Labor and Employment Law Section

ERISA governs all employee benefits provided by most private employers, including pension, health, long-term disability, life insurance benefits, and more. Read more

The scope of domestic violence and sexual violence in the U.S. and California is staggering, and its impact on workers is undeniable. Read more

The California Public Records Act exempts from disclosure “[r]ecords of state agencies related to activities governed by [the Ralph C. Dills Act granting collective bargaining rights to state employees] that reveal a state agency’s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy.” (§ 6254, subd. (p)(1).) Under its plain language and applying the canon of ejusdem generis, the exemption is not limited to documents that reveal an agency’s deliberative processes. The California Department of Human Resources was not required to search the State Controller’s database for CPRA-responsive records because Read more

Hope everyone’s 2023 is off to a good start! I have lots of items to share with you in this month’s message:  Read more

Experienced practitioners will discuss the wide range of new employment legislation including bills which expands pay data reporting and established pay scale disclosures under the Equal Pay Act, amends CFRA to allow an employee to take leave to care for a “designated person”, establishes a right to five days of unpaid bereavement leave, extended COVID Supplemental Paid Sick Leave, created mandatory wage and working conditions for fast food workers, and much more. Read more

This webinar will describe the use of criminal background checks by California employers in compliance with the Fair Chance Act. Our speakers will explore when and what type of criminal background information may be sought and considered in the hiring process. Read more

Code of Civil Procedure sections 1281.97 and 1281.98 provide that if a company or business that drafts an arbitration agreement does not pay its share of required arbitration fees or costs within 30 days after they are due, the company or business is in “material breach” of the arbitration agreement, and an employee or consumer can, among other things, withdraw his or her claim from arbitration and proceed in court. The trial court correctly allowed De Leon’s claims to proceed in court when Juanita’s Foods was late paying arbitration fees because the statutory 30-day deadline is a bright-line rule that does not give the trial court discretion to consider additional factors such as delay or prejudice. Read more

Save the date for the 2023 New Employment Practitioner Conference! We are proud to provide you with two days of fantastic virtual programs and speakers.  Read more

Applying Morgan v. Sundance, Inc. (2022) 142 S.Ct. 1708, the court declined to require a showing of prejudice to establish waiver of the right to arbitrate. Read more

Welcome to the 2022 Advanced Mediation Conference: Practical Skills for Experienced Employment Litigators! We are proud to provide you with two days of fantastic virtual programs and speakers.    Read more