- Written by Jason Resnick V.P & General Counsel, Western Growers Association, Patrick S. Moody, Barsamian & Moody, Michael C. Saqui, The Saqui Law Group
California’s recently enacted paid sick leave law, the Healthy Workplace, Healthy Family Act of 2014 (hereinafter the “Act”), goes into effect on July 1, 2015. This Act provides that all employees who work in California for 30 or more days within a year are entitled to paid sick leave (PSL). Under the Act, paid sick leave accrues at the rate of 1 hour per every 30 hours worked, paid at the employee’s current rate of pay, and employees are entitled to up to 24 hours or 3 days of PSL per year.
Q: Who is Covered Under the Act?
- Written by Susannah Ashton
What Are The EEOC’s Conciliation Requirements?
The Equal Employment Opportunity Commission (“EEOC”) has the express power to enforce Title VII’s prohibition against employment discrimination. The EEOC is granted expansive investigative authority to effectively pursue claims of employment discrimination. If the EEOC finds reasonable cause to believe that allegations of discrimination have merit, it is required to attempt to resolve the matter by informal methods of conference, conciliation (mediation), and persuasion prior to filing a lawsuit against the employer in federal district court.
Title VII limits disclosure of communications made during conciliation and gives the EEOC unfettered authority to accept the terms of conciliation or to file suit. However, Title VII is silent on whether this authority extends to protection from judicial review of the EEOC’s efforts at conciliation. The EEOC, of course, contends that its efforts are not subject to judicial review on the basis that Title VII requires that conciliation efforts be confidential.
From the employers’ perspective, the EEOC’s desire to shroud all conciliation efforts in secrecy has resulted in strong-arm tactics being used by the EEOC during the conciliation process, with no recourse to the employer. In other cases, the EEOC utterly drops the ball with no real effort to fulfill its statutory duty. A new case gives hope to employers subjected to EEOC conciliation.