<< back to California Labor and Employment Law Review
Tables of Contents
Summaries of past issues before 2015 are below. Section members can request a copy of past articles. If you wish to request a copy of a past article or journal that does not have a link to the publication, please request by email to laborlaw@calawyers.org.
November 2014 – Volume 28, Number 6
- MCLE Self-Study:
This Is Not Your Father’s (or Mother’s) Investigation: How Workplace Investigations Have Changed Over the Past 10 Years
By Susan Woolley and Michael A. Robbins - Improving Results in Mediation: Practical Lessons From the Science of Decision Making
By Steven G. Pearl - Animals in the Workplace: New Accommodation for Employees with Disabilities
By Phyllis W. Cheng and Mallory Sepler-King - Employment Law Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Arbitrating Independent Contractor Agreements
By Joel M. Grossman - Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Michael E. Whitaker
September 2014 – Volume 28, Number 5 – Special Issue: 2014 California Supreme Court Decisions
- MCLE Self-Study:
Duran v. U.S. Bank: Employer’s Perspective
By Kirby Wilcox - MCLE Self-Study:
Duran v. U.S. Bank: Employee’s Perspective
By Steve Zieff - Salas v. Sierra Chemical Co.: Employee’s Perspective
by David C. Rancaño and Ken Van Arsdel - Salas v. Sierra Chemical Co.: Employer’s Perspective
By Arnold J. Wolf - Iskanian v. CLS Transportation of Los Angeles: Employee’s Perspective
By Glenn Danas and Ryan Wu - Iskanian v. CLS Transportation of Los Angeles: Employer’s Perspective
By David F. Faustman - Ayala v. Antelope Valley Newspapers, Inc.: Employee’s Perspective
By Aaron Kaufmann and Scott Nelson - Ayala v. Antelope Valley Newspapers, Inc.: Employer’s Perspective
By P. Derek Petersen - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Steven Pearl - ADR Update: Enforceability of Arbitration Clauses and Who Decides
By Barbara Reeves Neal - Public Sector Case Notes
By J. Scott Tiedemann and Leighton Davis Henderson - NLRA Case Notes
By Richa Amar and Jonathan Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Carol Koenig
July 2014 – Volume 28, Number 4 — 50th Anniversary of The Civil Rights Act of 1964
- Civil Rights at 50
By Eva Jefferson Paterson, Bryan Schwartz, and Danielle Tizol Fong - MCLE Self-Study:
Putting Intent in Its Place: A New Direction for Title VII
By Noah Zatz - Employment Law Case Notes
By Anthony J. Oncidi - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - Arbitration, Preemption, and Labor Code § 229
By Joel M. Grossman - NLRA Update
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Carol Koenig
May 2014 – Volume 28, Number 3
- Laws Governing the Use of English-Only Policies in the Multilingual Workplace
By María G. Díaz - MCLE Self-Study:
Origins and Development of California’s Prevailing Wage Requirements and Enforcement Mechanisms
By John Cumming - California Employment Law Notes
By Anthony J. Oncidi - Wage and Hour Update
By Steven G. Pearl - Public Sector Case Notes
By J. Scott Tiedemann & Leighton E. Davis - NLRA Update
By Richa Amar & Jonathan Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Carol Koenig
March 2014 – Volume 28, Number 2
- MCLE Self-Study:
The Intersection of No-Fault Attendance Policies and Leave Laws: Perils in Balancing Employee Rights With Employer Attendance Concerns
By Carol Gillam - A Rose Is a Rose Is Not Retaliation: Why Requesting an Accommodation Should Not Be Considered “Protected Activity”
By Matthew R. Jedreski - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Waiving Arbitration Goodbye: When Does an Employer Waive the Right to Compel Arbitration, and Who Decides?
By Joel M. Grossman - Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Carol Koenig
January 2014 – Volume 28, Number 1
Posted in the Members Only Area
- MCLE Self-Study:
A New Year Brings New Laws for California Employers, Employees, and Unions
By Michael S. Kalt and David J. Duchrow - What Is Protected Activity Under FEHA and Title VII?
By Mary L. Topliff - The Future of Class Actions in Light of the Supreme Court’s Ruling in American Express v. Italian Colors
By Rhett T. Francisco, Trevor R. Hindin, and Andrew J. Sokolowski - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - ADR Update: Are We Still Trying to Figure Out Concepcion?
By Barbara Reeves Neal - Public Sector Case Notes
By Bruce A. Barsook and Leighton E. Davis - NLRA Case Notes
By Richa Amar and Jonathan Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Carol Koenig
November 2013 – Volume 27, Number 6
- MCLE Self-Study:
Experience Pays, but Interns May Have To Be Paid for Their Experience: When Interns Are Covered by Wage and Hour Laws
By Aaron D. Kaufmann & Elizabeth C. Morris - The California Workers’ Compensation System: The 100th Anniversary of the Boynton Act
By Peggy Sugarman - California Employment Law Notes
By Anthony J. Oncidi - Wage and Hour Update
By Steven G. Pearl - ADR Update: Challenging Concepcion: Can Section 7 Rights or the Effective Vindication Doctrine Be Used To Bar Class Action Waivers?
By Joel M. Grossman - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Introducing the Labor and Employment Law Section’s New Executive Committee Members
- Message From the Chair
By Carol Koenig
September 2013 – Volume 27, Number 5
Special Issue: 50th Anniversary of the March on Washington for Jobs and Freedom
- The March on Washington
By Karen V. Clopton - Alone at the March
By Prof. Clayborne Carson - A Second 998 Offer Does Not Extinguish the First
By Catherine E. Wise - Class Actions, Class Arbitrations and Private Attorney General Rights — the Developments Continue
By Barbara Reeves Neal - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - NRLA Case Notes
By Richa Amar & Jonathan M. Cohen - Public Sector Case Notes
By Bruce A. Barsook & Leighton E. Davis - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Suzanne Ambrose
July 2013 – Volume 27, Number 4
- MCLE Self-Study:
The Best Defense Is a Good Offense: Defending Yourself Through a Comprehensive Wage and Hour Audit
By Patti Perez and Marissa Lyftogt - Reforming Public Pension Reform
By Scott E. Galbreath - California Employment Law Case Notes
By Anthony J. Oncidi - Does the Right to Modify the Handbook Invalidate the Arbitration Clause?
By Joel M. Grossman - NLRA Case Notes
By Jeff Bosley - Wage and Hour Update
By Steven G. Pearl - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Book Review
By Robert Fried - Message From the Chair
By Suzanne Ambrose
May 2013 – Volume 27, Number 3
- MCLE Self-Study:
The Mixed-Motive Defense: Mixed Blessings Following the California Supreme Court’s Decision in Harris v. City of Santa Monica?
By Michael E. Whitaker and Andrew H. Friedman - The Workplace Religious Freedom Act: Higher Standards in 2013
By Catherine E. Wise - ADR Developments
By Barbara Reeves Neal - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook and Leighton E. Davis - NRLA Case Notes
By Richa Amar and Jonathan M. Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Suzanne Ambrose
March 2013 – Volume 27, Number 2
- MCLE Self-Study:
Ending Disability Discrimination Through Regulation: A Work in Progress
By Dale Brodsky - MCLE Self-Study:
Pregnant With Twins: New Pregnancy Regulations Provide Guidance to Employers & Employees on Equal Treatment & Accommodation
By Ann M. Noel - ADR Report: The Arbitrator’s Right Even if He’s Wrong, Right? Wrong: Richey v. Autonation
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Steven G. Pearl - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Suzanne Ambrose
January 2013 – Volume 27, Number 1
- MCLE Self-Study:
A New Year Means New Employment Laws for California
By Michael S. Kalt, Esq. and David J. Duchrow, Esq. - The Private Attorneys General Act Ten Years Later: Less Than Seismic Effects
By Carol L. Gillam - AB 340 — Pension Reform for (Most) Public Employees
By Erich Shiners - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - ADR Report
By Barbara Reeves Neal, JAMS, The Resolution Experts - Public Sector Case Notes
By Bruce A. Barsook and
Leighton E. Davis - NLRA Case Notes
By Richa Amar and Jonathan Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Suzanne Ambrose
November 2012 – Volume 26, Number 6
Special Issue: Alternative Dispute Resolution
- MCLE Self-Study:
Concepcion and Armendar- Goodbye Armendariz, Hello Concepcion: FAA Preemption of State Law Obstacles to Enforcement o f Arbitration Agreements
By Tyler M. Paetkau and Jay Withee - Concepcion Has No Impact on the Application of the Armendariz Factors
By Barbara Figari
- Goodbye Armendariz, Hello Concepcion: FAA Preemption of State Law Obstacles to Enforcement o f Arbitration Agreements
- The Deconstruction of D.R. Horton
By Ronald W. Novotny - The Hidden Arbitration Clause: Sparks v. Vista Del Mar Child and Family Services
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Steven G. Pearl - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - NLRA Case Notes
By Jeff Bosley - Labor & Employment Law Section Recognizes The Hon. Marsha S. Berzon For Outstanding Accomplishments in Labor& Employment Law
By Eileen B. Goldsmith - Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond
Book Review by Mary L. Topliff - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Introducing New Executive Committee Members
- Message From the Chair
By Suzanne Ambrose
September 2012 – Volume 26, Number 5
- MCLE Self-Study:
The Unclean Hands and After-Acquired Evidence Defenses
By Bryan Schwartz and Baldwin Lee - You Can Never Be Too Graphic in Mediation: How to Create Infographics to Maximize the Mediation of Your Employment Case
By Morgan C. Smith - ADR Developments
By Barbara Reeves Neal - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook& Connie C. Almond - NLRA Case Notes
By Richa Amar and Jonathan M. Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Phyllis Cheng: Public Lawyer of the Year
By Tony Skogen - Message From the Chair
By Timothy G. Yeung
July 2012 – Volume 26, Number 4
- Brinker v. Superior Court
- Takeaways for California Workers
By Kimberly A. Kralowec - Implications for Employers
By Rex Heinke and Damien DeLaney
- Takeaways for California Workers
- A Historic Message for Change: Anatomy of a $167 Million Single-Plaintiff Employment Verdict
By Lawrance A. Bohm - MCLE Self-Study:
Enforceability of Nonsolicitation Clauses in California
By Wendy Thomas and Laurence Berman - Who Decides Unconscionability: the Arbitrator or the Court?
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Steven G. Pearl - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Timothy G. Yeung
May 2012 – Volume 26, Number 3
- MCLE Self-Study:
Social Media and the National Labor Relations Act
By Mori Pam Rubin - Farms and Factories: A Modern View of the Administrative/Production Worker Dichotomy
By Blake R. Bertagna - Employment Law Case Notes
By Anthony J. Oncidi - Updates from the World of ADR
Barbara Reeves Neal - NRLA Case Notes
By Richa Amar& Jonathan M. Cohen - Wage and Hour Case Notes
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook & Connie C. Almond - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Timothy G. Yeung - 2012 Educational Seminars Calendar
March 2012 – Volume 26, Number 2
- Rulemaking and Mediating at the Department of Fair Employment and Housing
By Annmarie Billotti - MCLE Self-Study:
Evaluating Pyett — Hardly a “Clear and Unmistakable” Impact
By Emma Leheny and Jacob Rukeyser - Is Staying at Work an Agreement to Arbitrate? Bayer v. Neiman Marcus Holdings, Inc.
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Case Notes
By Steven G. Pearl - Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele - NLRA Case Notes
By Jeffrey S. Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Timothy G. Yeung - 2012 Educational Seminars Calendar
January 2012 – Volume 26, Number 1
- MCLE Self-Study:
A New Governor and a New Year Mean Many New Laws for California Employers and Employees
By Michael S. Kalt, Esq.& David J. Duchrow, Esq. - Mandatory Fact-Finding Under the Meyers-Milias-Brown Act
By Emily Prescott - A Practical Overview of the State Personnel Board’s New Regulations
By Jason Krestoff - Ping Pong, Anyone? Draft Your Arbitration Clause to Avoid Bouncing Between Forums
By Barbara Reeves Neal - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Case Notes
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook& Connie C. Almond - NLRA Case Notes
By Richa Amar& Jonathan M. Cohen - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Timothy G. Yeung - 2012 Educational Seminars Calendar
November 2011 – Volume 25, Number 6
Special Issue: California Women’s Suffrage Centennial and the Labor Movement
- Celebrating the Centennial of Women’s Suffrage in California
By Karen V. Clopton - “To Secure the Labor Vote:” The Wage Earners’ Suffrage League and the 1911 Push for Suffrage in San Francisco
By Susan Englander - Woman Lawyer: The Trials of Clara Foltz by Barbara Babcock
Book Review by Mary L. Topliff - MCLE Self-Study:
Challenging AT&T Mobility LLC v. Concepcion: Can PAGA or the NLRA Avoid the Supreme Court’s Decision?
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
by Steven G. Pearl - Public Sector Case Notes
By: Stewart Weinberg and Kerianne Steele - NLRA Case Notes
By Jeffrey S. Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Introducing the Labor and Employment Law Section’s New Executive Committee Members
- Message From the Chair
By Timothy G. Yeung
September 2011 – Volume 25, Number 5
- MCLE Self-Study:
Harmonization and “Gap Filling”: 10 Years of the MMBA at PERB
By Timothy G. Yeung & Erich Shiners - Lawful and Effective Use of a Human Resources Expert Witness
By James J. McDonald, Jr.& Charles A. Conine, SPHR - Drafting Class Action Waivers in the Wake of AT&T Mobility v. Concepcion
By Barbara A. Cotter - Have You Googled Your Arbitrator Today?
By Barbara Reeves Neal& Hon. Richard C. Neal (Ret’d.) - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Stewart Weinberg& Kerianne Steele - NLRA Case Notes
By Jonathan Cohen& Richa Amar - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Wilmer Harris
July 2011
- MCLE Self-Study Credit in Legal Ethics:
Attorneys Conducting Workplace Investigations:
Avoiding Traps for the Unwary
By Lindsay E. Harris and Mark L. Tuft - When a Discharged Employee Claims Discrimination, Will the “Cat’s Paw” Doctrine
Overcome Evidence That the Decision-Maker Harbored No Discriminatory Bias?
By Andrew H. Friedman & Michael E. Whitaker - Big News in Arbitration: Sonic-Calabasas v. Moreno and AT&T Mobility v. Concepcion
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Michael D. Singer & Jeff Geraci - Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele - NLRA Case Notes
By Jeffrey S. Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Wilmer Harris
May 2011
- MCLE Self-Study:
The Impact of Chapter 11 Bankruptcies on Wage and Hour Class and Collective Actions
By Patricia Prince & Elizabeth Franklin - MCLE Self-Study, Credit in Legal Ethics:
Attorney-Client Communications Lose Privileged Status – On Client Work Computers and at Your Local Coffee Shop
By Anne Giese - To Sell or Not to Sell: Commission-Compensable Tasks in California
By John P. Martin - Mediation Confidentiality After Cassel: Is Everything Confidential?
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook & Frances E. Rogers - NLRA Case Notes
By Jeffrey S. Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng
March 2011
- MCLE Self-Study: An Introduction to the Basics of Employment Practices Liability Insurance
By John Barber - California Supreme Court Hands Down Victory for Employers in Tip Pooling Cases
By Tracey Kennedy & Mathew Tobias - Class Action Waivers in California After Stolt-Nielsen
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Michael D. Singer - Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - A Phoenix Rises from the Budgetary Ashes
By Phyllis W. Cheng - Message From the Chair
By Wilmer Harris
January 2011
- MCLE Self-Study: Applying the Same- Actor Rule to Defend Against a Claim of
Discrimination
By Andrew H. Friedman & Michael E. Whitaker - New Labor & Employment Laws for 2011
By Erich Shiners & Michael S. Kalt - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook & Connie Almond - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Wilmer Harris
November 2010
- City of Ontario v. Quon: Evolution of a Narrowly-Decided Landmark Ruling
By Kent L. Richland - MCLE Self-Study: California Supreme Court Clarifies the Definition of “Employer” in Minimum Wage Actions
By Terry O’Connor & Effie Anastassiou - Gateway Issues in Arbitration
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Michael Singer - Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Wilmer Harris
September 2010
Special Issue: Disability Discrimination Law
- MCLE Self-Study: When the FEHA and the Labor Code Collide: Practical Tips for Reconciling California’s Disability Accommodation and Workers’ Compensation Requirements
By Daniel A. Ojeda - It Takes Two To Tango: The Interactive Process Dance
By Patricia C. Perez - Navigating Employment Issues for Individuals with Cancer
By Dianne Prado - Pearson Dental Supplies, Inc.: An Exception That Will Swallow the Rule?
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook & Connie C. Almond - NLRA Case Notes
By Jeffery S. Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Patti Perez
July 2010
75th Anniversary of Naional Labor Relations Act Issue
- The National Labor Relations Act at 75
By Peter C. Schaumber - MCLE Self-Study: The Steelworkers Trilogy at Fifty Years: Judicial Authority vs. Private Adjudication of Labor-Management Disputes
By Barry Winograd - National Labor Relations Act History-Makers
By John Higgins - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Sarah Beard & Sheena Wadhawan - Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Patti Perez
May 2010
- Planning for the Wage and Hour Class Action Mediation
By Peter Rukin and Jeff Grube - MCLE Self-Study: Tip-Pooling or Tip- Allocation? How the Law Applicable to Tip Policies Evolved in 2009
By George W. Abele & Katherine C. Huibonhoa - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Is One Deposition Enough? Limitations on Discovery in Arbitration Clauses
By Joel M. Grossman - Public Sector Case Notes
By Bruce A. Barsook and Connie C. Almond - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Patti Perez
March 2010
- Fear the Tweet! Online Social Networking in the Workplace and the Courtroom
By Sascha M. Gleckler - Workers’ Compensation and You: A Primer for Employment Attorneys
By Barry Lesch - Employment Law Case Notes
By anthony J. Oncidi - Wage and Hour Update
By Sarah Beard and Sheena Wadhawan - Public Sector Case Notes
By Stewart weinberg and Kerianne Steele - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis w. Cheng - Book Review
By Patti R. Roberts - Sleeping With the Enemy?
By Kerri N. Spragan - Message From the Chair
By Patti Perez
January 2010
- Hidden Cameras in the Workplace: Hernandez v. Hillsides and the Permissible Scope of Employee Surveillance
By Laura Wilson Shelby and Holger G. Besch - New Labor & Employment Laws for 2010
By Michael S. Kalt and Erich Shiners - MCLE Self-Study, Credit in Legal Ethics:
Mediation Ethics
By Michael Marcus - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Enforcing–or Opposing– Arbitration Clauses in Employment Agreements
By Joel M. Grossman - NLRA Case Notes
By Jeff S. Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Civil Rights Legends and Pioneers Honored at State Bar Annual Meeting
By Phyllis W. Cheng - Message From the Chair
By Patti Perez
November 2009
- Has Judicial Activism Motivated the George Court’s Interpretation of the FEHA? The Answer Depends on How You Define “Judicial Activism” and Whom You Ask
By Noah D. Lebowitz and Michael E. Whitaker - MCLE Self-Study:
Ricci: The Title VII Conundrum
By Elizabeth A. Franklin and Patricia Prince - California Supreme Court Expands the Boundaries of Employment Class Actions
By Scott Dunham & Ryan Rutledge - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Public Sector Case Notes
By Stewart Weinberg - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Introducing New Members
- Message From the Chair
By Patti Perez
September 2009
- MCLE Self-Study:
Celebrating 50 Years of Fair Employment Laws in California: “The Real and Earnest Journey Into Equality and Freedom for All”
By Nikki Hall - FEHA History-Makers
By Phyllis W. Cheng - No Mixed-Motive Instructions in ADEA Cases . . . At Least for Now
By Michael S. Kalt and Lois M. Kosch - FEHA by the Numbers: Preview of a Forthcoming Study
By Gary Blasi and Joseph Doherty - MCLE Self-Study, Credit in Eliminating Bias in the Legal Profession:
Eliminating Bias in the Legal Workplace and Beyond
By Karen V. Clopton - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce Barsook and Connie M. Chuang - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Karen Valentia Clopton
July 2009
- California Layoff Basic – Two Perspectives
Annmarie Billotti, Anna Segobia Masters & Benjamin Ikuta - MCLE Self-Study: The Pyett Decision: A Major Shift in Doctrine, but Limited Impact
By Barry Winograd - California Supreme Court Clarifies When State Civil Service Employees May File a Whistleblower Complaint
By Bruce Monfross - When the FEHA and Arbitral Statutes of Limitation Collide: Pearson Dental Supplies, Inc.
By Joel M. Grossman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Public Sector Case Notes
By Stewart Weinberg - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Karen Valentia Clopton
May 2009
- MCLE Self-Study: The California Supreme Court Confirms in Spielbauer v. County of Santa Clara That Public Employers May Dismiss Public Employees for Refusing to Answer Questions Posed During Administrative Interviews
By Lori E. Pegg and Marcy Berkman - When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Job’s Essential Functions? A Cautionary Tale
By Tyler Paetkau - Scope of Prevailing Wage Law Expanded in 2008
By Dennis Cook - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce Barsook and Connie Chuang - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Karen Valentia Clopton
March 2009
- MCLE Self-Study: Religious Accommodation in California: How the Fair Employment and Housing Act Protections Compare to Title VII
By Alan J. Reinach - An Overview of the New FMLA Regulations
By Jamerson C. Allen - Equitable Tolling of the FEHA Statute of Limitations
By Christopher Brizzolara, Gregory W. Smith, Bradley C. Gage, & Douglas G. Benedon - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Donna Ryu, Sarah Beard and Matthew Goldberg - Public Sector Case Notes
By Stewart Weinberg - NLRA Case Notes
By Jean Shin - When a Settlement Is Not Really a Settlement: Kullar v. Foot Locker Retail, Inc.
By Joel M. Grossman - Cases Pending Before the California Supreme Court
By phyllis w. Cheng - Book Reviews
By Patti R. Roberts - Message From the Chair
By karen Valentia Clopton
January 2009
2009 CIVIL RIGHTS YEAR
The State Bar Labor & Employment Law Section has joined with the California Department of Fair Employment & Housing to celebrate the FEHA’s half-century mark. Throughout 2009, look for articles and special features in each issue of the Law Review with a special focus on the FEHA.
- Fitness-for-Duty Examinations: Assessing the Legal Rights and Obligations under the Fair Employment and Housing Act and Related Laws From the Employer and Employee Perspectives
By Mary L. Topliff, Esq., and Angela K. Perone, Esq. - MCLE Self-Study:
California Restrictive Employment Covenants After Edwards
By James Pooley, Esq. and Professor Mark Lemley - New Labor and Employment Laws for 2009
By Michael S. Kalt and Erich Shiners - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Update
By Lois M. Kosch - Public Sector Case Notes
By Bruce A. Barsook and Connie M. Chuang - NLRA Case Notes
By Jeff Bosley - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message From the Chair
By Karen Valentia Clopton
November 2008
- The Employee Free Choice Act:
- Why We Need It
By B.J. Chisholm and Scott Kronland - Why We Don’t
By George S. Howard, Jr.
- Why We Need It
- Miklosy v. Regents of the University of California: The California Supreme Court Confronts the Whistleblower Protection Act
By Dennis Peter Maio and Paul D. Fogel - MCLE Self-Study:
Fired on the (Hot) Spot? How California’s Right to Privacy May Protect Employees From
Blog-Based Termination
By Paul Christopher E. Torio - Introducing the Labor and Employment Law Section’s New Executive Committee Members
- Public Sector Case Notes
By Stewart Weinberg - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jean Shin - Wage and Hour Update
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Reaching Excellence and Integrity Together: An Introduction of the New Chair of the State Bar’s Labor & Employment Law Executive Committee
September 2008
- Application of the FMLA/CFRA Medical Certification Process for an Employee’s Serious Health Condition After Lonicki v. Sutter Health Central
By Elizabeth Kristen - Lonicki v. Sutter Health Central: A Perspective From the Management Trenches
By Judith Droz Keyes - MCLE Self-Study:
Legal Challenges Raised by Employer-Mandated Wellness Programs
By Theodora R. Lee - Public Sector Case Notes
By Bruce A. Barsook and Connie M. Chuang - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jeff Bosley - Wage and Hour Update
By Lois M. Kosch - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message from the Chair
By Phil Horowitz
July 2008
- Clear Sailing: Choice of Law in Cross-Border Employment Agreements
By Ariel D. Weindling, Esq. - MCLE Self-Study:
Jones v. The Lodge at Torrey Pines: California Supreme Court Rejects
Personal Liability for Retaliation Claims
By Regina A. Petty and Michael S. Kalt - Public Sector Case Notes
By Stewart Weinberg - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jean Shin - Wage and Hour Update
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Book Review
By Patti R. Roberts - Message from the Chair
By Phil Horowitz
May 2008
- How Those Jerks at Work Create Liability Problems for Employers
By Emily Prescott & Genevieve Ng - MCLE Self-Study:
Employers Not Required to “Accommodate” Employees’ Medical Marijuana Use
By D. Gregory Valenza - The Impact of Limiting Workforce-Wide Lawsuits on Low-Wage Workers
By Julie Montgomery - U.S. SupremeCourt Insists that “Me Too” Evidence BeConsidered on a Case-by-Case Basis
By Doug Dexter & Diego Acevedo - Public Sector Case Notes
By Bruce Barsook and Connie Chuang - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Alan Berkowitz and Dan Feldstein - Wage and Hour Update
By Lois M. Kosch - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Practical Ways to Deal With Workplace Bullies
By Patricia C. Perez, Esq., SPHR - Message from the Chair
By Phil Horowitz
March 2008
- MCLE Self-Study:
The Employment Lawyer’s Guide to California Anti-slapp Law
By Benjamin G. Shatz and Cameron Fredman - The NLRB and California Supreme Court Provide Important Guidance Concerning Interplay Between Property and Speech Rights
ByJeffrey S. Bosley and Nicole Friedenberg - A Matter of Logic–California Supreme Court Says a Plaintiff Must Show Ability to Perform Essential Duties in Green v. State of California
By Michelle Logan-Stern - Public Sector Case Notes
By Stewart Weinberg - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jean Shin - ADR Case Notes
By Steven H. Kruis, Esq. - Wage and Hour Update
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message from the Chair
By Phil Horowitz
January 2008
- Labor and Employment Law–The Next Twenty-five Years
By Honorable Joseph Grodin - MCLE Self-Study:
Family Responsibilities Discrimination: What Employers Need to Know RIght Now
By Margaret E. Murray - Gentry v. Circuit City: California Supreme Court Holds Class Action Waivers Are Subject to Scrutiny
By Matthew Righetti and Erin Winters - Prachasaisoradej v. Ralph’s Grocery: Profit-Based Incentive Plans Given the Green Light
By Daniel Gonzalez - A Clash of Fundamental Rights: Redefining Peace Officer Privacy Rights Through the California Public Records Act
By Michael E. Whitaker and Tyler Clark - Labor & Employment Law Section Survey Results
By Karen V. Clopton - Out With the Old, in With the New: New Laws for 2008
By Michael S. Kalt, Tessa P. Yutadco and Erich W. Shiners - Public Sector Case Notes
By Bruce A. Barsook and Connie M. Chuang - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Alan Berkowitz and Daniel Feldstein - ADR Case Notes
By Steven H. Kruis, Esq. - Wage and Hour Update
By Lois M. Kosch - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - 2008 Program Update
- Book Review
By Patti R. Roberts
November 2007
- Navigating the Minefield: What Employment Litigators Should Know When Their Clients or Clients’ Adversaries File Bankruptcy
By Theodore A. Cohen, Esq. - MCLE Self-Study:
New FEHC Regulations Interpret Sexual Harassment Training Law
By Ann M. Noel - San Francisco’s Paid Sick Leave Ordinance
By Nancy G. Berner - Grievance Mediation 101
By Paul D. Roose - Introducing the Labor And Employment Law Section’s New Executive Committee Members
- Public Sector Case Notes
By Stewart Weinberg - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jean Shin - ADR Case Notes
By Michael S. Kalt - Wage & Hour Update
By Donna Ryu, Sara Beard, and Matthew Goldberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message from the Chair
By Phil Horowitz
September 2007
- Twenty-Five Years of Wrongful Termination Law–The Legacy of Tameny v. Atlantic Richfield Co.
By Barbara Cotter - In the Beginning . . . The Birth of the Labor and Employment Law Section
By John Cumming and Bruce Barsook - How Might Ledbetter v. Goodyear Impact California Law?
By Mary L. Topliff - MCLE Self-Study:
California Wage and Hour Law–A Twenty-Five Year Trajectory
By Miles Locker - Due Process in Public Employment: Thirty-Two Years After Skelly v. State Personnel Board
By Kathy E. Mount - The State of the Union: A Profile of Union Membership in Los Angeles, California, and the United States
By Ruth Milkman and Bongoh Kye - Public Sector Case Notes
By Connie Chuang and Bruce Barsook - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Alan Berkowitz and Dan Feldstein - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Book Review
By Patti Roberts
July 2007
- California Supreme Court Says Meal and Rest Payments Are Wages, Not Penalties, in Murphy v. Kenneth Cole Productions, Inc.
By Sarah Beard, Matthew Goldberg, and Donna Ryu - You Can’t Stop Love: Managing Workplace Romance
By Timothy Yeung - MCLE Self-Study:
Saints and Sinners in the Workplace: A Survey of Religious Accommodation Cases
By Andrew H. Friedman - Employment Law Case Notes
By Anthony J. Oncidi - Wage and Hour Case Notes
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Public Sector Case Notes
By Connie Chuang, Bruce Barsook, and Stewart Weinberg - ADR Case Notes
By Michael S. Kalt - NLRA Case Notes
By Alan Berkowitz and Daniel Feldstein - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng
May 2007
- Decision Holding the NLRA Applicable to Tribal Commercial Enterprises Leaves Many Unanswered Questions
By Joseph Turzi and Gary Moss - MCLE Self-Study:
Labels Versus Reality: When Is A Partner Really An Employee?
By Tyler M. Paetkau - AFTER FAIR v. BAKHTIARI: Sealing the Deal in Mediation
By Barry Winograd - Public Sector Case Notes
By Bruce Barsook and Connie Chuang - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jean Shin - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Wage & Hour Update
By Tony Skogen - Update – Status of Fair Employment and Housing Commission Sexual Harassment Training Regulations
By Ann M. Noel
March 2007
SPECIAL PUBLIC SECTOR ISSUE
- MCLE Self-Study:
Claremont Police Officers Association v. City of Claremont: The California Supreme Court Reaffirms the Existence of Management Rights
By Charles Sakai and Emily Prescott - Diversity Without Discrimination, or How to Reconcile Proposition 209 and Title VII: California Supreme Court Gives Leeway to Government Employers and Does Not Defer to Interest Arbitration
By Linda M. Ross - Using the Computer Fraud and Abuse Act in Employment Cases
By Paul S. Chan and John K. Rubiner - Public Sector Case Notes
By Stewart Weinberg - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Jean Shin - ADR Case Notes
By Michael S. Kalt - Wage And Hour Update
By Donna Ryu, Sarah Beard, and Matthew Goldberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - New Member Benefit: Case Law Alerts
- Message from the Chair A Bit of Cap-Doffing to Our Public Sector Colleagues
By Wendy Rouder
January 2007
- California Supreme Court Shuts the Dore on Ambiguity In “At-Will” Employment Agreements– Less Might Be More
By Gregory M. Bergman - MCLE Self-Study:
“When Johnny (and Jenny) Come Marching Home Again, Hurrah! Hurrah! . . .They’ll be Protected by USERRA, Hurrah! Hurrah!”
By Michael S. Kalt, Esq. - Department of Labor Seeks Public Comment on Family Medical Leave Regulations in Connection With Possible Rule Revision
By Lois M. Kosch - Don’t Fall into an Employment Tax Liability Trap: A Survey of California Law
By John A. Vogt, Esq. - Sometimes, More is Just More–Make Your Next Labor Arbitration More Efficient With These Insider Insights
By Margaret Brogan and Barry Winograd - New Year, New Laws: Changes to the California Employment Landscape for 2007
By Shane K. Anderies and Cara Ching-Senaha - Employment Law Case Notes
By Anthony J. Oncidi - NLRB Update
By Alan Berkowitz and Daniel Feldstein - Public Sector Case Notes
By Bruce Barsook and Connie Chuang - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message from the Chair: Take a Transsexual Lawyer to Lunch
By Wendy Rouder
October 2006
- Garcetti v. Ceballos: Clarifying the Constitutional Dimensions of Public Employee Speech
By Jin S. Choi - Navigating Uncertainty: An Inside Look at the ADA and FEHA Disability Requirements
By Daniel A. Ojeda - Not Just a Matter of Chromosomes: A Comparison of Protections for Transgender Individuals under Title VII and the FEHA
By Tzu Chuan Teng - Introducing the Labor and Employment Law Section’s NEW Executive Committee Members
- A Tale of Two Cases: Jenkins v. County of Riverside
By Stewart Weinberg - Employment Law Case Notes
By Anthony J. Oncidi - NLRA Case Notes
By Emma Leheny - Wage and Hour Case Notes
By Donna Ryu, Sarah Beard & Matthew Goldberg - Public Sector Case Notes
By Stewart Weinberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message from the Chair
By Wendy Rouder
August 2006
- MCLE Self-Study:
“So This Guy Walks Into a Bar . . . .”: Dirty Jokes and Vulgar Language in the Workplace After the California Supreme Court’s “Friends” Decision
By Adam Levin and Taylor Ball - Organizing Silicon Valley’s High-Tech Workers
By David Bacon - The Adverse Impact of Work Visa Programs on Older U.S. Engineers and Programmers
By Norman S. Matloff, Ph.D. - The Economics of Outsourcing
Benjamin Powell, Ph.D., and Matt Ryan - Book Review: Employment Practices in the Digital Gaming Industry
By Phyllis W. Cheng - Employment Law Notes
By Anthony J. Oncidi - NLRB Update
By Alan Berkowitz and Daniel Feldstein - Public Sector Case Notes
By Connie Chuang - U.S. Supreme Court Employment Decisions
By the Editors - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - Message from the Chair
By Tony Skogen
June 2006
- MCLE Self-Study:
A 10-Year Retrospective of Significant Cases under the FEHA
By Gregory J. Fisher and Annmarie Billotti - Message from the Chair
By Tony Skogen - Representing Immigrant Workers
By Della Bahan and Puja Batra - Evidence Code Section 1106 Bars Evidence of Sexual Conduct–Except When It Permits It
By Phillip R. Maltin - Book Review
By Patti R. Roberts - Employment Law Notes
By Anthony J. Oncidi - NLRA Case Notes
By Emma Leheny - Public Sector Case Notes
By Stewart Weinberg - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng
April 2006
- MCLE Self-Study:
Social Security Administration No-Match Letters and Collective Bargaining Agreements
By Monica T. Guizar and Marielena Hincapíe - Howard Stern’s Lessons for Lame Duck Employees
By Robert S. Nelson, Esq. - Rethinking Individual Liability and “Adverse Employment Actions” After Yanowitz v. L’Oreal, Inc.
By Ronald W. Novotny - Supreme Court Upholds SPB’s Exclusive Jurisdiction Over State Civil Service Disciplinary Actions
By Dorothy Bacskai Egel and Elise S. Rose - Unilateral Implementation of Terms and Conditions of Employment: Public Employers’ Rights and Limitations
By Bruce A. Barsook* - Employment Law Notes
By Anthony J. Oncidi - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng - NLRB Update
By Alan Berkowitz and Daniel Feldstein - Public Sector Case Notes
By Jill Babbington - Book Review
By Patti R. Roberts - Book Review
By David Borgen - ADR Case Notes
By Lois M. Kosch
February 2006
- MCLE Self-Study:
Summary Judgments Reconsidered: : The California Supreme Court Resolves a Conundrum
by Phyllis W. Cheng - Motions for Summary Judgment: Practical Tips for Defense Counsel in an Employment Discrimination Case
by Michael S. Kalt and Hugh Kim - Guidelines for Opposing Summary Judgment in California
by Maria Diaz - New California Employment Laws for 2006: The Legislature Takes a Breather
by D. Gregory Valenza and Cara Ching-Senaha - FEHC Regulations
by Jo Anne Frankfurt - Employment Law Notes
by Anthony J. Oncidi - Public Sector Case Notes
by Stewart Weinberg - EEO Case Notes
by Donna M. Ryu - NLRA Case Notes
By Emma Leheny - ADR Case Notes
by Lois M. Kosch - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - Book Review
by Carol Vendrillo - Message from the Chair
by Tony Skogen
November 2005
- MCLE Self-Study:
Seniority Can’t Trump Merit–Preserving A Fair, Merit Based Selection Process For California’s State Civil Service
by Dorothy Bacskai Egel and Elise S. Rose - Message from the Incoming Chair
by Tony Skogen - New Executive Committee Members
- When Two Social Goals Collide: The Rights and Responsibilities of Employers, Employees and Job Applicants in Light of California’s Updated Megan’s Law
By John Crowder - Employment Law Notes
By Anthony J. Oncidi - NLRB Update
By Alan Berkowitz and Daniel Feldstein - EEO Case Notes
By Joseph H. Duff - Public Sector Case Notes
By Jill Babington - Cases Pending Before the California Supreme Court
By Phyllis W. Cheng
September 2005
- MCLE Self-Study:
California Mandates Sexual Harassment Training of Supervisors
by Anthony J. Oncidi - Message from the Outgoing Chair
by Toni J. Jaramilla - The Impact of Jackson v. Birmingham Board of Education on Laws Governing California’s School Employees
by Erich Shiners - Offshore Outsourcing and Worker Rights
by Theodore J. St. Antoine - The Non-statutory Labor Exemption to the Antitrust Laws: Its Development and Contemporary Application
by Olivia W. Karlin - Reassessing Individual Liability for Retaliation under FEHA in Light of McClung v. Employment Development Department
by Michael S. Kalt - The California Supreme Court Overturns Practice of the Public Employment Relations Board Applying a Three Year Statute of Limitation to Unfair Labor Practice Charges Filed Under the Meyers-Milias Brown Act
by Lisa Garvin Copeland - Book Review
by Patti Roberts - Book Review
by Wendy P. Rouder - Employment Law Notes
by Anthony J. Oncidi - NLRB Case Notes
by Emma Leheny - Public Sector Case Notes
by Stewart Weinberg and Anne Yen - ADR Case Notes
by Lois M. Kosch - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng
July 2005- Volume 19, Number 3
- Employment Law Class Actions: The Latest Developments and Trends
by Joan B. Tucker-Fife and Tyler M. Paetkau - Prisoners of Hope: Welfare to Work in Los Angeles
by Daniel Flaming - Book Review of Litigating Employment Discrimination Cases by Andrew Friedman
by Patti R. Roberts - California Employment Law Notes
by Anthony J. Oncidi - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - NLRB Update
by Alan Berkowitz and Daniel Feldstein - Public Sector Case Notes
by Jill Babington and Michael Blacher - EEO Case Notes
by Theresa Tracy
May 2005- Volume 19, Number 2
- Down the Rabbit Hole: California Courts Turn Arbitration Upside Down
by Henry M. Willis - New Board Members
- Navigating the Rough Seas of Affirmative Action in Employment in the Wake of California’s “Proposition 209”
by Jordan T.L. Halgas, J.D. - Under New Leadership, the Department of Fair Employment and Housing Looks to the Future
by Janie Hickok Siess - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Donna M. Ryu - NLRA Case Notes
by Emma Leheny - Public Sector Case Notes
by Stewart Weinberg - ADR Case Notes
by Lois M. Kosch - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - Legislature Moves to Increase Importance of DLSE Hearings
by Jon-Erik G. Storm
March 2005- Volume 19, Number 1
- The Increasing Use of California’s Unfair Competition Law in Wage & Hour Litigation and a Wide Variety of Other Employment Cases
by Julia Lapis Blakeslee - Message from the Chair
by Toni J. Jaramilla - WAGE AND HOUR UPDATE
by Tony Skogen - California Employment Law Notes
by Anthony J. Oncidi - EEO CASE NOTES
by Teresa Tracy - NLRB Case Notes
by Tyler Paetkau, Alan Berkowitz, and Dan Feldstein - PERB Case Notes
by Stewart Weinberg - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - Book Review
by Patti R. Roberts
December 2004- Volume 18, Number 6
- Buckle Up: New Law Creates Mandatory Sexual Harassment Training in California
by Matthew Goodin - Comments from the Chair
by Toni J. Jaramilla - Message from Outgoing Chair
by Tyler M. Paetkau - Garment Workers and Community Groups Sue Sweatshop Owners for Unpaid Wages, Penalties and Damages
by Doris Ng - Entering the Labyrinth of Pregnancy Leave Laws
by Nate Kowalski and Adriana Cara - Plaintiffs’ Perspective on Alch v. Superior Court and Brooks v. William Morris Agency
by Jocelyn D. Larkin - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Donna M. Ryu - Recent Amendments to the Fair Employment and Housing Act
by Joanne Frankfort - NLRA Case Notes
by Emma Leheny - Public Sector Case Notes
by Steven M. Kroll and Michael Blacher - ADR Case Notes
by Lois M. Kosch - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng
October 2004- Volume 18, Number 5
- A Deceptively Simple Decision: Employer Liability in California for Supervisory Sexual Harassment after McGinnis
by Joy Jaeger - Sav-On Drugs Decision: California Supreme Court Reaffirms Trial Court’s Power to Decide Whether A Class Action Should Be Certified
by Thomas Kaufman - Benefit Fund Litigation in the Southern California Supermarket Strike
by Michael D. Four and Henry M. Willis - Superior Court Rejects Constitutional Challenge to Living Wage Ordinance
by Eileen Goldsmith - NLRB Strips Graduate Student Employees at Private Universities of Collective-Bargaining Rights
by Bernhard Rohrbacher - California Legislative Report
by Sam McAdam - Employment Law Notes
by Anthony J. Oncidi - Alch v. Superior Court: Court of Appeal Reinstates TV Writers’ Age Discrimination Cases Against Studios, Networks, and Agents
- EEO Case Notes
by Teresa Tracy - Public Sector Case Notes
by Stewart Weinberg and Anne I. Yen - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng
August 2004- Volume 18, Number 4
- Separation Anxiety: What an Employer and an Employee Need to Know When the Employee Starts a Competing Company
by Stephen P. Wiman - Employer-Paid Health Care for Retirees: Goodwill Evolving Into Contractual Liability?
by Jaime M. Gher - Premium Overtime Pay for Attorneys?
by Robert A. Jones - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Donna M. Ryu - ADR Case Notes
by Lois M. Kosch - Public Sector Case Notes
by John R. Yeh and Neha M. Sampat - NLRB Developments
by Tyler Paetkau, Alan Berkowitz, and Daniel Feldstein - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - Excerpts from Wal-Mart Stores Class Certification Decision
June 2004- Volume 18, Number 3
- Applying an Old Statute to New Technologies in the Workplace: An Employer Perspective of the Issues
by Victor Schachter - A Union Perspective: The Challenge of Applying the NLRA to New Technologies in the Workplace
by Stacey Leyton - Incentive Awards to Class Representatives in Class Action Settlements
by Jocelyn D. Larkin - The Cargill Decision–What Does It Mean for California Employers?
by Mark H. Meyerhoff - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa Tracy - Public Sector Case Notes
by Martin Fassler - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng
April 2004- Volume 18, Number 2
- New Immigrant Farm Worker Bill Balances Interests of Growers and Workers
by Douglas Elliott - From the Chair
by Tyler M. Paetkau - Applying the Overtime Rules: Are “Commissioned” In-House Mortgage Originators and Other Mortgage Company Employees Entitled to Overtime Pay?
by Mark R. Thierman - Case Commentary: Jalali v. Root — What Is the Measure of Damages for Bad Tax Advice?
by Theda “Teddy” Snyder - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Donna M. Ryu - Public Sector Case Notes
by Stewart Weinberg and Anne I. Yen - NLRA Case Notes
by Emma Leheny - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - Book Review: White-Washing Race, The Myth of a Color-Blind Society by Michael K. Brown, Martin Carnoy, Elliott Currie, Troy Duster, David B. Oppenheimer, Marjorie M. Shultz and David Wellman
by Patti R. Roberts
February 2004- Volume 18, Number 1
- Enforcing Living Wage Ordinances in California
by Eileen B. Goldsmith - Managing Suspected Abuse of Family and Medical Leave
by Rod M. Fliegel and Andrea Kelly-Smethurst - Just Apply Yourself: A Plaintiff’s Failure to Apply in Failure to Hire or Promote Claims
by Mathew Goodin - Advocates Invited to National Academy of Arbitrators Annual Meeting in Las Vegas
by Frank Silver - Employment Law Notes
by Anthony J. Oncidi - ADR Case Notes
by Lois M. Kosch - Public Sector Case Notes
by Daniel A. Ojeda* and Neha M. Sampat - A Busy Year in Employment Law A Look Back at the Year’s Decisions on Enforcement of Arbitration Agreements
by Martin Fassler, Managing Editor - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng - A Perspective on the New Affirmative Defense To Damages for Supervisor Sex Harassment
by Shelley A. Gregory and Patricia A. Shiu
December 2003- Volume 17, Number 6
- Governor Davis Goes Out With a Bang!
by Sam McAdam and Steve Greene - Ask the Arbitrator: Troubleshooting Tips for Labor and Management Advocates
by Ornah Becker - Post-War Reconstruction: Dealing With Employees Returning From Military Leave
by Helen Cicino Carasso and Andrew J. Jaramillo - California Employment Legislation Update – October 2003
by Sam McAdam and Steve Greene - NLRA Case Notes
by Emma Leheny - Public Sector Case notes
by Stewart Weinberg and Anne I. Yen - New Officers and Members of the Section’s Executive Committee
- Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa Tracy - Book Reviews
by Phyllis W. Cheng
[Reviewed: The Majesty of the Law: Reflections of a Supreme Court Justice by Sandra Day O’Connor and How ADR Works, ABA Section of Labor and Employment Law, Norman Brand, Editor] - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng
September 2003- Volume 17, Number 5
- Returning to Fundamentals: Applying the National Labor Relations Act to Class Action Employment Litigation
by Mark R. Thierman - The Conflicting Appellate Decisions on Communications with Class Members
by Adam Tullman and Michael Loeb - “Can We Talk?” Or, Keeping Your Eyes on the Prize
by David Borgen - Diversity,Affirmative Action, and the Supreme Court
by Karen Clopton - The Sacramento High Dispute: a Microcosm of the Labor and Management Debate Over Charter Schools
by Daniel Ojeda - Employment Law Notes
by Anthony J. Oncidi - EEOC Case Notes
by Teresa R. Tracy - Public Sector Case Notes
by Michael Blacher - Mandatory Arbitration Update
by John M. True, III - Cases Pending Before the California Supreme Court
by Phyllis W. Cheng
August 2003- Volume 17, Number 4
- Resisting Employer Attempts to Extend Hoffman Plastic Compounds to Title VII
by Willie Nguyen* and Jennifer C. Chang - The Writers. Case:The Sequel Drags On
by: Anthony J. Oncidi and Russell A. Wetanson - Continuing Violation Doctrine Outside The Disability Accommodation Context
by Miguel A. Neri and Fiel D. Tigno - State Supreme Court Recognizes the Broader Protections of the FEHA
by Claudia Center - Banks. Defense Against Class Actions: National Bank Act Preemption
by Thomas R. Kaufman and Michael L. Gallion - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - NLRA Case Notes
by Yuan Chen - Cases Pending Before the State Supreme Court
- Public Sector Case Notes
by Stewart Weinberg* and Anne I. Yen - Pending California Employment Legislation 2003-2004
by Sam McAdam and Steve Greene
May 2003- Volume 17, Number 3
Mediation of Labor and Employment Disputes: Fifteen Perspectives for Lawyers and Clients
- Different Forms of Alternative Dispute Resolution: Some Basic Definitions
by Patti R. Roberts - Tips on Preparation for Mediation
by Richard L. Patsey - “To Be or Not to Be” – at the Employment Mediation
by Barry Winograd - Choosing the Right Mediator
by Linda Hendrix McPharlin - Ten Tips for Preparing Your Client for Mediation
by Patti R. Roberts - Mediation in Public Sector Collective Bargaining
by Norman Brand - To Disclose or Not to Disclose: Mediation Negotitation Strategy
by Michael Ornstil - Ethics in Employment Mediation and Arbitration
by Norman Brand - Resolving Mediation’s Toughest Challenges
by Kenneth N. Silbert and Anita Christine Knowlton - Gender Bias in Mediation
by Laura Lane and Anne Wells - Drafting the Settlement: Basic Terms for Resolving Employment Litigation
by Kenneth N. Silbert and Anita Christine Knowlton - Just Between Us: The Confidentiality of Mediation Discussions
by Laura Ziegler Davis - Mediation the Northern District Way
by Wendy Rouder - Mediation in the Ninth Circuit Court of Appeals
by Claudia L. Bernard - Mediating Discrimination Claims in California: THe DFEH and EEOC Procedures
by Mark Keppler
March 2003- Volume 17, Number 2
- Ask the Arbitrator: What’s the Problem With the New Ethical Standards?
Introduction by Katherine J. Thomson
Comments by Sara Adler - California’s New Paid Family Care Leave Act: Helping Workers Balance Job and Family
by Patricia A. Shiu and Elizabeth Kristen - The Interplay Between Retaliation Claims and False Claims Act Litigation
by Mark Allen Kleiman - The Perils of Attorney-Client Privilege for In-House Counsel
by Helen Cicino-Carasso - David Feller – A Remembrance
by Judge Marsha S. Berzon - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Public Sector Case Notes
by Nate Kowalski - Disability Law Case Notes
by Kerry McInerney Freeman - Cases Pending Before the California Supreme Court
by Martin Fassler
January 2003- Volume 17, Number 1
- Settle the Case — “Them’s Fightin’ Words!”
by William A. Bogdan - Representing a Corporation in a Criminal Investigation
by Nanci L. Clarence and Greg Gilchrist - Mediation the Northern District Way
by Wendy Rouder - Legislative Update
by Sam McAdam and Steve Greene - NLRB Forbids Regions’ Ex Parte Communications With Supervisors in Organizations Represented by Counsel
by Joseph Paller - Mandatory Arbitration Update
by John M. True - Public Sector Case Notes
by Stewart Weinberg - NLRA Case Notes
by Emma Leheny - EEO Case Notes
by Teresa R. Tracy - Employment Law Case Notes
by Anthony J. Oncidi
November 2002- Volume 16, Number 6
- Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002
by Tyler M. Paetkau - Comments From the Chair
by Carol Vendrillo - The Years of Living Dangerously — A Field Guide to the False Claims Act
by Mark Allen Kleiman - Binding Interest “Mediation”: Plowing New Ground for California Agricultural Labor Relations
by Ronald Hoh - Current Issues in Attorneys’ Fees Litigation — Part II
by Richard M. Pearl - An Expert Attack on Workplace Violence
by Helen Carasso - EEO Case Notes
by Teresa R. Tracy - Employment Law Case Notes
by Anthony J. Oncidi - Employees Can Sue Directly to Enforce Contract Where Employer Refuses to Arbitrate a Grievance
by David A. Rosenfeld - Employers Can Rely on Illness That Poses a Threat to Self as a Basis to Exclude Persons From Employment
by Larry Minsky - Disability Discrimination Case Notes
by Larry Minsky - Public Sector Case Notes
by Laurie S. Juengert - Cases Pending Before the Supreme Court
September 2002- Volume 16, Number 5
- The Union’s Role in Combating Identity Theft
by Matthew Morbello - What Do In-House Counsel Want?
by Helen M. Carasso - The Personnel Exception to the Open Meeting Law: When Is an Employee Entitled to Notice of a Closed Session?
by Bruce A. Barsook and Geoffrey S. Sheldon - Current Issues in Attorneys’ Fees Litigation – Part 1
by Richard M. Pearl - Pending California Employment Legislation
by Sam McAdam and Steve Greene - Resolving Mediation’s Toughest Challenges
by Kenneth N. Silbert & Anita Christine Knowlton - The California Labor Work Force Development Agency (A Very Short History and Some Personal Thoughts)
by John Cumming - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - NLRA Case Notes
by Yuan Chen - Public Sector Case Notes
by Stewart Weinberg
July 2002- Volume 16, Number 4
- A Careful Look at Hoffman Plastic Compounds v. NLRB
by Ryan D. McCortney - The Immediate Aftermath of Hoffman Plastic Compounds
by Marielena Hincapie - Ninth Circuit Decision: Court Has Jurisdiction in Suit by Laborers Against Recruiter and Out of State Employer
by Cynthia Rice - Immigration Consequences of Downsizing
by Mitchell L. Wexler - The Supreme Court Provides a Defense Against Stale Discrimination and Retaliation Claims
by Thomas R. Kaufman - Disability Discrimination Case Notes
by David D. Kadue - ADR Case Notes
by John True III - Ask the Arbitrator: Did the Union Waive Skelly Rights?
Introduced by Katherine Thomson
Comments by Jill Klein, Philip Tamoush and Morris Davis - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Avoiding the Pitfalls of Serving as In-House Counsel
by Karen Clopton - Public Sector Case Notes
by Nate Kowlski and John Cummings
May 2002- Volume 16, Number 3
- Yarbrough v. Labor Ready: Class Action to Enforce California Wage Laws
by David Borgen - The Wage and Hour Class Action: A New Union Tactic Aimed at the Temporary Staffing Industry
by David Ongaro - California Appellate Courts Continue to Make Hash of the Workers’ Compensation Exclusivity Doctrine
by Thomas R. Kaufman - State Labor Agencies Facing Battles on Many Fronts
- Pending California Employment Legislation
by Sam McAdam and Steve Green - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - NLRA Case Notes
by Steven Ury - Public Sector Case Notes
by Stewart Weinberg - Cases Pending Before the Supreme Court
by Martin Fassler
March 2002- Volume 16, Number 2
- The Impact of Two Recent Decisions on FEHA Retaliation Claims Based on Circumstantial Evidence
by Miguel A. Neri and Fiel D. Tigno - Comments From the Chair
by Carol Vendrillo, Chair - The Trial Court Employment Protection and Governence Act: Fundamental Changes to Labor Relations in the Trial Courts
by Scott Gardner and Karen Sundermier - Judicial Council to Propose New Jury Instrucions for Employment Law Cases
by John Cumming - Update on Attorneys’ Fees Law: Ninth Circuit Narrows Applicability of Buckhannon
by Laura Juran - Disability Discrimination Case Notes
by Larry Minsky - ADR Case Notes
by John True III - Employment Law Case Notes
by Anthony J. Oncidi - Public Sector Case Notes
by Nate Kowalski and Michael Blacher - EEO Case Notes
by Teresa R. Tracy - Ask the Arbitrator: What Do Arbitrators Do With Surprise Evidence?
Answer by Arbitrator Mei Bickner
Introduction by Katherine Thomson - Proposed Ethics Rules for Arbitrators
- Ninth Circuit Holds Circuit City’s Arbitration Scheme Unenforceable
- Cases Pending Before the Supreme Court
- Final Decision Favors Wards Cove Packing Company
January 2002- Volume 16, Number 1
- Armendariz’ Viability After Circuit City
by Claudette G. Wilson and Michael S. Kalt - Judicial Council Seeking Comments on Ethics Standards for Arbitrators
- Catalyst Unplugged: The Impact of the Supreme Court’s Buckhannon Decision
by Laura P. Juran - Layoff and Termination Issues Created by the Economic Downturn
by Linda Hendrix McFarlin - LAYOFFS: Are They Legal? And Other Questions
by Jim Varga - How to Engage in the Interactive Process: A Field Guide for California Employers
by Jennifer G. Redmond and Robin M. Nagel - Legislative Update
by Sam McAdam and Steve Greene - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Public Sector Case Notes
by Stewart Weinberg - NLRA Case Notes
by Stephen Ury - New Executive Committee Officers and Members
- Cases Pending Before the Supreme Court
Winter 2001- Volume 15, Number 4
- The Clinton Era National Relations Board: Looking Backward, Looking Forward
by Stacy D. Shartin and Josh Friedman - Notes From the Chair
by Priscilla Winslow, Immediate Past Chair, Labor and Employment Law Section - Managing Performance Problems in the Leave of Absence Context
by Rod M. Fliegel and Andrea Kelly Smethurst - Book Review-“Nickel and Dimed” by Barbara Ehrenreich
- Some Observations are Common Knowledge, Others Are Insightful and Challenging
by Judith Droz Keyes - The Economic Injustice of Law Wage Work
by Ellen Greenstone - California Supreme Court Extends Time to Sue for Disability Harassment and Failure to Accomodate
by David Kadue - Disability Discrimination Case Notes
by David Kadue - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Public Sector Case Notes
by Nate Kowalski - ADR Case Notes
by John True III
Fall 2001- Volume 15, Number 3
- The Ask the Arbitrator: How Do We Avoid Backlogs and Two-Year-Old Discharge Cases?
by Arbitrator Gerald McKay, Bill Sokol, and Kathy Aure
Introduction by Katherine Thomson - Is the 1999 Anti-Sweatshop Law Effective? Assembly Bill 633: All Promise, No Bite
by Christina N. Chung and Julie A. Su* - Mediation of Class and Multi-Party Wage & Hour/Overtime Claims
by Deborah Rothman - Special Remedies Under the National Labor Relations Act
by Julie Gutman, Attorney, NLRB Region 21 - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Disability Discrimination Case Notes
by Larry Minsky - Public Sector Case Notes
by Stewart Weinberg - Legislative Update
by Tyler M. Paetkau - IWC Meeting on Vacation Policy
by Martin Fassler - Announcements:
New Publication Schedule for the Quarterly: Six Issues Each Year
Labor & Employment Law Section Educational Programs in Your Area
Cases Pending Before the Supreme Court
Summer 2001- Volume 15, Number 2
- The Clinton NLRB: What Is its Legacy?
by Henry M. Willis - Comments from the Chair
by Priscilla Winslow - Considering a Mandatory Arbitration Program for Your Employees?
by E. Joseph Connaughton - Arbitration in the California State University System
by Philip L. Fetzer and Michael Clark - Disabled Per Se: The Revised California Fair Employment and Housing Act
by Brian Branine - Non-Competition Agreements: New Cases Make Them Harder to Enforce in California
by Alisa K. Wynd - Do Circuit City and Armendariz Apply to Arbitrations Under Union Contracts?
by Martin Fassler - Update on Jury Selection Law
by Thomas Meyer - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Legislative Update
by Tyler M. Paetkau - NLRA Case Notes
by Steven Ury - ADR Case Notes
by John True III - Public Sector Case Notes
by Nick Kowalski - Disability Discrimination Case Notes
by David D. Kadue
Spring 2001- Volume 15, Number 1
- Cal Supreme Court Opinions — A Close Analysis of Asmus and Guz: Different Views of At-Will Employment
by Joseph R. Grodin - Message from the Chair
by Priscilla Winslow - Legal History — Is the Employment-At-Will Doctrine As Old As the State of California? Hardly
by Donna R. Mooney - Sprewell v. Golden State Warriors: An Employer’s Defenses Can Raise Section 301 Preemption
by Tony Skogen - Discriminatory Use of Peremptory Challenges: Recent Developments in the Batson Doctrine
by Thomas M. Meyer - Accommodating Carpal Tunnel Injuries Under the Americans with Disabilities Act
by Matthew A. Goodin - Changing the Rules After the Game Has Been Played: The Pitfalls of Applying AB 2222 Retroactively
by Thomas Kaufman and Michelle Lemley - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Disability Discrimination Case Notes
by Larry Minsky - Ask the Arbitrator — Discovery or Efficiency in Employment Arbitrations?
by Katherine Thomson and Barbara Chvany - Alternative Dispute Resolution Notes
by John M. True, III - NLRB Decision Notes
by Steven Ury - Recent Public Sector Cases
by Stewart Weinberg
Winter 2000- Volume 14, Number 4
- Staples v. Rent-A-Center: A Case Study on Psychological Testing v. Employees’ Right to Privacy
by Dale L. Brodsky - Employee Assistance Programs: What Your Clients Should Know
by Jennifer Randlett and Rafae Icaza - New State Laws: Overtime Pay Who’s Eligible, Who’s Not
by David Borgen and Aaron Kaufmann - EEOC Regulates Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
by Eduardo F. Cuaderes, Jr. and Rod M. Fliegel - NLRB Case Notes
by Steven Ury - NLRB Changes Course — The NLRA Protects Weingarten Rights of Non-Unionized Workers
by Christopher J. Pirrone - NLRB Revamps Rule on Contingent Worker Organizing, Allowing Regular Employees and Temps to Be in the Same Unit
by Steven Ury - Ask the Arbitrator — Why Won’t the Arbitrator Deny a Continuance?
by Katherine Thomson and Gerald R. McKay - Employment Law Case Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Legislative Update
by Tyler Paetkau - Johnson v. Loma Linda — Findings in Administration Hearings Will Be Binding in Labor Court Actions
by Debra Bray - A Union Lawyer’s View of Johnson v. City of Loma Linda
by Stewart Weinberg - Dills Act Amendments Change Law on Bargaining After Expiration of the Contract
by Joel H. Levinson - Public Sector Case Notes
by Cynthia O’Neill and Richard Bolanos
Fall 2000- Volume 14, Number 3
- Hiring and Obtaining Temporary Working Status for Foreign-Born Professionals: The Current Law and Proposed Legislative Changes
by Carl Shusterman - Comments from the Chair
by Emi R. Uyehara - The Supreme Court’s Armendariz Decision
California Supreme Court Green LIghts Mandatory Arbitration for All Employment Disputes
by Anthony J. Oncidi - An Arbitrator’s Take on the Matter
by Bonnie G. Bogue - Recent Arbitration Decision: A “No-Match” Letter from Social Security Does Not Justify Dismissal of an Employee
by Martin Fassler - The Social Security Administration’s “No-Match” Letters Have Unintended Consequences for Many Immigrant Workers
by Marielena Hincapie - An Informal Survey of NLRB Election Results in California
by Martin Fassler - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - Disability Discrimination Case Notes
by Larry Minsky - Public Sector Case Notes
by Stewart Weinberg - NLRA-Related Cases
by Steven Ury - The 18th Annual Meeting of the Labor and Employment Law Section — Brochure
- Labor and Employment Legislative Update
by Tyler Paetkau - Ask the Arbitrator — Can an Employer No Longer Discipline an Employee for Off-Duty Conduct
by Franklin Silver; Introduction by Katherine J. Thomson - Alternative Dispute Resolution Notes
by John True, III - The Governor’s Year 2000 Appoinments
by Sarah Cohen
Summer 2000- Volume 14, Number 2
- California Supreme Court Roundup: The Court’s Current Employment Law Docket — Part II
by Jeffrey B. Demain and Kathleen Morris - Comments from the Chair
by Emi R. Uyehara - The “Continuing Violation” Doctrine Revisited: New Limits on a Knowing Plaintiff’s Ability to Raise Ancient Claims Under the FEHA
by Tyler M. Paetkau - The Courts Are Consistently Admitting a Broad Spectrum of Evidence in Sexual Harassment Cases
by Denise J. Serra - Evidence Code Section 1106 Regarding “Sexual Conduct” in Hostile Work Environment Sexual Harassment Cases — A New Battleground at Trial
by Sherri K. McElroy and David J. Heilman - Will Labor Code Section 96[k] Affect Discipline Decisions in Public Employment?
by Melanie Petersen and Peter Fagan - Employment Law Notes
by Anthony J. Oncidi - Alternative Dispute Resolution Notes
by John True, III - NLRA-Related Cases
by Steven Ury - EEO Case Notes
by Teresa R. Tracy - Legislative Update
by Tyler M. Paetkau - ADA Disability Law Case Notes
by Kerry Freeman and Jonathan Rolnick - D.C. Circuit Upholds NLRB Back Pay for Undocumented Workers
by Martin Fassler - Public Sector Case Notes
by Cynthia O’Neill and Richard C. Bolanos - EEOC Opinion: Employers Must Favor Disabled Workers in Job Reassignments
by Tyler M. Paetkau - SPB Asserts Authority to Award General Damages to Victim of Disability Discrimination
by Frank Adkins
Spring 2000- Volume 14, Number 1
- California Supreme Court Roundup: The Court’s Current Employment Law Docket
by Jeffrey B. Demain and Kathleen Morris - Adoption of a Labor and Employment Specialization and Certification Is Delayed by State Bar Group
- Comments from the Chair
by Emi R. Uyehara - California and Federal Views on Employer Liability for Punitive Damages
by Dov M. Grunschlag - Employers’ and Emplioyees’ Obligations Under the Family and Medical Leave Act
by Patricia A. Shiu and Joanne C. Chang - Retreating from Moorpark: Avoiding an Overexpansive Breadth of Wrongful Discharge in Violation of Public Policy
by Thomas R. Kaufman - Critical Theory Applied to Title VII
by Roy L. Brooks and Hubert Kim - Employment Law Notes
by Anthony J. Oncidi - EEO Case Notes
by Teresa R. Tracy - The National Bank Act v. FEHA — the Case for Implied Partial Preemption
by Teresa R. Tracy - Disability Discrimination Case Notes
by Larry Minsky - Public Sector Case Notes
by Stewart Weinberg - Drafting the Settlement: Basic Terms for Resolving Employment Litigation
by Kenneth N. Silbert and Anita Christine Knowlton - Alternative Dispute Resolution Notes
by John True, III - Case Notes: NLRA-Related Cases
by Steven Ury - Legislative Update
by Tyler Paetkau and Jeffrey B. Demain
Winter 1999- Volume 13, Number 4
- Collective Bargainin California Charter Schools: A Short History of Freedom / A Management Perspective
by David G. Miller and Daniel A. Ojeda - Comments from the Chair
by Emi R. Uyehara - Malpractice Claims Arising from Trial Tactics, Settlement Advice, Withdrawals and Fee Disputes
by Edward F. Donohue - Negotiating AB 633, The Garment Accountability Bill
by Lora Jo Foo - Project Labor Agreements Discourage Bidders on Public Construction
by Mark R. Thierman - The San Francisco Airport Decision: An Unequivocal Victory for Labor
by Ted Franklin - In Memoriam: Victor Van Bourg
by Laurence P. Corbett and Alan Heineman - An Employer’s Road Map Through Slander Law
by Anthony Sperber and Rod M. Fliegel - Employment Law Notes
by Anthony J. Oncidi - Disability Discrimination Case Notes
by Jonathan C. Rolnick and Kerry M. Freeman - California Legislative Update
by Tyler M. Paetkau and Justine Meyer - Alternative Dispute Resolution Notes
by John M. True, III - The Revised Uniform Arbitration Act: Will It Resolve the Difficult Issues?
by Anita Christine Knowlton and Kenneth N. Silbert - The Cutting Edge of Liability: Technology in Labor and Employment Law
by Alai Kimberly Toure - Public Sector Case Notes
by Cynthia O’Neill and Janice Johnson - Labor and Employment Law Section Executive Committee Profiles
- Bar Association of San Francisco Opposes Specialization
Fall 1999- Volume 13, Number 3
- Employer Liability for Third-Party Sexual Harassment: Control, Power, and Expectations
by Kelly Grogan, Susan Etta Keller and Kelly Vidakovich - Legislative Update
by Tyler M. Paetkau and Justine Meyer - Different Views of Aguilar v. Avis:
- Summary of Supreme Court
by Katherine Thomson - Government-Prohibited Words
by William Bennett Turner - The Workplace Is Not a Street Corner
by Margaret C. Crosby and Michelle Alexander - Ask the Arbitrator: “To Be or Not To Be” — at the Employment Mediation
by Barry Winograd and Luella E. Nelson - Equal Employment Notes
by Teresa R. Tracy - Alternative Dispute Resolution Notes
by John M. True, III - Wrongful Termination Notes
by Anthony J. Oncidi - ADA Case Notes
by Kerry Freeman and Jonathan Rolnick - Working 1999
by Jaffe Dickerson - Local Agency Collective Bargaining: If the Time Has Come…
by Jeffrey Sloan - Public Sector Case Notes
by Stewart Weinberg, Janice Johnson, and Cynthia O’Neill - Does California Need a Specialization Exam for the Practice of Labor and Employment Law?: Letters from the Los Angeles County Bar
by Thomas T. Lewis, Jaffe Dickerson and James G. Varga - Wage and Hours Case Notes
by Ann Hipshman
Summer 1999- Volume 13, Number 2
- Joint Liability and the Underground Economy Bill [AB 633]
by Steve Nutter - A Survey of Malpractice Claims Against Employment Attorneys
by Edward F. Donohue - The “One-Flash” Rule: Is Sexual Harassment Law Different When Applied to a Sitting President?
by Samuel B. Shepherd, Scott B. Joachim and Scott G. Lawson - State Bar Moving Toward Labor & Employment Specialization Exam
- The Corporate Advisor: A Forum for In-House Counsel: Employment Law for the Real World
by Arnold P. Peter - Alternative Dispute Resolution Notes
by John M. True, III - Ask the Arbitrator: “Can the Employer Call the Grievant as a Witness in a Discipline/Discharge Case?”
by Luella E. Nelson & Kenneth N. Silbert - Wrongful Termination Notes
by Anthony J. Oncidi - Equal Employment Notes
by Teresa R. Tracy - Legislative Update
by Tyler M. Paetkau and Justine Meyer - ADA Case Notes
by Kerry Freeman and Jonathan Rolnick - Public Sector Case Notes
by Janice Johnson, Cynthia O’Neill, and Stewart Weinberg - Effective Employment Case Evaluation
by Kenneth N. Silbert and Anita Christine Knowlton
Spring 1999- Volume 13, Number 1
- Labor and Employment Law Rights of Undocumented Alien Workers
by Michael Rubin - From the Chair
by Jaffe Dickerson - Enforcement of Mediated Settlement Agreements
by Anita Christine Knowlton and Kennth N. Silbert - Attorney Fees Under the FEHA: Splitting Awards with Clients Presents Ethical Concerns
by Rogert L. Rediger and Laura C. McHugh - A Union View of Pete Wilson’s Eigh-Year Tenure: The Governor’s Consistent Anti-Union Policies Lead to a Revitalized Labor Movement
by Barry Broad - Judicial Review of Arbitration Awards Under Private Sector Collective Bargaining Agreements in California
by W. Daniel Boone and Theodore Franklin - Recent Developments Regarding Judicial Estoppel in Disability Cases
by Ian P. Fellerman - Marquez v. Screen Actors Guild: Supreme Court Approves “Membership in Good Standing” Clauses
by Ira Gottlieb - Wrongful Termination Notes
by Anthony J. Oncidi - The Corporate Advisor-A Forum for In-House Counsel. You Say You Are Good: How to Prove It to Your Chief Financial Officer
by Arnold P. Peter - Ask the Arbitrator: Can an Employer Use Prior Disciplinary Records that Have Grown Stale?
by Luella E. Nelson and Katherine Thomson - Equal Employment Notes
by Teresa R. Tracy
Fall / Winter 1998- Volume 12, Number 4
- Labor Policy in the Wilson Administration
by Lloyd W. Aubry, Jr. - From the Chair
by Bonnie G. Bogue - Living Wage Ordinances: A Kinder, Gentler Law With Bite
by Brian Dixon and Kristin E. Hutchins - The Los Angeles Living Wage in Operation: A Preliminary Evaluation
by Richard H. Sander and Sean Lokey, UCLA and the Fair Housing Institute - The High Costs of Middle-Ageism
by Margaret Morganroth Gullette
(Reprinted from “The Brander’s Review,” published by Brawer’s University) - Ask the Arbitrator — The Guilty Grievant and Due Process Violations: What’s an arbitrator to do when there’s a proven due process violation but the grievant is guilty as charged?
by Michael Prihar - Alternative Dispute Resolution Notes
by Katherine J. Thomson - Wrongful Termination Notes
by Anthony J. Oncidi - U.S. Supreme Court Gives Broad Construction to ADA in Ruling that Persons with the HIV Virus Are Protected
by Jonothan Rolnick - 1998 Legislation Passed and Failed
by Priscilla Winslow - Equal Employment Notes
by Teresa R. Tracy - Living Wage Ordinances: A Comparative Overview
by Erica Etelson - State Personnel Board Decision Notes
by Frank Adkins
Spring/Summer 1998- Volume 12, Number 3
- Labor and Employment Law Section 1998 Research Grant Articles
by Denise M. DeRose - From the Chair
by Bonnie G. Bogue - Unchained Maladies: The Proper Treatment of Asymptomatic Diseases as “Disabilities” Under the Americans With Disabilities Act
by Christopher David Ruis Cameron and Matthias Wagener - ERISA Preemption of State and Local Laws on Domestic Partnership and Sexual Orientation Discrimination in Employment
by Catherine L. Risk and Julianne Scott - A Practitioner’s Guide to the First Amendment Defense in Hostile Environment Harassment Cases
by Eugene Vololkh and Ann Swartzberg Wexler - Mea Culpa: Should a Discharged Employee’s Post-Discharge Acknowledgment of Misconduct and Rehabilitation Have Evidentiary Weight
by John B. LaRocco and Darrell S. Steinberg - The Cutting Edge of Liability: Technology in Labor and Employment Law
by A. Kimberly Toure - Who’s Running This Show Anyway?
The Labor and Employment Law Section Executive Committee - Wrongful Termination Notes
by Anthony J. Oncidi - Alternative Dispute Resolution Notes
by John M. True, III - NegotiatingWith Interests: Achieving More Satisfactory Settlements
by Kenneth N. Silbert and Anita Christine Knowlton - Equal Employment Notes
by Teresa R. Tracy - Ask the Arbitrator
by Luella E. Nelson and Matthew Goldberg
Winter 1998- Volume 12, Number 1
- After “Ellen,” What Next?: Understanding and Responding to Sexual Orientation Bias in the Workplace
by Susan G. Bluer - From the Chair
by Bonnie G. Bogue - The Cutting Edge of Liability: Technology in Labor and Employment Law
by A. Kimberly Toure - Wrongful Termination Notes
by Anthony J. Oncidi - Designing the Arbitration Process
by Anita Christine Knowlton and Kennth N. Silbert - Arbitration Is Arbitration Is Arbitration (Or Is It?)
by Franklin Silver - Ask the Arbitrator
by Lucile E. Nelson - Alternative Dispute Resolution Notes
by John True - ADA Case Notes
by Jonathan Rolnick and Kerry McInerney Freeman - State Personnel Board Precedential Decisions
by Martin Fassler - Equal Employment Notes
by Teresa R. Tracy - The Corporate Advisor: Media Savvy (or Why “no Comment” Is Almost Always a Bad Thing)
by Arnold P. Peter
Summer 1997- Volume 11, Number 3
- Damned If You Do, Damned if You Don’t: Public Sector Employers’ Obligations to Prevent Hostile Work Environments Without Violating Free Speech Rights
by Aaron D. Kaufmann - From the Chair
by Arnold Peter - FLSA White Collar Exemptions Revisited – The Supreme Court Delimits the Salary Basis Test
by Duane W. Reno - New EEOC Enforcement Guidance Narrows Judicial Estoppel Defense in ADA Cases
by Rebecca D. Kleinmann and Sherri K. McElroy - Wrongful Termination Notes
by Anthony J. Oncidi - Alternative Dispute Resolution Notes
by John M. True III - The Cutting Edge of Liability: Technology in Labor and Employment Law
by Kimberly Ny. Papillon - Legislative Update
by Priscilla S. Winslow - State Personnel Board Decision Notes
by Martin Fassler - The Corporate Advisor: Guest Columnist
by Richard J. Simmons - Equal Employment Notes
by Teresa R. Tracy - Labor & Employment Law Section’s 15th Annual Meeting Will Be Held at Universal Studios Hollywood
Winter 1997- Volume 11, Number 1
- Using the False Claims Act in Whistleblower Litigation
by Mark Allen Kleinman - From the Chair
by Arnold P. Peter - Wrongful Termination Notes
by Anthony J. Oncidi - What Every Management Lawyer Should Know About A Plaintiff’s Bankruptcy
Michael G. Morgan Esq. and Michelle Lee Flores Esq. - Federal Court Enjoins Enforcement of Proposition 209
Jesús E. Quiñonez - Violence in the Workplace: Reality for Men and Women
by Holly A.H. Williams - Public Sector Case Notes
by Joseph E. Wiley - Scott, Carma, and the Shrinking Duty of Good faith and Fair Dealing
by Phillip B. Obbard - Alternative Dispute Resolution Notes
by John M. True III - The Corporate Advisor
by Timothy B. Sottile - Equal Employment Notes
by Teresa R. Tracy - Courts Grapple with Employee Rights Under Collective Bargaining Agreements and Discrimination Laws
by Ira L. Gottlieb - In Memoriam: David A. Concepcion
- Legislative Update
by Priscilla S. Winslow
Fall 1996- Volume 10, Number 4
- Navigating Provisions for Negotiating Reasonable Accommodation Under the Americans With Disabilities Act: Strategies and Potential Pitfalls
by William F. Murphy Esq. And Rod M. Fliegel Esq. - From the Chair
by Michael M. Johnson - Wrongful Termination Notes
by Anthony J. Oncidi - Alternative Dispute Resolution Notes
by John M. True III - English Language Requirements in the Workplace: When Are They Legal?
by Elizabeth Thompson - The Corporate Advisor
by Arnold P. Peter - Public Sector Case Notes
by Joseph E. Wiley - President Clinton Signs Sweeping Health Coverage Portability Law
Reprinted With Permission
Seyfarth, Shaw, Fairweather & Geraldson, Management Alert (August 21 1996) - New Minimum Wage Package Includes Pension Simplification, Damage Award Taxation and Employee Benefits Changes
Reprinted With Permission
Seyfarth, Shaw, Fairweather & Geraldson, Management Alert (August 21 1996) - Undercover Investigations in the Workplace–How to Make Them Effective and LegalEqual Employment Notes
by Lee Ann Huntington and Jim Mcginnis - State Personnel Board Decision Notes
by Martin Fassler - Equal Employment Notes
Teresa R. Tracy - Legislative Update
by Priscilla S. Winslow - 1997 Appointments to State Bar Committees
Summer/Fall 1996- Volume 10, Number 3
- Showcase of Labor and Employment Law Section Research Grant Articles
- From the Chair: Legislation
by Michael M. Johnson - Wrongful Termination Notes
by Anthony J. Oncidi - Alternative Dispute Resolution
by John M True III - Forewarned And Forearmed Employees Rights Employers Responsibilities Under The Worker Adjustment And Retraining Notification Act
by Christopher David Ruiz Cameron And Beverlei E. Colston ©1996 - The Times They Are A Changing: Recent Trends In Disability Employment Discrimination
by Sande Buhai Pond - Handling Employment Cases In A Law School Clinical Setting
by Margaret Stevenson, Joshua Gordon and Eric W. Wright - The Corporate Advisor: a Forum for In-House Counsel
by Arnold P Peter - Equal Employment Notes
Teresa R. Tracy - ADA Case Notes
by Anna Segobia Masters and Ellen Brostrom - State Personnel Board Decision Notes
by Martin Fassler - Public Sector Case Notes
by Joseph E. Wiley
Spring/Summer 1996- Volume 10, Number 2
- The Aftermath of Lazar V Superior Court: Implications in Evaluating an Employee’s Fraud Related Claims
by Andrew D. Morrison and Gary B. Ross - From The Chair
By Michael M Johnson - Wrongful Termination Notes
By Anthony J. Oncidi - Alternative Dispute Resolution Notes
by John M. True III - Barton V New United Motor Manufacturing Inc.: The Adoption of a One Year Statute Of Limitations for The Tort of Wrongful Dischargein Violation of Public Policy
by Theresa A. Kristovich and Julia Zalba - Causation in The Employment Discrimination Case: What is The Standard Under The Fair Employment and Housing Act
by Kathleen A. Brewer - The Corporate Advisor a Forum for In-House Counsel
by Arnold P. Peter - The Hollywood Supports “AIDS in the Workplace” Seminar
by Michael Grizzi and Lynne Gabriel - Equal Employment Notes
by Teresa R. Tracy - Law Revision Commission Proposal to Eliminate Independent Judgment Judicial Review Would Mean End of Successful Challenges to Improper Government Administrative Actions
by Robert J. Bezemek - State Personnel Board Decision Notes
by Martin Fassler - Legislative Update
by Priscilla Winslow - An Analysis of The California and Federal Family and Medical Care Leave Acts
by Peter J. Brown and Barry M. Ziotowicz
Spring 1996,
Volume 10, Number 1
- Beyond Mckennon V Nashville Banner Publishing Co.: Using The After-Acquired Evidence Doctrine to Bar Discrimination Claims
by James F. Elliott and David A. Urban - From the Chair
by Michael M. Johnson - Wrongful Termination Notes
by Anthony J. Oncidi - Alternative Dispute Resolution Notes
by John True - Defining The Nebulous “Continuing Violations” Theory in Untimely Sexual Harassment Cases
by Tyler M. Paetkau - The Corporate Advisor: a Forum for In-House Counsel
by Arnold Peter - An Invitation to Litigation
by Jacqueline M. Jauregui - Equal Employment Notes
by Teresa R. Tracy - Public Sector Case Notes
by Joseph E. Wiley - Workers Compensation Exclusivity Over IIED Claims: How The Compensation Bargain Became So Expensive For California Employers
by Michael G. Morgan - From The Editors
A Solicitation of Articles Representing All Viewpoints - Legislative Leqislative Update
Priscilla S. Winslow