. This decision is certainly one to observe.

Computer Employee Exemption Updated.

Bipartisan legislation introduced within the U.S. Senate in November could update the Fair Labor Standards Act's (FLSA) treatment of computer employee exemptions. Section 13(a)(17) of the FLSA establishes wage and overtime exemptions for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers as long as these employees' specific job duties and compensation meet certain requirements. Specifically, to qualify for a computer employee exemption under current law the employee's "primary duty" must consist of:

• The application of analysis techniques and procedures, including consulting with users, to work out hardware, software or system functional specifications;

• The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, supported and associated with user or system design specifications;

• The design, documentation, testing, creation or modification of computer programs associated with machine operating systems; or

• A combination of the aforementioned duties, the performance of which needs an equivalent level of skills.

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