Labor and Employment Law Section

The July issue of our Section’s Labor & Employment Law Review will feature an article by Laura Reathaford titled “State of the PAGA State: Where Do Things Stand 15 Years Later?” The author reviews recent and ongoing significant PAGA cases, including one filed by the California Business & Industrial Alliance against the State of California that challenges PAGA as unconstitutional on an “as-applied” basis. The author also discusses what she considers to be four problem areas for PAGA, and urges legislative corrections. Read more

Vazquez v. Jan-Pro Franchising Int’l (9th Cir. 17-16096 5/2/19) Retroactive ABC Test/Franchises. Holding that the Dynamex ABC test applies retroactively, and applies in—and is not altered by—the franchise context. Read more

Next month will bring the Section’s best and largest event of the year, our 9th Annual Advanced Wage & Hour Conference and 36th Labor and Employment Law Section Annual Meeting. This year, it will be at one of my favorite hotels, the Millennium Biltmore in Downtown Los Angeles, which has frescoed mural ceilings and hallways of photos of old Hollywood glamour. The combined conference will have something for everyone, and you can register to attend one or both days. Our Wage and Hour Conference, on July 18, will have an annual update, panels on Dynamex and PAGA, a wage-and-hour-ethics-themed trivia luncheon, and the much-loved judges panel with practical tips on litigating wage and hour class actions. Read more

When Rules Don’t Apply is a documentary concerning the conspiracy among leading tech CEOs in Silicon Valley, like Steve Jobs and Eric Schmidt, who agreed not to hire each others' employees. That secret deal denied professional advancement and better pay to the very people who made their companies successful. Government lawyers used antitrust laws for the first time in a labor case to prosecute companies like Apple, Google, Pixar, Adobe, Intel, Intuit, and others. Read more

Everything is now in place for 9th Annual Advanced Wage & Hour Conference and 36th Labor and Employment Law Section Annual Meeting, which will take place on July 18 and 19 at the Millennium Biltmore in Los Angeles. Registration will open shortly, and you’ll have the option to register for one or both days. We also have a webinar coming up later this month that explores the Supreme Court’s arbitration decisions of 2018-2019 and implications for class and representative action employment litigation. Read more

The May issue of our Section’s Labor & Employment Law Review will feature an article by Andrew Friedman and Taylor Markey titled “A Refresher on and Thoughts About Unconditional Offers of Reinstatement.” In that article, the authors consider the following questions, among others: What is a valid unconditional offer of reinstatement? What are the “special circumstances” justifying the rejection of such an offer? What are the consequences of an unjustified rejection? Who bears the burden of proof on the issues of whether an offer was “unconditional,” and whether the rejection of the offer was reasonable? Who determines whether the rejection of the offer was justified? Does California even recognize the unconditional offer of reinstatement doctrine? Read more

Vazquez v. Jan-Pro Franchising Int'l Inc. (9th Cir. 17-16096 5/2/19) Wage and Hour. Dynamex should be applied retroactively. Read more

9th Annual Advanced Wage & Hour Conference and 36th Labor and Employment Law Section Annual Meeting is scheduled for July 18-19, 2019 in Los Angeles. Learn more about our conference and we hope to see you there! Read more

July 18-19, 2019 Pre-registration is now closed. Onsite registration will be available. Millennium Biltmore Hotel506 S. Grand Ave.Los Angeles, CA 90071 Earn 14 Hours MCLE credit, includes Legal Ethics, Elimination of Bias, and Competency Issues. Scholarship | Hotel InformationBrochure | Registration Form | Exhibitor Form Thank You to Our Generous Sponsors for Their Contributions! Gold Sponsors Littler Mendelson, P.C. Bronze Sponsors Atkinson Andelson Loya Ruud & RomoBest Best & KriegerKronick Moskovitz Tiedemann & Girard Orrick, Herrington & Sutcliffe, LLPSloan Sakai… Read more

First Partner Jennifer Siebel Newsome, California Labor Secretary Julie A. Su, the California Commission on the Status of Women and Girls and Time’s Up are promoting #EqualPayCA to close the pay gap in California and are promoting new online resources from the California Commission on the Status of Women and Girls: https://women.ca.gov/californiapayequity/ Read more