Labor and Employment eNews

It is with great concern and determination that I write this month’s message, as we collectively strive to combat the injustices that continue to persist in our society. Read more

Atkins v. St. Cecilia Catholic School (CA2/8 B314220 4/28/23) Ministerial Exception The trial court granted St. Cecilia’s motion for summary judgment on Atkins’ age discrimination claim under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) Read more

Seifu v. Lyft, Inc. (CA2/4 B301774 3/30/23) Arbitration| PAGA Waiver. Plaintiff filed suit against Lyft under the Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq., alleging that Lyft misclassified him and other drivers as independent contractors rather than employees, thereby violating multiple provisions of the Labor Code. Under Viking River Cruises, Inc. v. Moriana (2022) ___ U.S. ___ [142 S.Ct. 1906] Read more

I want to remind folks that the deadline to apply to become a member of our Section’s Executive Committee is coming up on April 15, 2023. You can apply here and I look forward to hopefully working with you in the future! Read more

Galaza v. Mayorkas (9th Cir. 21-15464 2/28/23) Aviation and Transportation Security Act | Preemption over Rehabilitation Act  The ASTA establishes basic qualifications for the position of ATSA security screener, and vests the Administrator of the TSA with the authority to determine additional employment standards and training for security screeners. The Rehabilitation Act protects qualified individuals with disabilities from being subjected to discrimination under activity conducted by any Executive agency because of his or her disability. 29 U.S.C. § 794(a).  The ATSA authorized the Administrator… Read more

The March 2023 issue of our Section’s California Labor & Employment Law Review leads off with an MCLE article questioning the impartiality and independence of attorney workplace investigations by Andrew H. Friedman and Courtney Abrams. Read more

I am happy to announce that we’ve extended the application deadline to become a member of our Section’s Executive Committee. The new deadline is April 15, 2023.   Read more

Casson v. Orange County Employees Retirement System (CA4/3 G060950 1/30/23) Public Sector Disability Retirement The County Employees Retirement Law of 1937 allows an employee entering a county pension system who has prior service credit with another public pension system to elect reciprocity between the two pensions. Government Code section 31838.5 precludes a “disability allowance” that exceeds the amount a member would receive had he or she stayed in a single pension system. Because Casson did not elect reciprocity when he became… Read more

Happy February! As we celebrate Black History Month, I want to take this occasion to honor the achievements of Black leaders, past and present, who have fought for justice, equality, and respect for all individuals in society and the workplace. Read more

The California Public Records Act exempts from disclosure “[r]ecords of state agencies related to activities governed by [the Ralph C. Dills Act granting collective bargaining rights to state employees] that reveal a state agency’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy.” (§ 6254, subd. (p)(1).) Under its plain language and applying the canon of ejusdem generis, the exemption is not limited to documents that reveal an agency’s deliberative processes. The California Department of Human Resources was not required to search the State Controller’s database for CPRA-responsive records because Read more