Labor and Employment Law Section

The May 2022 issue of our Section’s California Labor & Employment Law Review will lead off with an article by Michael Robbins and Scott Barer on “Clear and Convincing or Preponderance of the Evidence – What’s a Poor Workplace Investigator to Do?” The piece will address the recent California Supreme Court decision in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022), which set forth the proper method for presenting and evaluating a claim of whistleblower retaliation under Cal. Lab. Code § 1102.5 Read more

Arbitration agreement was procedurally unconscionable because it was presented to Nunez as a nonnegotiable condition of employment, Nunez cannot read English, and the agreement was not explained to him. Read more

This program offers 6.25 Hours of MCLE Credit; Includes 1.25 Hours Recognition and Elimination of Bias Read more

A police officer left his service firearm in his personal vehicle after work. The gun was stolen from the vehicle and shortly thereafter used to kill plaintiff’s son. Summary judgment for the city on plaintiff’s wrongful death claim reversed because, under the doctrine of respondeat superior, a police officer’s negligent handling of a firearm is a foreseeable result of the enterprise of law enforcement. Read more

Come and learn about the different practice areas of interest in Labor and Employment Law! Read more

Welcome to the 2022 New Employment Practitioner Conference! We are proud to provide you with two days of fantastic virtual programs and speakers.    Earn 9.0 Hours MCLE Credit! Topics Include Employment Law 101Wage and Hour BasicsGathering, Evaluating, Preserving, and Presenting Evidence in a Virtual WorldLeave of Absence ComplianceComplying with the NLRAEthics and Bias Registration Fees  Early Bird: $95 Member; $115 Non-Members (ends January 14)Regular: $125 Member; $145 Non-Members    CYLA/Student Rate: $95  Read more

Zamora v. Security Industry Specialists (CA6, filed 9/30/21, pub. ord. 10/29/21 H044008) FEHA Disability Discrimination, Retaliation, Wrongful Termination McDonnell Douglas burden-shifting framework applied to plaintiff’s disability discrimination claim because he presented no direct evidence of discrimination. Triable issue of material fact existed on plaintiff’s disability discrimination claim because a jury could find that the empl Read more

The upcoming November issue of our Section’s Labor & Employment Law Review leads off with an article entitled “Law Enforcement Labor Reform Proposals” by members of the Law Enforcement Study Group, which was formed after the 2020 George Floyd killing to study police reforms. Read more

The holidays are a time to show our gratitude, and, in that spirit, I want to highlight the work of a couple of this Section’s subcommittees. First, the New Employment Practitioner Conference Read more

The Labor and Employment Law Section Advanced Wage and Hour Virtual Conference scholarship application. Read more