Labor and Employment eNews

The Los Angeles County Bar Association’s 39th Annual Labor and Employment Law Symposium is taking place on March 5, 2019 at the Millennium Biltmore Hotel Los Angeles. 7.5 CLE hours. CLA Labor & Employment Law Section members get a special $390 rate. Read more

The CLA Labor & Employment Law Section is presenting its 25th Annual Public Sector Conference on Friday, April 12, 2019, at the Sheraton Grand Sacramento Hotel. Pre-registration is $270 for Section Members and $365 for Non-Section Members, and available through April 5, 2019. Read more

Ward v. Tilly’s, Inc.(CA2/3 B280151 2/4/19) On-Call Scheduling. Employees “report to work” by presenting themselves as ordered (e.g., in person, by telephone, logging in, etc.) Employees who were required to, and did, call-in two hours before their on-call shift were entitled to reporting time pay when they were not called in to work. Goonewardene v. ADP, LLC(SC S238941 2/7/19) Wage & Hour/No Liability for Payroll Provider. Determining that an employee could not sue a payroll company for breach of contract… Read more

We all aspire to be “in the zone” at work—deeply engaged and immersed in what we are doing, with a sense of fulfillment and accomplishment at the end of the day. I often have such days, yet many others seem to be overtaken with emails and calls. In this month’s issue of the Law Review, I write about the tools and practices that I use to make my workdays as efficient and productive as possible. 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 the Policy Director and Legislative Counsel for the California Employment Lawyers Association, and was active in SB 1300’s passage. Read more

The Judicial Council Advisory Committee on Civil Jury Instructions is proposing changes to the Judicial Council civil jury instructions (CACI). You can review the proposed changes and submit comments. Comments are due by March 1, 2019. Read more

Duffey v. Tender Heart Home Care Agency (CA1/5152535 1/11/19) Wage & Hour/Common Law Test. With respect to an overtime claim relating to the Domestic Workers Bill of Rights, trial court erred in applying the common law Borello test. Read more

We are looking for motivated and collegial people to serve on the Labor and Employment Law Section’s Executive Committee. We seek applicants with a breadth and depth of perspective including, but not limited to the following: geographic location, practice area, size of law practice, length of time practicing, volunteer work, specific accomplishments, educational background, race, ethnicity, gender, age, sexual orientation, and disability. Read more

I wanted to thank those of you who sent me kind comments about my Message from the Chair in the January issue of the California Labor and Employment Law Review. It has been so wonderful to hear that my message resonated with so many of you! Read more

New labor and employment cases featured in the Labor and Employment eNews. Fresno Superior Court v. PERB (CA5 F075363 12/14/18) PERB Authority/Court Personnel Rules. Upholding broad restrictions on employee clothing, ban on solicitation during working hours and ban on displaying images in areas visible to the public, but finding regulations prohibiting distribution of literature in working areas were ambiguous. Read more