California Lawyers Association

Labor and Employment eNews

Articles from the Labor and Employment Law Section’s eNews

As we grapple with the implications of George Floyd’s death, I urge us all to act with compassion and respect. Remember that for many of us, the events of the past few weeks raise strong emotions. Realize that actions and speech may be fueled by those emotions. Recognize that people process strong emotions in different ways. But as we acknowledge and celebrate each other’s differences, it is more important to appreciate and build on our commonalities as human beings. Only… Read more
The United States Supreme Court held that plaintiffs lacked Article III standing because, win or lose, they would still receive the exact same monthly benefits they are already entitled to receive. Read more
I hope you, your family, and friends are healthy and safe as we face together the new challenges COVID-19 has brought to our daily lives. CLA has an outstanding collection of resources available for navigating through the pandemic. These include free webinars and court updates for attorneys, and free videos for the public on legal issues related to COVID-19. Read more
The 9th circuit panel held that an employer does not violate the Fair Credit Reporting Act by providing a FCRA disclosure simultaneously with other employment materials, and by providing a FCRA disclosure simultaneously with other employment materials, and by failing to place a FCRA authorization on a standalone document. Read more
Message from the Chair Erich Shiners from the Labor and Employment Law monthly eNews Read more
A rundown of newly-published labor and employment cases from the Labor and Employment Law Section eNews. Read more
The March issue of our Section’s Labor & Employment Law Review has a special Arbitration theme, featuring three articles on recent developments in that area. Read more
Cacho v. Eurostar, Inc. (CA2/7 B284827, filed 12/4/19, ord. pub. 12/23/19) Wage & Hour/Class Certification Read more
Lehman v. Nelson (9th Cir. 18-35321 12/3/19) ERISA Plaintiff Richard Lehman, an electrician, filed a class action against the Trustees of IBEW under ERISA. Plaintiff was a member of a different local union pension fund. When he was temporarily employed outside his home fund, his employer contributed to the local fund in the place where the work was performed. Plaintiff’s home fund and the Pacific Cost Fund were signatories to the Electrical Industry Pension Reciprocal Agreement, under which “travelers” like plaintiff could elect… Read more
Berroteran v. Superior Court (CA2/1 B296639 10/29/19) Admissibility of Former Employees’ Depositions The Court of Appeal reversed the trial court’s exclusion of videotaped deposition testimony of nine of the Respondent’s employees and former employees.  The Court disagreed with the holding of Wahlgren v. Coleco Industries, Inc. (1984) 151 Cal.App.3d 543 (Wahlgren) to the extent it espouses a blanket proposition that a party has a different motive in examining a witness at a deposition than at trial and determined that the Respondent had the… Read more

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