Labor and Employment Law Section

Cacho v. Eurostar, Inc. (CA2/7 B284827, filed 12/4/19, ord. pub. 12/23/19) Wage & Hour/Class Certification Read more

Lehman v. Nelson (9th Cir. 18-35321 12/3/19) ERISA Plaintiff Richard Lehman, an electrician, filed a class action against the Trustees of IBEW under ERISA. Plaintiff was a member of a different local union pension fund. When he was temporarily employed outside his home fund, his employer contributed to the local fund in the place where the work was performed. Plaintiff’s home fund and the Pacific Cost Fund were signatories to the Electrical Industry Pension Reciprocal Agreement, under which “travelers” like plaintiff could elect… Read more

Earn 7.25 hours of MCLE credit. In two locations! Thursday, February 6, 2020 St. Anne’s Conference Center 155 N. Occidental Blvd. Los Angeles, CA 90026 Thursday, February 13, 2020 Morrison & Foerster LLP 425 Market Street, 33rd Floor San Francisco, CA 94105 Onsite registration available! * Thank you to Morrison & Foerster for being a Venue Sponsor! Thank you to our co-host, the California Young Lawyers Association (CYLA). You can learn more about CYLA here. Schedule | Essential Info |… Read more

This webinar will analyze all phases of a request for reasonable accommodation including the initial request, the interactive process, and the anticipated litigation. Read more

Please join us on February 6 for Employment Law 101—Fundamentals for the New Employment Practitioner in Los Angeles! Read more

Berroteran v. Superior Court (CA2/1 B296639 10/29/19) Admissibility of Former Employees’ Depositions The Court of Appeal reversed the trial court’s exclusion of videotaped deposition testimony of nine of the Respondent’s employees and former employees.  The Court disagreed with the holding of Wahlgren v. Coleco Industries, Inc. (1984) 151 Cal.App.3d 543 (Wahlgren) to the extent it espouses a blanket proposition that a party has a different motive in examining a witness at a deposition than at trial and determined that the Respondent had the… Read more

This week, at the CLA Annual Meeting, our new Section leadership will begin their terms. Welcome to incoming Chair Erich Shiners, Vice Chair Deborah Maddux, and Secretary Adam Fiss! I enjoyed this year as Section Chair tremendously, and I am equally thrilled to step down from the role. I look forward to the steep drop in emails that will instantly accompany the change! Read more

The November issue of our Section’s Labor & Employment Law Review celebrates the 60th Anniversary of the enactment of the Unruh Civil Rights Act. Former DFEH Director Phyllis Cheng provides a retrospective in her article “The Unruh Civil Rights Act at 60.” Workplace investigator and former Chair of the Section Amy Oppenheimer offers an article, co-authored with Aleza Trigueros, titled "The Meaning of Due Process in Harassment Investigations." Read more

Naranjo v. Spectrum Security Services, Inc.
(CA2/4 B256232 9/26/19)
Wage and Hour Class Action. In a wage and hour class action alleging violations of Labor Code sections 203, 226.7 and 226, the court of appeal held in part: “(1) at-will, on-call, hourly, nonexempt employees who are paid for on-duty meal periods are also entitled to premium wages if the employer does not have a written agreement that includes an on-duty meal period revocation clause (§ 226.7); (2) unpaid premium wages for meal break violations accrue prejudgment interest at seven percent; (3) unpaid premium wages for meal break violations do not entitle employees to additional remedies pursuant to sections 203 and 226 if their pay or pay statements during the course of the violations include the wages earned for on-duty meal breaks, but not the unpaid premium wages; [and] (4) without section 226 penalties, attorney fees pursuant to section 226, subdivision (e) may not be awarded.” Read more

Practical Skills for Experienced Employment Litigators Earn Up to 6.5 MCLE Credit Thursday, November 14, 2019 Location:Latham & Watkins Office355 South Grand Ave., Suite 100Los Angeles, CA 90071 Note: This program is sold out. Schedule | Essential Info | Speakers | Full Brochure Even seasoned litigators sometimes feel lost with questions such as how aggressively to open or how to move a negotiation forward without giving too much away. And even seasoned litigators sometimes leave mediation feeling frustrated because a… Read more