Legal Question in Business Law in California

Consequences to a business if they do not comply with the California Family Leav

What are the consequences a business must face if they do not comply with the new California Family Leave Act?

Asked on 10/09/02, 2:57 am

2 Answers from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Consequences to a business if they do not comply with the California Family

Corporations, Partnerships, Sole Proprietors, etc. must comply with both the codified Family Leave Act in their State and with the Federal Family Medical Leave Act = 29 USC 2601. If not they open themselves up to, not only violation of State and Federal law, but also to a litigation for denying employees' rights under the Acts. Off the top of my head, that means Leave for 12 weeks within a 12 month period for reasons such as pregnancy, bonding with new child, illness, illness of a loved one, chronic illness, even intermittent illnesses, etc. I think I need to narrow your question down a bit. Are you a business owner dealing with an employee that has NOT taken so much leave as they are due under the Family Leave Act and you want to fire them? - or - Are you an employee wanting to exercise your right to family leave?

Read more
Answered on 10/09/02, 1:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Consequences to a business if they do not comply with the California Family

Complaints for violation of the Moore-Brown-Roberti Family Rights Act of 1993 (Government Code sections 12945.1 et seq.) are heard as administrative proceedings, not court trials, before the Dept. of Fair Employment and Housing.

If a complaint is brought and the employer loses after a hearing, the most likely result is a cease and desist order. If the order is then not obeyed, the next step is an injunction, and if that isn't obeyed, contempt of court which could include jailing of the offender.

If the business has any state-granted licenses, these are subject to cancellation.

There are criminal penalties (misdemeanor; jail time plus small fine) for willful obstruction of departmental officers or willful failure to keep certain records.

The long and short of it is that if an employee is sufficiently disgruntled to pursue remedies against an out-of-compliance employer, the result can be costly.

Read more
Answered on 10/09/02, 1:52 pm

Related Questions & Answers

More Business Law questions and answers in California