Rules Would Implement a Requirement Mandated by the Dodd-Frank Act
On April 29, 2015, the SEC proposed rules on the disclosure of executive pay versus company performance. The proposed rules implement Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which directs the SEC to adopt rules requiring public companies to disclose the relationship between executive compensation actually paid and the financial performance of the company.
Highlights of the Proposed Rules
According to the SEC, the proposed disclosure would be required in proxy or information statements in which executive compensation disclosure is required.
Further, the proposed rules would require companies to
What to do if you have experienced Sexual Discrimination at Work
Always remember that federal and state laws are in place to protect you from sexual discrimination at work. If you believe you have been a victim of sexual discrimination, it’s important to know what to do especially in California.
Below are five critical steps you need to take:
- Document the situation. Make notes on your home computer or personal note pad that include: date(s), location, time, witnesses, and details of the incident. If there is a witness, ask them to do the same. Be sure that you do not keep this documentation at work.
Eric Kingsley Among ADL Leadership Who Met with French Ambassador Araud
As reported by Anti-Defamation League (ADL) Pacific Southwest Region, French Consul General Axel Cruau held a small reception for visiting French Ambassador to the US Gérard Araud. ADL International Affairs and Executive Committee members Eric Kingsley, Maurice and Kim Lewitt, Nicole Mutchnik, and Mary Weissmann joined Regional Director Amanda Susskind together with other Jewish community leaders in Los Angeles for the April 28th meeting.
According to ADL reports, Ambassador Araud
Ellen Pao v. Kleiner Perkins Caufield & Byers LLC
Ellen Pao filed suit against Kleiner Perkins in 2012 for $16 million in damages for gender discrimination and retaliation, plus unspecified punitive damages. She alleged that Kleiner Perkins had promoted male partners over equally qualified women at the firm, including herself, and then retaliated against her for raising concerns about the firm’s gender dynamics by failing to promote her and finally firing her. Federal and California labor employment laws carry various tenets, statutes and regulations designed to shield workers of either gender from unwanted or unfair discrimination.
Kleiner Perkins responded that Pao, in its view, lacked “the ability to lead others, build consensus and be a team player,” attributes the defendant claims are needed for success in the
Background – Young v. United Parcel Service, Inc.
The plaintiff, Peggy Young, was employed as a delivery driver for the United Parcel Service (UPS) in 2006, when she requested a leave of absence in order to undergo in vitro fertilization. Following a successful procedure, Young became pregnant and her doctors advised her to not lift more than twenty pounds while working. This advice contradicted UPS’s employee policy which requires their employees to be able to lift up to seventy pounds. Due to Young’s inability to fulfill this work requirement, as well as the fact that she had used all her available family/medical leave, UPS forced Young to take an extended, unpaid leave of absence. During this time she eventually lost her medical coverage. Young gave birth in April 2007 and resumed working at UPS thereafter.
Revisions to the California Family Rights Act Regulations
Revisions to the California Family Rights Act (CFRA) regulations have been approved and are set to take effect on July 1, 2015. The new CFRA regulations are largely focused on synchronizing employer obligations under CFRA and FMLA, the federal Family and Medical Leave Act.
Several of the primary updates to align the CFRA and the FMLA include:
- The definition of “eligible employee” clarifies the 12 month length of service requirement and explains how to determine whether there are 50 employees within a 75 mile radius for an employee who has no fixed “worksite”. The regulations clarify that if a person works from home, the worksite to which they are assigned as their home base, from which their work is assigned or to which they report is their worksite, not their home office.
- If an employee does not have the twelve month length of service to qualify for CFRA leave at the start of a leave, but reaches the 12 month service requirement during the leave, the employer must provide CFRA leave when the employee qualifies.
- The definition of “covered employer” adds guidance for joint employers. When two or more businesses exercise control over the employee’s work or working conditions then both may be considered joint employers under the CFRA.
While new regulations attempt to align the two Employment Acts, there remain a number of key differences between FMLA and CFRA entitlements. Some of the notable differences that remain include:
With the introduction of AB 588 and its intent to close so-called “loopholes”, it is important for employees and employers to realize the benefits of PAGA and how it prevents employers from committing labor code violations related to wages, rest periods, health and safety, and retaliation.
What is PAGA?
California rolled out a unique approach to enforcing the State’s Labor Code when it enacted the Private Attorney General Act of 2004 (PAGA) codified in Cal. Lab. Code § 2698, et seq. PAGA allows a private citizen to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency (LWDA) provided the formal notice and waiting procedures of the law are followed.
More specifically, PAGA allows current and former employees to file lawsuits to recover civil penalties that would otherwise only be recoverable by the government. It is used for wage-and-hour and safety violations, and the lawsuits are filed on behalf of the named employee and other “aggrieved” current and former employees.
Reyes v. Dollar Tree Stores, Inc.
(Filed April 1, 2015, No. 15-55176) in the United States Court of Appeals, Ninth Circuit
According to Court records, Defendant Dollar Tree Stores, Inc. removed this case to federal court in 2012, invoking jurisdiction under the Class Action Fairness Act of 2005 (CAFA). Plaintiff Richard Reyes moved to remand, representing that the amended complaint defined the proposed class narrowly and that the CAFA $5,000,000 amount-in-controversy requirement was therefore unsatisfied. The district court agreed and remanded.
In May 2014, a California superior court certified a broader class than the one described by Reyes during the first removal. It is uncontested that the amount in controversy for the class actually certified exceeds $5,000,000. Dollar Tree again removed after the superior court entered the class certification order, but the district court found removal untimely because the order was based on the same complaint that was the subject of the first removal.
Cheerleaders to Gain Protections Under AB 202
Introduced on January 29, 2015 by California Assemblywoman Lorena Gonzalez (D-San Diego), AB 202 would require that a California-based professional sports team that utilizes the services of cheerleaders, as defined, to provide those cheerleaders with specified rights and benefits afforded to its employees under existing employment laws, regardless of the terms and conditions under which the cheerleader performs.
Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship.
Allegations of Rest Break Violations
Plaintiffs Jennifer Augustus, Emmanuel Davis, and Delores Hall, formerly security guards employed by defendant ABM Security Services, Inc. (ABM), allege on behalf of themselves and a class of similarly situated individuals that ABM failed to provide rest periods required by California law. Specifically, the plaintiffs cited ABM’s failure to relieve security guards of all duties during rest breaks, instead requiring its guards to remain on call during breaks.