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California Enacts New Law Expanding Parental Leave to Small Employers

On Thursday, October 12, 2017, California Governor Jerry Brown signed legislation that extends twelve weeks of unpaid parental leave to California employees who work for small businesses.  The New Parent Leave Act applies generally to California employers with at least 20 and no more than 49 employees.  The practical effect of the Act is to expand the parental leave required under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) to smaller employers.  The new law takes effect on January 1, 2018.

Under the New Parent Leave Act, an employee may take up to twelve weeks of unpaid parental leave within one year of a child’s birth, adoption, or foster care placement, so long as the employee (1) works at a location where the employer has at least 20 employees within a 75 mile radius, (2) has at least twelve months of service with

Are Head Lice a Disability? Navigating the Americans with Disabilities Act.

August 25, 2017

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What if you had an employee who kept coming to work with head lice?  What should you do?  Employment lawyers get all kinds of questions about the Americans with Disabilities Act—and some of these can give you a serious case of the heebie-jeebies.  Here is a short tutorial on the basics of navigating this important law, seen through the lens of that bane of parents everywhere: the louse.

Under the ADA, a disability is (1) “a physical or mental impairment” that (2) “substantially limits one or more of the major life activities of such individual.”  Under this test, the claimant must first prove that he or she has a physical or mental impairment, which is defined as “any physiological disorder or condition.”  But what qualifies as a physiological disorder or condition?   According to the Merriam-Webster dictionary, “physiological” means relating to “the organic processes and phenomena of an organism or any

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