Labor and Employment Law Section

Happy Valentine’s to all of our section members. Our Executive Committee is working hard to bring you continued great programming. Read more

This is the Summer 2021 Law Student Scholarship Program Application Form. Read more

The employer waived its right to arbitrate by waiting to file its motion to compel arbitration of plaintiffs’ individual claims until after it failed to settle the case following two years of classwide discovery and class notice procedures. Read more

Happy New Year, all. We have a lot to look forward to in 2021, including more excellent programs and initiatives from the Labor & Employment Law Section. One of our most popular programs is right around the corner – the New Employment Law Practitioner Conference on January 20th and 21st. Read more

In this webinar, we will hear from a judge, an arbitrator and a PERB ALJ regarding best practices for virtual trials and hearings, including arbitrations, in the time of COVID-19. Read more

The January issue of our Law Review will feature the annual summary of New California Employment Laws by Michael S. Kalt and David J. Duchrow, and a look back at The Top Cases of 2020 by Ramit Mizrahi, Andrew H. Friedman, and Anthony J. Oncidi. Read more

The court vacated an arbitration award, finding the arbitrator exceeded his authority by issuing an award enforcing provisions of an employment agreement that illegally restricted the employee’s future right to work in the field of securities trading, in violation of Business and Professions Code section 16600. Read more

Seasons Greetings. I would like to personally wish each of you safe holiday celebrations followed by a very Happy New Year. Read more

I am pleased to be taking on the role of Chair of the Section’s Executive Committee. You will hear more from me in the upcoming issue of the Law Review. For now, welcome to the fall season with its cooler weather and anticipation of the holidays. Read more

Labor Code section 515 allows for the establishment of overtime pay exemptions for employees who perform certain duties and who “earn[ ] a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” A compensation plan based solely on commissions, with a recoverable draw against future commissions, does not qualify as a “salary” for purposes of the administrative exemption to overtime pay. Read more