Labor and Employment Law
Ca. Labor & Emp't Rev. VOLUME 40, NUMBER 2, MARCH 2026
Content
- LABOR & EMPLOYMENT LAW SECTION EXECUTIVE COMMITTEE 2025-2026
- Adr Update
- California Employment Law Notes
- Cases Pending Before the California Supreme Court
- Inside This Issue
- Masthead
- Message From the Chair
- Nlra Notes
- Public Sector Case Notes
- Wage and Hour Case Notes
- McLe Self-study: the U.S. Supreme Court's Shapeshifting On Fee Shifting
MCLE SELF-STUDY: THE U.S. SUPREME COURT’S SHAPESHIFTING ON FEE SHIFTING
AUTHOR*
Richard M. Pearl
Conflicts between California and federal law are not new, especially when it comes to the "private attorney general" doctrine involving fee-shifting statutes intended to encourage private enforcement of civil rights laws and the Constitution, as well as many labor and employment laws.
While similar views prevailed decades ago, they have increasingly diverged—mostly profoundly, with such the U.S. Supreme Court’s recent decision in Lackey v. Stinnie.1