Labor and Employment Law Section

News from the Section 

State Bar SealWe Are Interested In Hearing From You!

The Executive Committee of the Labor and Employment Law Section has launched a Cooperative Law subcommittee. The purpose of the subcommittee is to evaluate the practice and to propose improvements that promote attorney civility, professionalism, efficiency, legal access and satisfaction. In order to obtain feedback from Section members, the subcommittee will email information about an electronic survey to Section members. Surveys may be accessed on the members-only webpage and completed by no later than August 14, 2015.

If you are an active Section member and have not received information about the survey by early July, you may click on the following link, which will take you to the members-only webpage: TAKE THE SURVEY. Sign in is required.

The purpose of the survey is to gather feedback from Section members, which will guide the efforts of the Section’s Cooperative Law subcommittee. Section members who return a completed survey by the deadline may separately request entry in a random drawing. Restrictions and exclusions apply, see the survey for details.

5th Advanced Wage & Hour Conference and 32nd Labor and Employment Law Section Annual Meeting

Annual Meeting and Wage and Hour ConferenceJuly 9-10, 2015
JW Marriott LA Live
900 W Olympic Blvd
Los Angeles, CA 90015

Earn up to 13.75 Hours of CLE Credit

You can now REGISTER ONLINE for this program. For more information, see 5th Advanced Wage & Hour Conference and 32nd Labor and Employment Law Section Annual Meeting.

Webinar: Employment Law 101 For Small Businesses

Friday, August 14 2015, 12 noon- 1:00 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Small employers often lack resources, yet they are expected to fully comply with applicable employment laws. This fast-paced webinar is designed to help small businesses issue spot common issues concerning employee hiring, wage and hour requirements, and EEO compliance, among others.

Speaker: Cara Ching-Senaha, Moscone Emblidge & Otis LLP

Webinar: Labor Law for Employment Lawyers

Tuesday, October 20 2015, 12 noon- 1:15 p.m.

This program offers 1.25 hour participatory MCLE credit. You must register in advance in order to participate.

This webinar will provide an introduction to labor law principles through examination of the most common types of unfair labor practice claims. Our presenters will discuss the elements of each type of claim, available defenses, and the factual scenarios in which these claims arise.

Speaker:

  • Joseph L Paller, Jr., Gilbert & Sackman
  • Erich Shiners, Renne Sloan Holtzman Sakai

Top Two Newly-Published Labor and Employment Cases

  • Young v. United Parcel Service Inc. (United States Supreme Court, March 25, 2015) 2015 DJDAR 3357. The Court held that the McDonnell Douglas framework for individual disparate treatment claims applies to Pregnancy Discrimination Act accommodation cases. To establish a prima facie case, the employee shows she was denied accommodations she sought while others similar in their ability or inability to work were accommodated. The employer then articulates a legitimate business reason other than the expense of adding pregnant women to the categories of accommodated workers. The employee may then show pretext.
  • Department of the California Highway Patrol v. Superior Court (Alvarado) (California Supreme Court, February 26, 2015) 2015 DJDAR 2241. The Court unanimously affirmed the "dual employment" doctrine that two entities can both employ someone and thereby both be liable for the same wrongful act. The Court listed factors to be considered in determining whether a second entity is a dual employer. When the second entity is a government entity, the Court held, statutes authorizing contracting are paramount.

Write for the Labor and Employment Law Review

This month's issue of our Section's Labor and Employment Law Review features the following articles:

  • New Law Targets Sexual Harassment in California Agriculture, by Della Barnett and Meredith Johnson; and
  • When Remote-Work Expenses Must Be Reimbursed Under Labor Code Section 2802, by Sebastian Miller

ARTICLE SUBMISSIONS WELCOME: We encourage you to take a look at our Guidelines and Editorial Policy and to send us your well-researched articles for consideration.

MCLE CREDIT: If you're looking for MCLE credits (including for ethics), consider self-study articles from the Law Review,available here for as low as $15 a credit.

Section Publications on California Public Labor & Employment Law

Our Section published the two definitive treatises on California public sector labor and employment law:

Your Legal Rights

Labor and Employment Law Section on the RadioRadio station KALW and 15 other radio stations regularly broadcast "Your Legal Rights," a show in which callers can ask questions of attorneys with expertise in different areas of the law. Our Section sponsors programs on labor and employment law. Here's what's coming up next:

  • June 24, 7-8 p.m.
    Topic:  Same-sex marriage issues affecting the workplace including issues of employee benefits
    Speakers: Julie Wilensky of Lewis, Feinberg and Clarissa Kang of Trucker, Huss

  • July 29, 7-8 p.m.
    Topic:  Mediation of employment cases
    Speakers:  Mark Rudy, mediator/attorney with the Rudy, Exelrod firm in San Francisco and Lisa Klerman, mediator and director of the ADR Program at USC Law School

Tune into KALW at 91.7 FM for the San Francisco Bay area and on the Internet at www.kalw.org. To see all Labor-related programs in our archive, see Your Legal Rights.

Practice Tips

This month, Practice Tips offers three tips on complying with statutory deadlines.

  • Calendar deadlines promptly, both on paper and electronically. Calendar earlier reminders for important deadlines. When practical, assign more than one person to make sure each deadline is met.
  • A request that the trial court reverse its grant of summary judgment is best made as a motion for a new trial filed after judgment is entered. Judgment is usually entered before a motion for reconsideration can be heard, leaving the trial court without jurisdiction to rule on a motion for reconsideration and with discretion on whether to treat it as a motion for a new trial.
  • Not only must an appeal not be filed late, it must not be filed early. A defendant who filed an appeal from a compensatory damages "judgment," but before a final judgment awarded punitive damages, had his appeal dismissed. Baker v. Castaldi(March 16, 2015) 2015 DJDAR 3087.

Get Online Participatory MCLE Credit from the Labor and Employment Law Section

Your Labor and Employment Law Section offers lots of continuing education about employment discrimination law, as well as many other topics. We have online MCLE you can access any time, day or night, using a handy new webpage organized by category. Click on any of the topics listed below to see what courses your Section offers on that topic:

Case Law Alerts

Have you signed up to receive Labor Case Alerts? These case summaries are being sent to you by the Labor and Employment Law Section, in cooperation with Phyllis Cheng, DLA Piper LLP (US). Section members can sign up through My State Bar Profile.

Section Publications on California Public Labor & Employment Law

Our Section published the two definitive treatises on California public sector labor and employment law:

Follow the Sections and CYLA on Facebook and Twitter and LinkedIn!

https://www.facebook.com/calbarsections http://www.twitter.com/calbarsections LinkedIn Like us on Facebook! Follow us on Twitter.

Social media, anyone? The Sections and the California Young Lawyers Association (CYLA) now have a page on Facebook,Twitter and a new LinkedIn account, where we can keep you up-to-date on our latest news and events.

We're also looking forward to interacting with a wider community and reaching out to people who are not currently members. We invite you to "Like" us and follow our "Tweets." And by the way, the CYLA definition of "young" is any California attorney under the age of 36 or in their first five years of practice.

Contact Us

Labor & Employment Law Section The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2590
FAX 415-538-2368
LaborLaw@calbar.ca.gov