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
Under Labor Code section 1138, no labor organization involved in a labor dispute may be held liable for the unlawful acts of individual officers, members, or agents, “except upon clear proof of actual participation in, or actual authorization of those acts.” The trial court improperly denied a union’s anti-SLAPP motion because the union’s picketing conduct was protected activity and the employer failed to proffer evidence that would clearly prove the union participated in or authorized various unlawful actions by picketers. Read more
The Labor and Employment Law Section is pleased to announce discounted bundle of programming from the 2022 Public Sector Conference. Receive a total of 10 Hours of MCLE for $150! Offer ends September 15, 2022. Read more
California’s Private Attorneys General Act does not violate the separation of powers doctrine by allowing private citizens to seek civil penalties on the state’s behalf without the executive branch exercising sufficient prosecutorial discretion. PAGA is not meaningfully distinguishable from comparable qui tam statutes outside the employment context. Read more
Spring is a time of rejuvenation. Vines spurt new growth, flowers bloom, graduations and weddings are celebrated. This Spring feels particularly hopeful. On May 6, 2022, our Section will host the 2022 Public Sector Conference in San Francisco. This will be our first hybrid conference, and the first educational event at which we will have in-person attendance since 2019. It has been a long two plus years, and while I believe we will continue to incorporate virtual conferences in our regular… Read more