Posts from July 2023.
Pregnant Workers Fairness Act Expands Accommodation Obligations

Employers have new accommodation obligations under the federal Pregnant Workers Fairness Act (“PWFA”), which became effective June 27, 2023.

The federal PWFA grants covered employees a right to reasonable accommodations related to pregnancy, childbirth, and related medical conditions, even if an employee’s condition does not qualify as a “disability” under the Americans with Disabilities Act (“ADA”). Covered employers include those with more than 15 employees. Covered employees include those who are pregnant, recovering from childbirth, or have “related conditions.” Employers must adjust their policies, practices, and trainings to fulfill this new law’s mandates and avoid potential liability.

California Supreme Court Limits The Spread Of Covid-19 Liability

A wife sued her husband’s employer after she became infected with Covid-19 and was hospitalized.  The case was removed from state court to federal court, and the federal district court dismissed her lawsuit because:  (1) her claims based on contact with her husband were barred by the exclusive remedy provisions of Workers’ Compensation Act (“WCA”); (2) her claims based on indirect contact with infected surfaces failed to plead a plausible claim; and (3) the employer’s duty to provide a safe workplace did not extend to nonemployees who contracted a virus away from the jobsite.  The case was appealed to the Ninth Circuit Court of Appeals, and that court certified two questions to be decided by the California Supreme Court in Kuciemba v. Victory Woodworks, Inc., 2023 WL 4360826 (Case No. S274191 July 6, 2023).

Categories: Litigation

The following cities and counties in California increased their minimum wage rates effective July 1, 2023:

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