Labor and Employment Law Section

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

The annual round up will cover 2020 NLRB decisions, rules and guidance memos that impacts the union and non-union workplaces, including work rules, protected concerted activities, and how the pandemic has affected on the duty to bargain, union election, and unfair labor practice hearings. Read more

Employment Law 101, Fundamentals for the New Employment Practitioner, Jan 20-21, 2021 Read more

In this fast-paced program, esteemed employment defense attorney Tracey A. Kennedy of Sheppard Mullin and renowned plaintiff employment lawyer Erin M. Pulaski of Rudy, Exelrod, Zieff & Lowe will offer valuable insights and practical tips about how employment litigators should handle the peskiest and re-occurring evidentiary issues that arise during employment discrimination cases. Read more

The panel will focus on "Hot Topics in Wage and Hour Law" in 2020 and provide perspectives from the Plaintiff and Defense side. Read more

Learn from experienced employment practitioners about how the current global COVID-19 Pandemic is impacting the workplace, including the increased use by employees of social media, politics and political activity and the impact on the remote workplace. Read more

The Court of Appeal affirmed the superior court’s dismissal of Fushan Li’s petition for writ of mandate after his request that the court waive the bond requirement was denied and he failed to post a bond. On appeal Li contended he was not properly subject to the bond requirement, which was adopted after the citations he challenged were issued, and, alternatively, the trial court abused its discretion in denying his request for relief from the requirement once he had demonstrated his indigency. Read more