California Lawyers Association

Labor and Employment eNews

Articles from the Labor and Employment Law Section’s eNews

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
Plaintiff was not required to exhaust his administrative remedies by challenging his termination before the city’s human resources commission because his immediate supervisor, who he claimed had fired him in retaliation for making various safety and misconduct complaints, would be involved in deciding the appeal. $3.5 million noneconomic damages award was excessive; award vacated and remanded for new trial on damages. Read more
I would like to personally invite each of you to the 37th Annual Meeting of the Labor and Employment Law Section which takes place next week - July 15 and 16, 2021. Read more
The July issue of our Section’s Labor & Employment Law Review leads off with an MCLE article by Kelly Scott and Pooja Nair entitled “Wear a Mask, Not a Blindfold: Returning to Work Pos-Pandemic.” Read more
Plaintiff lacked Article III standing to bring California Private Attorneys General Act claim for meal break violations because he did not suffer injury himself. Read more

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