McLeod Witham

Current Events and Politics

California Legislature Considers Significant Changes To FEHA And Labor Code

In the wake of recent and high profile sexual harassment cases and the continued gap in wages between men and women, the California Legislature is on the verge of making significant changes to the Fair Employment and Housing Act.  The following is a brief summary of the various proposals working their way through the California State Assembly and State Senate:

California To Enhance Paid Family Leave and Disability Benefits

California was the first state in the nation to offer paid family leave.  Today, it remains one of only a handful of states in the country to offer such a program.  Since its implementation in 2004, Californians who have the SDI deduction taken from their paychecks - including all employees and self-employed individuals who choose to contribute - are eligible to receive partial wage replacement benefits through the state’s Employment Development Department for up to six weeks, in order to bond with a new baby or care for a seriously ill family member, among other reasons.  Wa

California Prohibits Salary History Inquiries During The Hiring Process

Governor Brown also recently signed A.B. 168, which adds Section 432.3 to the Labor Code as of January 1, 2018. 

Governor Brown Extends Harassment Training Requirements To Include Gender Identity, Gender Expression, And Sexual Orientation

     As many of you know, employers in California that have more than 50 employees are required to provide at least two hours of classroom or “other effective interactive training and education” regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position.  In addition, employers that are required to provide harassment training to their supervisory employees mu

Legislative Update: The "Opportunity To Work" Act

Assembly Bill 5, known as the “Opportunity to Work Act” recently cleared the California Assembly Committee on Labor and Employment by a 5 to 2 vote.

Federal Court Prohibits Sexual Orientation Discrimination For The First Time

            On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court to rule that sexual orientation discrimination is prohibited by Title VII.  In Hively v. Ivy Tech Community College of Indiana, the Court ruled that sexual orientation discrimination is a form of unlawful sex discrimination against those who do not conform to traditional gender roles in their relationships.

Know Your Maternity Leave & Workplace Rights

I am excited to announce that I will be teaching a new class at the Pump Station's two locations in Los Angeles for expectant and new parents, "Know Your Maternity Leave & Workplace Rights."  The class will cover the complex array of laws applicable to expectant and new parents in California and help you make sense of it all. You won't have to wonder how much maternity leave you are entitled to, or whether your employer can cut your pay while you take time to pump.

ACA Uncertainties: Do employers still need to provide lactation accommodations if the ACA is repealed?

Among the questions we’ve been asked lately regarding the potential impact of the anticipated repeal of the Affordable Care Act (the “ACA” or “Obamacare”) is whether employers in California must continue to provide lactation accommodations to employees, if the landmark healthcare law is repealed.  In short, yes

Justice Gorsuch Emerges As Potential Supreme Court Nominee

Recent news reports claim that President Trump will announce his Supreme Court nominee next week.  Although candidate Trump previously released a list of potential Supreme Court nominees, recent news reports claim that Justice Neil Gorsuch of the 10th Circuit Court of Appeals is under strong consideration and may end up being selected.