UPDATE: SUPREME COURT RULES THAT THE FILING PERIOD FOR CONSTRUCTIVE DISCHARGE CLAIMS BEGIN WHEN THE EMPLOYEE QUITS
- Written by Greg Blueford
As an update to an Eblast posted in January, the Supreme Court has ruled that the filing period for a constructive discharge claim begins to run when an employee resigns as a result of discriminatory behavior, rather than the time of an employer’s last discriminatory act. Constructive discharge occurs when an employee resigns as a result of the employer creating a hostile work environment. As you may recall, in Green v. Brennan, the plaintiff’s constructive discharge lawsuit was barred because he did not file the charge within 45 days of the last discriminatory act.
- Written by Anthony Oceguera
The Nisei Farmers League has filed a lawsuit challenging AB 1513. On June 30, 2016, a hearing will be held in that case to consider the Nisei Farmers League’s request that a temporary restraining order be issued preventing the Department of Industrial Relations (“DIR”) from enforcing (1) the July 1, 2016 deadline for employers to provide the DIR notice that they are electing to participate in the “Safe Harbor” provisions and (2) the December 15, 2016 AB 1513 payment deadline pending trial in this case. If a temporary restraining order is granted, the Nisei Farmers League would stay the enforcement of the AB 1513 deadlines for a period of time, possibly through the time of trial if the matter does not settle. In other words, if successful, the Nisei Farmers League’s actions would push back these deadlines for months, if not potentially years.
COUNSEL TO MANAGEMENT
We know many of you have signed up with the DIR and want to know what your next steps should be. If you have not signed up, but are considering doing so, we would recommend you do so by the July 1, 2016 deadline. For those of you who have signed up, we recommend that you continue with business as usual for the time being by preparing calculations for payments to employees in advance of the December 15, 2016 AB 1513 payment deadline.
The Saqui Law Group will provide you with a further update on how to proceed with the AB 1513 Safe Harbor process once the Court rules on Nisei Farmers League’s request for a temporary restraining order.