Labor and Employment eNews

Everything is now in place for 9th Annual Advanced Wage & Hour Conference and 36th Labor and Employment Law Section Annual Meeting, which will take place on July 18 and 19 at the Millennium Biltmore in Los Angeles. Registration will open shortly, and you’ll have the option to register for one or both days. We also have a webinar coming up later this month that explores the Supreme Court’s arbitration decisions of 2018-2019 and implications for class and representative action employment litigation. Read more

The May issue of our Section’s Labor & Employment Law Review will feature an article by Andrew Friedman and Taylor Markey titled “A Refresher on and Thoughts About Unconditional Offers of Reinstatement.” In that article, the authors consider the following questions, among others: What is a valid unconditional offer of reinstatement? What are the “special circumstances” justifying the rejection of such an offer? What are the consequences of an unjustified rejection? Who bears the burden of proof on the issues of whether an offer was “unconditional,” and whether the rejection of the offer was reasonable? Who determines whether the rejection of the offer was justified? Does California even recognize the unconditional offer of reinstatement doctrine? Read more

Vazquez v. Jan-Pro Franchising Int'l Inc. (9th Cir. 17-16096 5/2/19) Wage and Hour. Dynamex should be applied retroactively. Read more

First Partner Jennifer Siebel Newsome, California Labor Secretary Julie A. Su, the California Commission on the Status of Women and Girls and Time’s Up are promoting #EqualPayCA to close the pay gap in California and are promoting new online resources from the California Commission on the Status of Women and Girls: https://women.ca.gov/californiapayequity/ Read more

The May issue of our Section’s Labor & Employment Law Review will feature an article by Andrew Friedman and Taylor Markey titled “A Refresher on and Thoughts About Unconditional Offers of Reinstatement.” Read more

Moorer v. Noble LA Events Inc. (CA2/7 B282631, filed 2/11/19, pub. ord. 2/27/19) PAGA/Default Judgment. 25% of PAGA recovery goes to the affected employees, not solely to the aggrieved employee pursuing the PAGA action. Su v. Stephen S. Wise Temple (CA2/3 B275426 3/8/19) Wage and Hour/Ministerial Exception. Reversing summary judgment that had been granted in case brought by the Labor Commissioner against a synagogue for Labor Code violation based on the “ministerial exception.” The court of appeal held that the… Read more

Along with the warming weather and stunning wildflowers, spring also brings us one of our flagship Section events—our Annual Public Sector Conference, which will take place on Friday, April 12 at the Sheraton Grand Sacramento. Read more

A Special Thanks to Our 2019 Sponsors Read more

The March issue of our Section’s Labor & Employment Law Review will feature an article titled “#MeToo Movement Inspires Changes in California’s Sexual Harassment Law: SB 1300,” written by Mariko Yoshihara. Ms. Yoshihara is the Policy Director and Legislative Counsel for the California Employment Lawyers Association, and was active in SB 1300’s passage. Read more

The Labor and Employment Law Section has partnered with the Berkeley Comparative Equality and Anti-Discrimination Study Group for Berkeley School of Law’s The Worldwide #MeToo Movement: Global Resistance to Sexual Harassment Conference. It will be held on May 14, 2019 at UC Berkeley School of Law. Read more