California Lawyers Association

Labor and Employment eNews

Articles from the Labor and Employment Law Section’s eNews

Spring is a time of rejuvenation.  Vines spurt new growth, flowers bloom, graduations and weddings are celebrated. This Spring feels particularly hopeful.  On May 6, 2022, our Section will host the 2022 Public Sector Conference in San Francisco.  This will be our first hybrid conference, and the first educational event at which we will have in-person attendance since 2019.  It has been a long two plus years, and while I believe we will continue to incorporate virtual conferences in our regular… Read more
The May 2022 issue of our Section’s California Labor & Employment Law Review will lead off with an article by Michael Robbins and Scott Barer on “Clear and Convincing or Preponderance of the Evidence – What’s a Poor Workplace Investigator to Do?” The piece will address the recent California Supreme Court decision in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022), which set forth the proper method for presenting and evaluating a claim of whistleblower retaliation under Cal. Lab. Code § 1102.5 Read more
Arbitration agreement was procedurally unconscionable because it was presented to Nunez as a nonnegotiable condition of employment, Nunez cannot read English, and the agreement was not explained to him. Read more
A police officer left his service firearm in his personal vehicle after work. The gun was stolen from the vehicle and shortly thereafter used to kill plaintiff’s son. Summary judgment for the city on plaintiff’s wrongful death claim reversed because, under the doctrine of respondeat superior, a police officer’s negligent handling of a firearm is a foreseeable result of the enterprise of law enforcement. Read more
Zamora v. Security Industry Specialists (CA6, filed 9/30/21, pub. ord. 10/29/21 H044008) FEHA Disability Discrimination, Retaliation, Wrongful Termination McDonnell Douglas burden-shifting framework applied to plaintiff’s disability discrimination claim because he presented no direct evidence of discrimination. Triable issue of material fact existed on plaintiff’s disability discrimination claim because a jury could find that the empl Read more
The upcoming November issue of our Section’s Labor & Employment Law Review leads off with an article entitled “Law Enforcement Labor Reform Proposals” by members of the Law Enforcement Study Group, which was formed after the 2020 George Floyd killing to study police reforms. Read more
The holidays are a time to show our gratitude, and, in that spirit, I want to highlight the work of a couple of this Section’s subcommittees. First, the New Employment Practitioner Conference Read more
Plaintiffs could not be compelled to arbitrate representative claims for civil penalties under the Private Attorneys General Act of 2004 because the state, which owns the claims, was not a party to the arbitration agreements and did not ratify them, nor did the plaintiffs agree to arbitrate the claims after they became representatives of the state. Read more
The upcoming September issue of our Section’s Labor & Employment Law Review leads off with an MCLE article by Natalie Pierce entitled “AI in the Workplace: A Primer for Lawyers.” The article introduces lawyers to key artificial intelligence principles. It provides examples of AI uses across myriad job fields, explores some of the associated legal and ethical issues, and offers practical tips to help organizations adopt AI responsibly. Ms. Pierce is a partner at Gunderson Dettmer in San Francisco, and chair of the firm's labor & employment practice. The Daily Journal has recognized her as both a top labor/employment and AI lawyer. Read more
Next month will mark the beginning of the fall season and the end of my tenure as Chair of the Labor and Employment Law Section Executive Committee. Read more

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