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Lynberg
& Watkins
ATTORNEYS AT LAW
A PROFESSIONAL
CORPORATION |
| Los
Angeles - Orange County
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http://www.lynberg.com
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Volume II, Issue 2 |
Monthly
Newsletter
March
2009 |
Employment
Law
Record
Number of Job Discrimination Claims Filed in 2008.
The
mass layoffs of 2008 resulted in a 15% increase in the number
of discrimination claims filed with the Equal Employment
Opportunity Commission (EEOC) to 95,402. The largest
increase was in the number of age discrimination claims,
which jumped 28.7% from the number of claims filed
in 2007. Claims for retaliation by employees who believed
they were fired or demoted because of their complaints of
bias or other issues in the workplace saw the second highest
increase. This increase in the number of workplace
discrimination claims is suggestive of what employers can
continue to expect this year.
PRACTICAL
TIP: It is always essential for employers to take
the necessary steps to avoid employee claims before they are
made or filed. With the increasing number of such claims,
a proactive strategy of education and instruction is more
important than ever. Employers need to ensure that their
work forces are properly explained their rights, and obligations,
as employees and that their administrative/managerial personnel
are fully aware of the proper method to handle and respond
to claims. Does
Your Organization Need an Employment Law Tune-Up?
(1) Lynberg &
Watkins provides the 2-hour state mandated sexual harassment
prevention seminars presented by partner Ric
C. Ottaiano, who has specialized in the defense of harassment,
discrimination, civil rights, and employment matters for approximately
15 years. Please feel free to visit the following link to
view recent recommendations and testimonials concerning this
program: http://www.lynberg.com/practice/training_ab1825.html
(2)
Inasmuch as
both state and federal law provides employees with the right
to various leaves of absence, Lynberg and Watkins also presents
in-house seminars explaining how to properly administer these
leaves pursuant to the Family Medical Leave Act (FMLA) and
the California Family Rights Act (CFRA), and instruction on
the manner in which these mandated benefits interact with
standard maternity and other leaves of absence. Amendments
to the Family and Medical Leave Act (FMLA), which provide
for new military leave entitlement, new administrative forms,
medical certification protocols, and new notice requirements
among other changes impacting employers went into effect on
January 16, 2009. It
is important for employers to keep current on these new rules.
(3) Disability discrimination
claims brought by employees under the Americans with Disabilities
Act (ADA), or the similar California state law provisions
of the Fair Employment and Housing Act (FEHA), for failure
to accommodate typically will focus upon the alleged failure
of the employer to engage in a good faith interactive process.
To assist HR departments (or their equivalents) in navigating
this sometimes complicated area of the law, we provide in-house
consultation to the appropriate personnel to explain the
manner in which these claims should be handled from start
to finish.
General
Liability
Apartment
Complex Tenant Had a Right to Enjoy Outdoor Common Areas Without
Exposure to Secondhand Smoke.
A California Court of Appeal held that an apartment complex
tenant has a nuisance cause of action against the apartment
complex's management company based on its failure to limit
secondhand smoke in the outdoor common areas of the apartment
complex. Birke v.
Oakwood Worldwide. The Court noted that the jury
should determine whether the management company failed to
limit smoking in common areas that the plaintiff had a right
to enjoy and whether it participated in creating a secondhand
smoke hazard in the common areas by providing ashtrays, permitting
its employees to smoke, and not creating a smoking area.
PRACTICAL TIP: This
case is a reminder that in California, among the rights
that people have in the enjoyment and use of their property,
is the right to be free from secondhand smoke.
Off the Beaten
Path
Pet
Trusts.
Periodically
we feel the need to report on something that, although not
part of our generally accepted practice area, is nevertheless
so interesting, arcane or just plain bizarre that it cries
out to be mentioned.
As of January 1, 2009 the State of California recognizes
and now deems enforceable what are known as "pet trusts".
For those who were not following this previously, if you
are concerned about how to take care of your pet after your
incapacity or death (or want to get even with ungrateful
children), you can now set up a separate trust to do so.
The details can be found in Probate Code §15212.
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Disclaimer
The content of this
newsletter is for informational purposes only and is not intended
to serve as a source for legal advice. Lynberg & Watkins,
APC expressly disclaims all liability with respect to actions
taken or not taken based upon such information or with respect
to any errors or omissions in such information. As we are
not providing legal advice through this newsletter, information
contained herein should not be relied upon for any purpose
without seeking legal advice from a duly licensed attorney
competent to practice law in your jurisdiction. To contact
Lynberg & Watkins, APC please e-mail rottaiano@lynberg.com.
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