Skip to main content

One to Keep An Eye On: SB 1383 (California)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Prior to the July 4th holiday, the California State Senate passed SB 1383 which would expand the availability of unpaid family leave to many workers in the state.  SB 1383, authored by Democratic Senator Hannah-Beth Jackson, would extend unpaid family leave to employers with five or more employees and add to situations in which employees would be able to use family leave (as well as the right to return to the same or comparable job.)

Under the proposed legislation, eligible employees would be able to use up to twelve weeks of unpaid leave for the birth, adoption, or serious illness of a child; to care for a seriously ill parent, spouse, or grandparent, or other listed relative; to deal with their own serious health condition; or to deal with the absence of a spouse, domestic partner, child, or parent that is called to active duty in the armed services.

Now for one of the most important parts of the legislation:  to be eligible, the employee must have at least twelve months of service with the employer and at least 1,250 hours of service with the employer during the previous twelve month period.

It is worth noting (and somewhat curious) that SB 1383 passed the Senate with only 21 votes (out of 40.)  I call this a curious development as Democrats hold 29 of the 40 seats.  In order for SB 1383 to advance to Governor Gavin Newsom’s desk, it now must clear the California Assembly prior to September 1st.  (The California Assembly is also in Democratic control, with Democrats occupying 61 of the 80 seats.)  With SB 1383 only needing majority approval in the Assembly, I think it is likely that this legislation gets to Governor Newsom’s desk...the only question is whether the coronavirus pandemic slows things down.



Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more