“She never asked for anything” is the sentence that turns a manageable performance issue into a FEHA case. Under FEHA, the duty to engage in the interactive process is not triggered by a formal accommodation request. It is triggered when…
Belief: when a California-based employee works a week in Nevada, Texas, or Arizona, that state’s overtime rules apply because that is where the work happened. California courts and the Labor Commissioner have rejected that view. California’s daily-and-weekly overtime rules generally…
Belief: seasonal allergies are a personal annoyance, not a workplace accommodation issue. Most of the time they are minor. But the legal risk comes from how managers respond when an employee says allergies are interfering with breathing, concentration, or the…
Belief: once leave is exhausted, the decision is automatic. It isn’t. Leave issues always require a documented process. When an employee requests additional time, modified return‑to‑work, or another adjustment tied to a medical condition, the employer must engage in an…
Attendance policies feel objective, which is why businesses lean on them. In California, the risk is that a neutral policy can collide with protected leave and disability accommodation obligations, and the policy can become the evidence. The operational failure mode…
California’s Pregnancy Disability Leave law and California Family Rights Act both apply to employers with five or more employees and provide protections more extensive than federal Family and Medical Leave Act coverage. Employers often confuse these overlapping leave rights, creating…
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