California Labor and Employment Law Review

From the Editors: Editorial Policy

The Law Review reflects the diversity of the Section’s membership in the articles and columns we publish. Our resources are you, the readers, so we count on you to provide us with the variety of viewpoints representative of our 7,000+ members. We therefore invite members of the Section and others to submit articles and columns from the points of view of employees, unions, and management. Although articles may be written from a particular viewpoint, whenever possible, submissions should address the existence of relevant issues from other perspectives. The Law Review reserves the right to edit articles for reasons of space or for other reasons, to decline to print articles that are submitted, or to invite responses from those with other points of view. We will consult with authors before any significant editing. Authors are responsible for cite checking and proofreading their submissions. Note that as a contributor of an article selected for publication in the Law Review, you can claim self-study MCLE credit, hour-for-hour, for the time you spend researching and writing the article.

As a rule, we accept only well-researched articles on timely topics. Submissions from third-party public relations or marketing firms will not be considered. Articles should be between 2,000 and 2,500 words. Please follow the style in the most current edition of The Bluebook: A Uniform System of Citation and put all citations in endnotes. Please e-mail your submission to Section Coordinator Lynn Taylor at lynn.taylor@calbar.ca.gov. With your submission, include: (1) a short abstract of your article (no more than 100 words); (2) an article word count; and (3) your current work address, phone number, email address, and CV.

Editor in Chief: Ramit Mizrahi

Executive Editors: Erich Shiners and Cara Ching-Senaha

Managing Editor: David Peyerwold

Editorial Board: Annmarie Billotti, Julia Lapis Blakeslee, Karen Clopton, John Cumming, María Díaz, Dorothy Bacskai Egel, Elizabeth Franklin, Carol M. Gillam, Carol Koenig, Lois M. Kosch, Anthony Oncidi, Tyler M. Paetkau, Patricia C. Perez, Emily Prescott, J. Scott Tiedemann, Mary Topliff and Sharon R. Vinick

Tables of Contents

Contents of recent issues are below. Section members can request a copies of past articles in our Members Only Area.

July 2014
May 2014
March 2014
January 2014

November 2013
September 2013
July 2013
May 2013
March 2013
January 2013

November 2012
September 2012
July 2012
May 2012
March 2012
January 2012

November 2011
September 2011
July 2011
May 2011
March 2011
January 2011

November 2010
September 2010
July 2010
May 2010
March 2010
January 2010

November 2009
September 2009
July 2009
May 2009
March 2009
January 2009

November 2008
September 2008
July 2008
May 2008
March 2008
January 2008

 

November 2007
September 2007
July 2007
May 2007
March 2007
January 2007

October 2006
August 2006
June 2006
April 2006
February 2006

November 2005
September 2005
July 2005
May 2005
March 2005

December 2004
October 2004
August 2004
June 2004
April 2004
February 2004

December 2003
September 2003
August 2003
May 2003
March 2003
January 2003

November 2002
September 2002
July 2002
May 2002
March 2002
January 2002

Winter 2001
Fall 2001
Summer 2001
Spring 2001

Winter 2000
Fall 2000
Summer 2000
Spring 2000

Winter 1999
Fall 1999
Summer 1999
Spring 1999

Fall /Winter 1998
Spring/Summer 1998
Winter 1998

Winter 1997
Summer 1997

Fall 1996
Summer/Fall 1996
Spring/Summer 1996
Spring 1996

July 2014 - Volume 28 No. 4 -- 50th Anniversary of The Civil Rights Act of 1964

Civil Rights at 50
By Eva Jefferson Paterson, Bryan Schwartz, and Danielle Tizol Fong

MCLE Self-Study: Putting Intent in Its Place: A New Direction for Title VII
By Noah Zatz

Employment Law Case Notes
By Anthony J. Oncidi

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

Arbitration, Preemption, and Labor Code § 229
By Joel M. Grossman

NLRA Update
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

May 2014 - Volume 28 No. 3

Laws Governing the Use of English-Only Policies in the Multilingual Workplace
By María G. Díaz

MCLE Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms
By John Cumming

California Employment Law Notes
By Anthony J. Oncidi

Wage and Hour Update
By Steven G. Pearl

Public Sector Case Notes
By J. Scott Tiedemann & Leighton E. Davis

NLRA Update
By Richa Amar & Jonathan Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

March 2014 - Volume 28 No. 2

MCLE Self-Study: The Intersection of No-Fault Attendance Policies and Leave Laws: Perils in Balancing Employee Rights With Employer Attendance Concerns
By Carol Gillam

A Rose Is a Rose Is Not Retaliation: Why Requesting an Accommodation Should Not Be Considered "Protected Activity"
By Matthew R. Jedreski

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

Waiving Arbitration Goodbye: When Does an Employer Waive the Right to Compel Arbitration, and Who Decides?
By Joel M. Grossman

Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele

NLRA Case Notes
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

January 2014 - Volume 28 No. 1

Posted in the Members Only Area

MCLE Self-Study: A New Year Brings New Laws for California Employers, Employees, and Unions
By Michael S. Kalt and David J. Duchrow

What Is Protected Activity Under FEHA and Title VII?
By Mary L. Topliff

The Future of Class Actions in Light of the Supreme Court's Ruling in American Express v. Italian Colors
By Rhett T. Francisco, Trevor R. Hindin, and Andrew J. Sokolowski

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

ADR Update: Are We Still Trying to Figure Out Concepcion?
By Barbara Reeves Neal

Public Sector Case Notes
By Bruce A. Barsook and Leighton E. Davis

NLRA Case Notes
By Richa Amar and Jonathan Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

November 2013 - Volume 27 No. 6

MCLE Self-Study: Experience Pays, but Interns May Have To Be Paid for Their Experience: When Interns Are Covered by Wage and Hour Laws
By Aaron D. Kaufmann & Elizabeth C. Morris

The California Workers' Compensation System: The 100th Anniversary of the Boynton Act
By Peggy Sugarman

California Employment Law Notes
By Anthony J. Oncidi

Wage and Hour Update
By Steven G. Pearl

ADR Update: Challenging Concepcion: Can Section 7 Rights or the Effective Vindication Doctrine Be Used To Bar Class Action Waivers?
By Joel M. Grossman

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

NLRA Case Notes
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Introducing the Labor and Employment Law Section's New Executive Committee Members

Message From the Chair
By Carol Koenig

September 2013 - Volume 27 No. 5
Special Issue: 50th Anniversary of the March on Washington for Jobs and Freedom

The March on Washington
By Karen V. Clopton

Alone at the March
By Prof. Clayborne Carson

A Second 998 Offer Does Not Extinguish the First
By Catherine E. Wise

Class Actions, Class Arbitrations and Private Attorney General Rights -- the Developments Continue
By Barbara Reeves Neal

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

NRLA Case Notes
By Richa Amar & Jonathan M. Cohen

Public Sector Case Notes
By Bruce A. Barsook & Leighton E. Davis

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

July 2013 - Volume 27 No. 4

MCLE Self-Study:
The Best Defense Is a Good Offense: Defending Yourself Through a Comprehensive Wage and Hour Audit

By Patti Perez and Marissa Lyftogt

Reforming Public Pension Reform
By Scott E. Galbreath

California Employment Law Case Notes
By Anthony J. Oncidi

Does the Right to Modify the Handbook Invalidate the Arbitration Clause?
By Joel M. Grossman

NLRA Case Notes
By Jeff Bosley

Wage and Hour Update
By Steven G. Pearl

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Book Review
By Robert Fried

Message From the Chair
By Suzanne Ambrose

May 2013 - Volume 27 No. 3

MCLE Self-Study Credit:
The Mixed-Motive Defense: Mixed Blessings Following the California Supreme Court’s Decision in Harris v. City of Santa Monica?

By Michael E. Whitaker and Andrew H. Friedman

The Workplace Religious Freedom Act: Higher Standards in 2013
By Catherine E. Wise

ADR Developments
By Barbara Reeves Neal

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

Public Sector Case Notes
By Bruce A. Barsook and Leighton E. Davis

NRLA Case Notes
By Richa Amar and Jonathan M. Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

March 2013 - Volume 27 No. 2

MCLE Self-Study:
Ending Disability Discrimination Through Regulation: A Work in Progress

By Dale Brodsky

MCLE Self-Study:
Pregnant With Twins: New Pregnancy Regulations Provide Guidance to Employers & Employees on Equal Treatment & Accommodation

By Ann M. Noel

ADR Report: The Arbitrator’s Right Even if He’s Wrong, Right? Wrong: Richey v. Autonation
By Joel M. Grossman

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Steven G. Pearl

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

NLRA Case Notes
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

January 2013 - Volume 27 No. 1

MCLE Self-Study:
A New Year Means New Employment Laws for California

By Michael S. Kalt, Esq. and David J. Duchrow, Esq.

The Private Attorneys General Act Ten Years Later: Less Than Seismic Effects
By Carol L. Gillam

AB 340 -- Pension Reform for (Most) Public Employees
By Erich Shiners

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

ADR Report
By Barbara Reeves Neal, JAMS, The Resolution Experts

Public Sector Case Notes
By Bruce A. Barsook and
Leighton E. Davis

NLRA Case Notes
By Richa Amar and Jonathan Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

November 2012 - Volume 26, No. 6
Special Issue: Alternative Dispute Resolution

  • MCLE Self-Study: Concepcion and Armendar
    • Goodbye Armendariz, Hello Concepcion: FAA Preemption of State Law Obstacles to Enforcement o f Arbitration Agreements
      By Tyler M. Paetkau and Jay Withee
    • Concepcion Has No Impact on the Application of the Armendariz Factors
      By Barbara Figari
  • The Deconstruction of D.R. Horton
    By Ronald W. Novotny
  • The Hidden Arbitration Clause: Sparks v. Vista Del Mar Child and Family Services
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Steven G. Pearl
  • Public Sector Case Notes
    By Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeff Bosley
  • Labor & Employment Law Section Recognizes The Hon. Marsha S. Berzon For Outstanding Accomplishments in Labor& Employment Law
    By Eileen B. Goldsmith
  • Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond
    Book Review by Mary L. Topliff
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Introducing New Executive Committee Members
  • Message From the Chair
    By Suzanne Ambrose

September 2012 - Volume 26 No. 5

  • MCLE Self-Study: The Unclean Hands and After-Acquired Evidence Defenses
    By Bryan Schwartz and Baldwin Lee
  • You Can Never Be Too Graphic in Mediation: How to Create Infographics to Maximize the Mediation of Your Employment Case
    By Morgan C. Smith
  • ADR Developments
    By Barbara Reeves Neal
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook& Connie C. Almond
  • NLRA Case Notes
    By Richa Amar and Jonathan M. Cohen
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Phyllis Cheng: Public Lawyer of the Year
    By Tony Skogen
  • Message From the Chair
    By Timothy G. Yeung

July 2012 - Volume 26 No. 4

  • Brinker v. Superior Court
    • Takeaways for California Workers
      By Kimberly A. Kralowec
    • Implications for Employers
      By Rex Heinke and Damien DeLaney
  • A Historic Message for Change: Anatomy of a $167 Million Single-Plaintiff Employment Verdict
    By Lawrance A. Bohm
  • MCLE Self-study: Enforceability of Nonsolicitation Clauses in California
    By Wendy Thomas and Laurence Berman
  • Who Decides Unconscionability: the Arbitrator or the Court?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Steven G. Pearl
  • Public Sector Case Notes
    By Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung

May 2012 - Volume 26 No. 3

  • MCLE Self-Study: Social Media and the National Labor Relations Act
    By Mori Pam Rubin
  • Farms and Factories: A Modern View of the Administrative/Production Worker Dichotomy
    By Blake R. Bertagna
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Updates from the World of ADR
    Barbara Reeves Neal
  • NRLA Case Notes
    By Richa Amar& Jonathan M. Cohen
  • Wage and Hour Case Notes
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Connie C. Almond
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung
  • 2012 Educational Seminars Calendar

March 2012 - Volume 26 No. 2

  • Rulemaking and Mediating at the Department of Fair Employment and Housing
    By Annmarie Billotti
  • MCLE Self-Study: Evaluating Pyett -- Hardly a “Clear and Unmistakable” Impact
    By Emma Leheny and Jacob Rukeyser
  • Is Staying at Work an Agreement to Arbitrate? Bayer v. Neiman Marcus Holdings, Inc.
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Case Notes
    By Steven G. Pearl
  • Public Sector Case Notes
    By Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung
  • 2012 Educational Seminars Calendar

January 2012 - Volume 26 No. 1

  • MCLE Self-Study: A New Governor and a New Year Mean Many New Laws for California Employers and Employees
    By Michael S. Kalt, Esq.& David J. Duchrow, Esq.
  • Mandatory Fact-Finding Under the Meyers-Milias-Brown Act
    By Emily Prescott
  • A Practical Overview of the State Personnel Board’s New Regulations
    By Jason Krestoff
  • Ping Pong, Anyone? Draft Your Arbitration Clause to Avoid Bouncing Between Forums
    By Barbara Reeves Neal
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Case Notes
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook& Connie C. Almond
  • NLRA Case Notes
    By Richa Amar& Jonathan M. Cohen
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung
  • 2012 Educational Seminars Calendar

November 2011 - Volume 25 No. 6
Special Issue: California Women’s Suffrage Centennial and the Labor Movement

  • Celebrating the Centennial of Women’s Suffrage in California
    By Karen V. Clopton
  • “To Secure the Labor Vote:” The Wage Earners’ Suffrage League and the 1911 Push for Suffrage in San Francisco
    By Susan Englander
  • Woman Lawyer: The Trials of Clara Foltz by Barbara Babcock
    Book Review by Mary L. Topliff
  • MCLE Self-Study: Challenging AT&T Mobility LLC v. Concepcion: Can PAGA or the NLRA Avoid the Supreme Court’s Decision?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    by Steven G. Pearl
  • Public Sector Case Notes
    By: Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Introducing the Labor and Employment Law Section’s New Executive Committee Members
  • Message From the Chair
    By Timothy G. Yeung

September 2011 - Volume 25 No. 5

  • MCLE Self-Study: Harmonization and “Gap Filling”: 10 Years of the MMBA at PERB
    By Timothy G. Yeung & Erich Shiners
  • Lawful and Effective Use of a Human Resources Expert Witness
    By James J. McDonald, Jr.& Charles A. Conine, SPHR
  • Drafting Class Action Waivers in the Wake of AT&T Mobility v. Concepcion
    By Barbara A. Cotter
  • Have You Googled Your Arbitrator Today?
    By Barbara Reeves Neal& Hon. Richard C. Neal (Ret’d.)
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Stewart Weinberg& Kerianne Steele
  • NLRA Case Notes
    By Jonathan Cohen& Richa Amar
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

 July 2011

  • MCLE Specialty Credit in Ethics: Attorneys Conducting Workplace Investigations:
    Avoiding Traps for the Unwary

    By Lindsay E. Harris and Mark L. Tuft
  • When a Discharged Employee Claims Discrimination, Will the “Cat’s Paw” Doctrine
    Overcome Evidence That the Decision-Maker Harbored No Discriminatory Bias?

    By Andrew H. Friedman & Michael E. Whitaker
  • Big News in Arbitration: Sonic-Calabasas v. Moreno and AT&T Mobility v. Concepcion
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Michael D. Singer & Jeff Geraci
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

 May 2011

  • MCLE self-study: The Impact of Chapter 11 Bankruptcies on Wage and Hour Class and Collective Actions
    By Patricia Prince & Elizabeth Franklin
  • MCLE Specialty Credit in Ethics: Attorney-Client Communications Lose Privileged Status - On Client Work Computers and at Your Local Coffee Shop
    By Anne Giese
  • To Sell or Not to Sell: Commission-Compensable Tasks in California
    By John P. Martin
  • Mediation Confidentiality After Cassel: Is Everything Confidential?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Frances E. Rogers
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng

 March 2011

  • Mcle self-study: An Introduction to the Basics of Employment Practices Liability Insurance
    By John Barber
  • California Supreme Court Hands Down Victory for Employers in Tip Pooling Cases
    By Tracey Kennedy & Mathew Tobias
  • Class Action Waivers in California After Stolt-Nielsen
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Michael D. Singer
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • A Phoenix Rises from the Budgetary Ashes
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

January 2011

  • MCLE Self-Study: Applying the Same- Actor Rule to Defend Against a Claim of
    Discrimination

    By Andrew H. Friedman & Michael E. Whitaker
  • New Labor & Employment Laws for 2011
    By Erich Shiners & Michael S. Kalt
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Connie Almond
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

November 2010

  • City of Ontario v. Quon: Evolution of a Narrowly-Decided Landmark Ruling
    By Kent L. Richland
  • MCLE Self-Study: California Supreme Court Clarifies the Definition of “Employer” in Minimum Wage Actions
    By Terry O’Connor & Effie Anastassiou
  • Gateway Issues in Arbitration
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Michael Singer
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

September 2010

Special Issue: Disability Discrimination Law

  • MCLE Self-Study: When the FEHA and the Labor Code Collide: Practical Tips for Reconciling California’s Disability Accommodation and Workers’ Compensation Requirements
    By Daniel A. Ojeda
  • It Takes Two To Tango: The Interactive Process Dance
    By Patricia C. Perez
  • Navigating Employment Issues for Individuals with Cancer
    By Dianne Prado
  • Pearson Dental Supplies, Inc.: An Exception That Will Swallow the Rule?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Connie C. Almond
  • NLRA Case Notes
    By Jeffery S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

July 2010

75th Anniversary of Naional Labor Relations Act Issue

  • The National Labor Relations Act at 75
    By Peter C. Schaumber
  • MCLE Self-Study: The Steelworkers Trilogy at Fifty Years: Judicial Authority vs. Private Adjudication of Labor-Management Disputes
    By Barry Winograd
  • National Labor Relations Act History-Makers
    By John Higgins
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Sarah Beard & Sheena Wadhawan
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

May 2010

  • Planning for the Wage and Hour Class Action Mediation
    By Peter Rukin and Jeff Grube
  • MCLE Self-Study: Tip-Pooling or Tip- Allocation? How the Law Applicable to Tip Policies Evolved in 2009
    By George W. Abele & Katherine C. Huibonhoa
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Is One Deposition Enough? Limitations on Discovery in Arbitration Clauses
    By Joel M. Grossman
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie C. Almond
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

March 2010

  • Fear the Tweet! Online Social Networking in the Workplace and the Courtroom
    By Sascha M. Gleckler
  • Workers’ Compensation and You: A Primer for Employment Attorneys
    By Barry Lesch
  • Employment Law Case Notes
    By anthony J. Oncidi
  • Wage and Hour Update
    By Sarah Beard and Sheena Wadhawan
  • Public Sector Case Notes
    By Stewart weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis w. Cheng
  • Book Review
    By Patti R. Roberts
  • Sleeping With the Enemy?
    By Kerri N. Spragan
  • Message From the Chair
    By Patti Perez

January 2010

  • Hidden Cameras in the Workplace: Hernandez v. Hillsides and the Permissible Scope of Employee Surveillance
    By Laura Wilson Shelby and Holger G. Besch
  • New Labor & Employment Laws for 2010
    By Michael S. Kalt and Erich Shiners
  • Specialty Credit MCLE Self-Study Mediation Ethics
    By Michael Marcus
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Enforcing—or Opposing— Arbitration Clauses in Employment Agreements
    By Joel M. Grossman
  • NLRA Case Notes
    By Jeff S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Civil Rights Legends and Pioneers Honored at State Bar Annual Meeting
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

November 2009

  • Has Judicial Activism Motivated the George Court's Interpretation of the FEHA? The Answer Depends on How You Define “Judicial Activism” and Whom You Ask
    By Noah D. Lebowitz and Michael E. Whitaker
  • MCLE Self-Study - Ricci: The Title VII Conundrum
    By Elizabeth A. Franklin and Patricia Prince
  • California Supreme Court Expands the Boundaries of Employment Class Actions
    By Scott Dunham & Ryan Rutledge
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Introducing New Members
  • Message From the Chair
    By Patti Perez

September 2009

  • MCLE Self-Study Celebrating 50 Years of Fair Employment Laws in California: “The Real and Earnest Journey Into Equality and Freedom for All”
    By Nikki Hall
  • FEHA History-Makers
    By Phyllis W. Cheng
  • No Mixed-Motive Instructions in ADEA Cases . . . At Least for Now
    By Michael S. Kalt and Lois M. Kosch
  • FEHA by the Numbers: Preview of a Forthcoming Study
    By Gary Blasi and Joseph Doherty
  • SPECIALTY CREDIT MCLE Self-Study Eliminating Bias in the Legal Workplace and Beyond
    By Karen V. Clopton
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce Barsook and Connie M. Chuang
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Karen Valentia Clopton

July 2009

  • California Layoff Basic - Two Perspectives
    Annmarie Billotti, Anna Segobia Masters & Benjamin Ikuta
  • MCLE Self-Study: The Pyett Decision: A Major Shift in Doctrine, but Limited Impact
    By Barry Winograd
  • California Supreme Court Clarifies When State Civil Service Employees May File a Whistleblower Complaint
    By Bruce Monfross
  • When the FEHA and Arbitral Statutes of Limitation Collide: Pearson Dental Supplies, Inc.
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Karen Valentia Clopton

May 2009

  • MCLE Self-Study: The California Supreme Court Confirms in Spielbauer v. County of Santa Clara That Public Employers May Dismiss Public Employees for Refusing to Answer Questions Posed During Administrative Interviews
    By Lori E. Pegg and Marcy Berkman
  • When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Job's Essential Functions? A Cautionary Tale
    By Tyler Paetkau
  • Scope of Prevailing Wage Law Expanded in 2008
    By Dennis Cook
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Karen Valentia Clopton

March 2009

  • MCLE Self-Study: Religious Accommodation in California: How the Fair Employment and Housing Act Protections Compare to Title VII
    By Alan J. Reinach
  • An Overview of the New FMLA Regulations
    By Jamerson C. Allen
  • Equitable Tolling of the FEHA Statute of Limitations
    By Christopher Brizzolara, Gregory W. Smith, Bradley C. Gage, & Douglas G. Benedon
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard and Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • NLRA Case Notes
    By Jean Shin
  • When a Settlement Is Not Really a Settlement: Kullar v. Foot Locker Retail, Inc.
    By Joel M. Grossman
  • Cases Pending Before the California Supreme Court
    By phyllis w. Cheng
  • Book Reviews
    By Patti R. Roberts
  • Message From the Chair
    By karen Valentia Clopton

January 2009

2009 CIVIL RIGHTS YEAR
The State Bar Labor & Employment Law Section has joined with the California Department of Fair Employment & Housing to celebrate the FEHA's half-century mark. Throughout 2009, look for articles and special features in each issue of the Law Review with a special focus on the FEHA.

  • Fitness-for-Duty Examinations: Assessing the Legal Rights and Obligations under the Fair Employment and Housing Act and Related Laws From the Employer and Employee Perspectives
    By Mary L. Topliff, Esq., and Angela K. Perone, Esq.
  • MCLE Self-Study California Restrictive Employment Covenants After Edwards
    By James Pooley, Esq. and Professor Mark Lemley
  • New Labor and Employment Laws for 2009
    By Michael S. Kalt and Erich Shiners
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie M. Chuang
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message From the Chair
    By Karen Valentia Clopton

November 2008

  • The Employee Free Choice Act:
    • Why We Need It
      By B.J. Chisholm and Scott Kronland
    • Why We Don't
      By George S. Howard, Jr.
  • Miklosy v. Regents of the University of California: The California Supreme Court Confronts the Whistleblower Protection Act
    By Dennis Peter Maio and Paul D. Fogel
  • MCLE Self-Study
    Fired on the (Hot) Spot? How California's Right to Privacy May Protect Employees From
    Blog-Based Termination
    By Paul Christopher E. Torio
  • Introducing the Labor and Employment Law Section's New Executive Committee Members
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Reaching Excellence and Integrity Together: An Introduction of the New Chair of the State Bar's Labor & Employment Law Executive Committee

September 2008

  • Application of the FMLA/CFRA Medical Certification Process for an Employee's Serious Health Condition After Lonicki v. Sutter Health Central
    By Elizabeth Kristen
  • Lonicki v. Sutter Health Central: A Perspective From the Management Trenches
    By Judith Droz Keyes
  • Legal Challenges Raised by Employer-Mandated Wellness Programs
    By Theodora R. Lee
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie M. Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jeff Bosley
  • Wage and Hour Update
    By Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair
    By Phil Horowitz

July 2008

  • Clear Sailing: Choice of Law in Cross-Border Employment Agreements
    By Ariel D. Weindling, Esq.
  • MCLE Self-Study Jones v. The Lodge at Torrey Pines: California Supreme Court Rejects
    Personal Liability for Retaliation Claims
    By Regina A. Petty and Michael S. Kalt
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Book Review
    By Patti R. Roberts
  • Message from the Chair
    By Phil Horowitz

May 2008

  • How Those Jerks at Work Create Liability Problems for Employers
    By Emily Prescott & Genevieve Ng
  • MCLE Self-Study: Employers Not Required to “Accommodate” Employees' Medical Marijuana Use
    By D. Gregory Valenza
  • The Impact of Limiting Workforce-Wide Lawsuits on Low-Wage Workers
    By Julie Montgomery
  • U.S. SupremeCourt Insists that “Me Too” Evidence BeConsidered on a Case-by-Case Basis
    By Doug Dexter & Diego Acevedo
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Alan Berkowitz and Dan Feldstein
  • Wage and Hour Update
    By Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Practical Ways to Deal With Workplace Bullies
    By Patricia C. Perez, Esq., SPHR
  • Message from the Chair
    By Phil Horowitz

March 2008

  • MCLE Self-Study: The Employment Lawyer's Guide to California Anti-slapp Law
    By Benjamin G. Shatz and Cameron Fredman
  • The NLRB and California Supreme Court Provide Important Guidance Concerning Interplay Between Property and Speech Rights
    ByJeffrey S. Bosley and Nicole Friedenberg
  • A Matter of Logic—California Supreme Court Says a Plaintiff Must Show Ability to Perform Essential Duties in Green v. State of California
    By Michelle Logan-Stern
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • ADR Case Notes
    By Steven H. Kruis, Esq.
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair
    By Phil Horowitz

January 2008

  • Labor and Employment Law—The Next Twenty-five Years
    By Honorable Joseph Grodin
  • MCLE Self-Study Family Responsibilities Discrimination: What Employers Need to Know RIght Now
    By Margaret E. Murray
  • Gentry v. Circuit City: California Supreme Court Holds Class Action Waivers Are Subject to Scrutiny
    By Matthew Righetti and Erin Winters
  • Prachasaisoradej v. Ralph's Grocery: Profit-Based Incentive Plans Given the Green Light
    By Daniel Gonzalez
  • A Clash of Fundamental Rights: Redefining Peace Officer Privacy Rights Through the California Public Records Act
    By Michael E. Whitaker and Tyler Clark
  • Labor & Employment Law Section Survey Results
    By Karen V. Clopton
  • Out With the Old, in With the New: New Laws for 2008
    By Michael S. Kalt, Tessa P. Yutadco and Erich W. Shiners
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie M. Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Alan Berkowitz and Daniel Feldstein
  • ADR Case Notes
    By Steven H. Kruis, Esq.
  • Wage and Hour Update
    By Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • 2008 Program Update
  • Book Review
    By Patti R. Roberts

November 2007

  • Navigating the Minefield: What Employment Litigators Should Know When Their  Clients or Clients' Adversaries File Bankruptcy
    By Theodore A. Cohen, Esq.
  • MCLE Self-Study: New FEHC Regulations Interpret Sexual Harassment Training Law
    By Ann M. Noel
  • San Francisco's Paid Sick Leave Ordinance
    By Nancy G. Berner
  • Grievance Mediation 101
    By Paul D. Roose
  • Introducing the Labor And Employment Law Section's New Executive Committee Members
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • ADR Case Notes
    By Michael S. Kalt
  • Wage & Hour Update
    By Donna Ryu, Sara Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair
    By Phil Horowitz

September 2007

  • Twenty-Five Years of Wrongful Termination Law—The Legacy of Tameny v. Atlantic Richfield Co.
    By Barbara Cotter
  • In the Beginning . . . The Birth of the Labor and Employment Law Section
    By John Cumming and Bruce Barsook
  • How Might Ledbetter v. Goodyear Impact California Law?
    By Mary L. Topliff
  • California Wage and Hour Law—A Twenty-Five Year Trajectory
    By Miles Locker
  • Due Process in Public Employment: Thirty-Two Years After Skelly v. State Personnel Board
    By Kathy E. Mount
  • The State of the Union: A Profile of Union Membership in Los Angeles, California, and the United States
    By Ruth Milkman and Bongoh Kye
  • Public Sector Case Notes
    By Connie Chuang and Bruce Barsook
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Alan Berkowitz and Dan Feldstein
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Book Review
    By Patti Roberts

July 2007

  • California Supreme Court Says Meal and Rest Payments Are Wages, Not Penalties, in Murphy v. Kenneth Cole Productions, Inc.
    By Sarah Beard, Matthew Goldberg, and Donna Ryu
  • You Can't Stop Love: Managing Workplace Romance
    By Timothy Yeung
  • MCLE Self-Study Saints and Sinners in the Workplace: A Survey of Religious Accommodation Cases
    By Andrew H. Friedman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Case Notes
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Public Sector Case Notes
    By Connie Chuang, Bruce Barsook, and Stewart Weinberg
  • ADR Case Notes
    By Michael S. Kalt
  • NLRA Case Notes
    By Alan Berkowitz and Daniel Feldstein
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test

May 2007

  • Decision Holding the NLRA Applicable to Tribal Commercial Enterprises Leaves Many Unanswered Questions
    By Joseph Turzi and Gary Moss
  • Labels Versus Reality: When Is A Partner Really An Employee?
    By Tyler M. Paetkau
  • AFTER FAIR v. BAKHTIARI: Sealing the Deal in Mediation
    By Barry Winograd
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Wage & Hour Update
    By Tony Skogen
  • MCLE Self-Assessment Test
  • Update - Status of Fair Employment and Housing Commission Sexual Harassment Training Regulations
    By Ann M. Noel

March 2007

SPECIAL PUBLIC SECTOR ISSUE

  • MCLE Self-Study Claremont Police Officers Association v. City of Claremont: The California Supreme Court Reaffirms the Existence of Management Rights
    By Charles Sakai and Emily Prescott
  • Diversity Without Discrimination, or How to Reconcile Proposition 209 and Title VII: California Supreme Court Gives Leeway to Government Employers and Does Not Defer to Interest Arbitration
    By Linda M. Ross
  • Using the Computer Fraud and Abuse Act in Employment Cases
    By Paul S. Chan and John K. Rubiner
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • ADR Case Notes
    By Michael S. Kalt
  • Wage And Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • New Member Benefit: Case Law Alerts
  • Message from the Chair A Bit of Cap-Doffing to Our Public Sector Colleagues
    By Wendy Rouder

January 2007

  • California Supreme Court Shuts the Dore on Ambiguity In “At-Will” Employment Agreements— Less Might Be More
    By Gregory M. Bergman
  • MCLE Self-Study: “When Johnny (and Jenny) Come Marching Home Again, Hurrah! Hurrah! . . .They'll be Protected by USERRA, Hurrah! Hurrah!”
    By Michael S. Kalt, Esq.
  • Department of Labor Seeks Public Comment on Family Medical Leave Regulations in Connection With Possible Rule Revision
    By Lois M. Kosch
  • Don't Fall into an Employment Tax Liability Trap: A Survey of California Law
    By John A. Vogt, Esq.
  • Sometimes, More is Just More—Make Your Next Labor Arbitration More Efficient With These Insider Insights
    By Margaret Brogan and Barry Winograd
  • New Year, New Laws: Changes to the California Employment Landscape for 2007
    By Shane K. Anderies and Cara Ching-Senaha
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair: Take a Transsexual Lawyer to Lunch
    By Wendy Rouder

October 2006

  • Garcetti v. Ceballos: Clarifying the Constitutional Dimensions of Public Employee Speech
    By Jin S. Choi
  • Navigating Uncertainty: An Inside Look at the ADA and FEHA Disability Requirements
    By Daniel A. Ojeda
  • Not Just a Matter of Chromosomes: A Comparison of Protections for Transgender Individuals under Title VII and the FEHA
    By Tzu Chuan Teng
  • Introducing the Labor and Employment Law Section's NEW Executive Committee Members
  • A Tale of Two Cases: Jenkins v. County of Riverside
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Emma Leheny
  • Wage and Hour Case Notes
    By Donna Ryu, Sarah Beard & Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message from the Chair
    By Wendy Rouder

August 2006

  • MCLE Self-Study: “So This Guy Walks Into a Bar . . . .”: Dirty Jokes and Vulgar Language in the Workplace After the California Supreme Court's “Friends” Decision
    By Adam Levin and Taylor Ball
  • Organizing Silicon Valley's High-Tech Workers
    By David Bacon
  • The Adverse Impact of Work Visa Programs on Older U.S. Engineers and Programmers
    By Norman S. Matloff, Ph.D.
  • The Economics of Outsourcing
    Benjamin Powell, Ph.D., and Matt Ryan
  • Book Review: Employment Practices in the Digital Gaming Industry
    By Phyllis W. Cheng
  • Employment Law Notes
    By Anthony J. Oncidi
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    By Connie Chuang
  • U.S. Supreme Court Employment Decisions
    By the Editors
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message from the Chair
    By Tony Skogen

June 2006

  • MCLE Self-Study A 10-Year Retrospective of Significant Cases under the FEHA
    By Gregory J. Fisher and Annmarie Billotti
  • Message from the Chair
    By Tony Skogen
  • Representing Immigrant Workers
    By Della Bahan and Puja Batra
  • Evidence Code Section 1106 Bars Evidence of Sexual Conduct—Except When It Permits It
    By Phillip R. Maltin
  • Book Review
    By Patti R. Roberts
  • Employment Law Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Emma Leheny
  • Public Sector Case Notes
    By Stewart Weinberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng

April 2006

  • MCLE Self-Study: Social Security Administration No-Match Letters and Collective Bargaining Agreements
    By Monica T. Guizar and Marielena Hincapíe
  • Howard Stern's Lessons for Lame Duck Employees
    By Robert S. Nelson, Esq.
  • Rethinking Individual Liability and “Adverse Employment Actions” After Yanowitz v. L'Oreal, Inc.
    By Ronald W. Novotny
  • Supreme Court Upholds SPB's Exclusive Jurisdiction Over State Civil Service Disciplinary Actions
    By Dorothy Bacskai Egel and Elise S. Rose
  • Unilateral Implementation of Terms and Conditions of Employment: Public Employers' Rights and Limitations
    By Bruce A. Barsook*
  • Employment Law Notes
    By Anthony J. Oncidi
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    By Jill Babbington
  • Book Review
    By Patti R. Roberts
  • Book Review
    By David Borgen
  • ADR Case Notes
    By Lois M. Kosch
  • MCLE Self-Assessment Test

February 2006

  • MCLE Self-Study
    SUMMARY JUDGMENTS RECONSIDERED: The California Supreme Court Resolves a Conundrum
    by Phyllis W. Cheng
  • Motions for Summary Judgment: Practical Tips for Defense Counsel in an Employment Discrimination Case
    by Michael S. Kalt and Hugh Kim
  • Guidelines for Opposing Summary Judgment in California
    by Maria Diaz
  • MCLE Self-Assessment Test
  • New California Employment Laws for 2006: The Legislature Takes a Breather
    by D. Gregory Valenza and Cara Ching-Senaha
  • FEHC Regulations
    by Jo Anne Frankfurt
  • Employment Law Notes
    by Anthony J. Oncidi
  • Public Sector Case Notes
    by Stewart Weinberg
  • EEO Case Notes
    by Donna M. Ryu
  • NLRA Case Notes
    By Emma Leheny
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Book Review
    by Carol Vendrillo
  • Message from the Chair
    by Tony Skogen

November 2005

  • Seniority Can't Trump Merit—Preserving A Fair, Merit Based Selection Process For California's State Civil Service
    by Dorothy Bacskai Egel and Elise S. Rose
  • Message from the Incoming Chair
    by Tony Skogen
  • New Executive Committee Members
  • When Two Social Goals Collide: The Rights and Responsibilities of Employers, Employees and Job Applicants in Light of California's Updated Megan's Law
    By John Crowder
  • Employment Law Notes
    By Anthony J. Oncidi
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • EEO Case Notes
    By Joseph H. Duff
  • Public Sector Case Notes
    By Jill Babington
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test

September 2005

  • California Mandates Sexual Harassment Training of Supervisors
    by Anthony J. Oncidi
  • Message from the Outgoing Chair
    by Toni J. Jaramilla
  • The Impact of Jackson v. Birmingham Board of Education on Laws Governing California's School Employees
    by Erich Shiners
  • Offshore Outsourcing and Worker Rights
    by Theodore J. St. Antoine
  • The Non-statutory Labor Exemption to the Antitrust Laws: Its Development and Contemporary Application
    by Olivia W. Karlin
  • Reassessing Individual Liability for Retaliation under FEHA in Light of McClung v. Employment Development Department
    by Michael S. Kalt
  • The California Supreme Court Overturns Practice of the Public Employment Relations Board Applying a Three Year Statute of Limitation to Unfair Labor Practice Charges Filed Under the Meyers-Milias Brown Act
    by Lisa Garvin Copeland
  • Book Review
    by Patti Roberts
  • Book Review
    by Wendy P. Rouder
  • Employment Law Notes
    by Anthony J. Oncidi
  • NLRB Case Notes
    by Emma Leheny
  • Public Sector Case Notes
    by Stewart Weinberg and Anne Yen
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • MCLE Self-Assessment Test

July 2005

Volume 19, No. 3

  • Employment Law Class Actions: The Latest Developments and Trends
    by Joan B. Tucker-Fife and Tyler M. Paetkau
  • Prisoners of Hope: Welfare to Work in Los Angeles
    by Daniel Flaming
  • Book Review of Litigating Employment Discrimination Cases by Andrew Friedman
    by Patti R. Roberts
  • California Employment Law Notes
    by Anthony J. Oncidi
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • NLRB Update
    by Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    by Jill Babington and Michael Blacher
  • EEO Case Notes
    by Theresa Tracy

May 2005

Volume 19, No. 2

  • Down the Rabbit Hole: California Courts Turn Arbitration Upside Down
    by Henry M. Willis
  • New Board Members
  • Navigating the Rough Seas of Affirmative Action in Employment in the Wake of California's “Proposition 209”
    by Jordan T.L. Halgas, J.D.
  • Under New Leadership, the Department of Fair Employment and Housing Looks to the Future
    by Janie Hickok Siess
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • NLRA Case Notes
    by Emma Leheny
  • Public Sector Case Notes
    by Stewart Weinberg
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Legislature Moves to Increase Importance of DLSE Hearings
    by Jon-Erik G. Storm

March 2005

Volume 19, No. 1

  • The Increasing Use of California's Unfair Competition Law in Wage & Hour Litigation and a Wide Variety of Other Employment Cases
    by Julia Lapis Blakeslee
  • Message from the Chair
    by Toni J. Jaramilla
  • WAGE AND HOUR UPDATE
    by Tony Skogen
  • California Employment Law Notes
    by Anthony J. Oncidi
  • EEO CASE NOTES
    by Teresa Tracy
  • NLRB Case Notes
    by Tyler Paetkau, Alan Berkowitz, and Dan Feldstein
  • PERB Case Notes
    by Stewart Weinberg
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Book Review
    by Patti R. Roberts

December 2004

Volume 18, No. 6

  • Buckle Up: New Law Creates Mandatory Sexual Harassment Training in California
    by Matthew Goodin
  • Comments from the Chair
    by Toni J. Jaramilla
  • Message from Outgoing Chair
    by Tyler M. Paetkau
  • Garment Workers and Community Groups Sue Sweatshop Owners for Unpaid Wages, Penalties and Damages
    by Doris Ng
  • Entering the Labyrinth of Pregnancy Leave Laws
    by Nate Kowalski and Adriana Cara
  • Plaintiffs' Perspective on Alch v. Superior Court and Brooks v. William Morris Agency
    by Jocelyn D. Larkin
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • Recent Amendments to the Fair Employment and Housing Act
    by Joanne Frankfort
  • NLRA Case Notes
    by Emma Leheny
  • Public Sector Case Notes
    by Steven M. Kroll and Michael Blacher
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

October 2004

Volume 18, No. 5

  • A Deceptively Simple Decision: Employer Liability in California for Supervisory Sexual Harassment after McGinnis
    by Joy Jaeger
  • Sav-On Drugs Decision: California Supreme Court Reaffirms Trial Court's Power to Decide Whether A Class Action Should Be Certified
    by Thomas Kaufman
  • Benefit Fund Litigation in the Southern California Supermarket Strike
    by Michael D. Four and Henry M. Willis
  • Superior Court Rejects Constitutional Challenge to Living Wage Ordinance
    by Eileen Goldsmith
  • NLRB Strips Graduate Student Employees at Private Universities of Collective-Bargaining Rights
    by Bernhard Rohrbacher
  • California Legislative Report
    by Sam McAdam
  • Employment Law Notes
    by Anthony J. Oncidi
  • Alch v. Superior Court: Court of Appeal Reinstates TV Writers' Age Discrimination Cases Against Studios, Networks, and Agents
  • EEO Case Notes
    by Teresa Tracy
  • Public Sector Case Notes
    by Stewart Weinberg and Anne I. Yen
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

August 2004

Volume 18, No. 4

  • Separation Anxiety: What an Employer and an Employee Need to Know When the Employee Starts a Competing Company
    by Stephen P. Wiman
  • Employer-Paid Health Care for Retirees: Goodwill Evolving Into Contractual Liability?
    by Jaime M. Gher
  • Premium Overtime Pay for Attorneys?
    by Robert A. Jones
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • ADR Case Notes
    by Lois M. Kosch
  • Public Sector Case Notes
    by John R. Yeh and Neha M. Sampat
  • NLRB Developments
    by Tyler Paetkau, Alan Berkowitz, and Daniel Feldstein
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Excerpts from Wal-Mart Stores Class Certification Decision

June 2004

Volume 18, No. 3

  • Applying an Old Statute to New Technologies in the Workplace: An Employer Perspective of the Issues
    by Victor Schachter
  • A Union Perspective: The Challenge of Applying the NLRA to New Technologies in the Workplace
    by Stacey Leyton
  • Incentive Awards to Class Representatives in Class Action Settlements
    by Jocelyn D. Larkin
  • The Cargill Decision–What Does It Mean for California Employers?
    by Mark H. Meyerhoff
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa Tracy
  • Public Sector Case Notes
    by Martin Fassler
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

April 2004

Volume 18, No. 2

  • New Immigrant Farm Worker Bill Balances Interests of Growers and Workers
    by Douglas Elliott
  • From the Chair
    by Tyler M. Paetkau
  • Applying the Overtime Rules: Are “Commissioned” In-House Mortgage Originators and Other Mortgage Company Employees Entitled to Overtime Pay?
    by Mark R. Thierman
  • Case Commentary: Jalali v. Root -- What Is the Measure of Damages for Bad Tax Advice?
    by Theda “Teddy” Snyder
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • Public Sector Case Notes
    by Stewart Weinberg and Anne I. Yen
  • NLRA Case Notes
    by Emma Leheny
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Book Review: White-Washing Race, The Myth of a Color-Blind Society by Michael K. Brown, Martin Carnoy, Elliott Currie, Troy Duster, David B. Oppenheimer, Marjorie M. Shultz and David Wellman
    by Patti R. Roberts

February 2004

Volume 18, No. 1

  • Enforcing Living Wage Ordinances in California
    by Eileen B. Goldsmith
  • Managing Suspected Abuse of Family and Medical Leave
    by Rod M. Fliegel and Andrea Kelly-Smethurst
  • Just Apply Yourself: A Plaintiff's Failure to Apply in Failure to Hire or Promote Claims
    by Mathew Goodin
  • Advocates Invited to National Academy of Arbitrators Annual Meeting in Las Vegas
    by Frank Silver
  • Employment Law Notes
    by Anthony J. Oncidi
  • ADR Case Notes
    by Lois M. Kosch
  • Public Sector Case Notes
    by Daniel A. Ojeda* and Neha M. Sampat
  • A Busy Year in Employment Law A Look Back at the Year's Decisions on Enforcement of Arbitration Agreements
    by Martin Fassler, Managing Editor
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • A Perspective on the New Affirmative Defense To Damages for Supervisor Sex Harassment
    by Shelley A. Gregory and Patricia A. Shiu

December 2003

Vol. 17, No. 6

  • Governor Davis Goes Out With a Bang!
    by Sam McAdam and Steve Greene
  • Ask the Arbitrator: Troubleshooting Tips for Labor and Management Advocates
    by Ornah Becker
  • Post-War Reconstruction: Dealing With Employees Returning From Military Leave
    by Helen Cicino Carasso and Andrew J. Jaramillo
  • California Employment Legislation Update - October 2003
    by Sam McAdam and Steve Greene
  • NLRA Case Notes
    by Emma Leheny
  • Public Sector Case notes
    by Stewart Weinberg and Anne I. Yen
  • New Officers and Members of the Section's Executive Committee
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa Tracy
  • Book Reviews
    by Phyllis W. Cheng
    [Reviewed: The Majesty of the Law: Reflections of a Supreme Court Justice by Sandra Day O'Connor and How ADR Works, ABA Section of Labor and Employment Law, Norman Brand, Editor]
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

September 2003

Vol. 17, No. 5

  • Returning to Fundamentals: Applying the National Labor Relations Act to Class Action Employment Litigation
    by Mark R. Thierman
  • The Conflicting Appellate Decisions on Communications with Class Members
    by Adam Tullman and Michael Loeb
  • "Can We Talk?" Or, Keeping Your Eyes on the Prize
    by David Borgen
  • Diversity,Affirmative Action, and the Supreme Court
    by Karen Clopton
  • The Sacramento High Dispute: a Microcosm of the Labor and Management Debate Over Charter Schools
    by Daniel Ojeda
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEOC Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Michael Blacher
  • Mandatory Arbitration Update
    by John M. True, III
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

August 2003

Vol. 17, No. 4

  • Resisting Employer Attempts to Extend Hoffman Plastic Compounds to Title VII
    by Willie Nguyen* and Jennifer C. Chang
  • The Writers. Case:The Sequel Drags On
    by: Anthony J. Oncidi and Russell A. Wetanson
  • Continuing Violation Doctrine Outside The Disability Accommodation Context
    by Miguel A. Neri and Fiel D. Tigno
  • State Supreme Court Recognizes the Broader Protections of the FEHA
    by Claudia Center
  • Banks. Defense Against Class Actions: National Bank Act Preemption
    by Thomas R. Kaufman and Michael L. Gallion
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • NLRA Case Notes
    by Yuan Chen
  • Cases Pending Before the State Supreme Court
  • Public Sector Case Notes
    by Stewart Weinberg* and Anne I. Yen
  • Pending California Employment Legislation 2003-2004
    by Sam McAdam and Steve Greene

May 2003

Vol. 17, No. 3

Mediation of Labor and Employment Disputes: Fifteen Perspectives for Lawyers and Clients

  • Different Forms of Alternative Dispute Resolution: Some Basic Definitions
    by Patti R. Roberts
  • Tips on Preparation for Mediation
    by Richard L. Patsey
  • "To Be or Not to Be" - at the Employment Mediation
    by Barry Winograd
  • Choosing the Right Mediator
    by Linda Hendrix McPharlin
  • Ten Tips for Preparing Your Client for Mediation
    by Patti R. Roberts
  • Mediation in Public Sector Collective Bargaining
    by Norman Brand
  • To Disclose or Not to Disclose: Mediation Negotitation Strategy
    by Michael Ornstil
  • Ethics in Employment Mediation and Arbitration
    by Norman Brand
  • Resolving Mediation's Toughest Challenges
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Gender Bias in Mediation
    by Laura Lane and Anne Wells
  • Drafting the Settlement: Basic Terms for Resolving Employment Litigation
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Just Between Us: The Confidentiality of Mediation Discussions
    by Laura Ziegler Davis
  • Mediation the Northern District Way
    by Wendy Rouder
  • Mediation in the Ninth Circuit Court of Appeals
    by Claudia L. Bernard
  • Mediating Discrimination Claims in California: THe DFEH and EEOC Procedures
    by Mark Keppler

March 2003

Vol. 17, No. 2

  • Ask the Arbitrator: What's the Problem With the New Ethical Standards?
    Introduction by Katherine J. Thomson
    Comments by Sara Adler
  • California's New Paid Family Care Leave Act: Helping Workers Balance Job and Family
    by Patricia A. Shiu and Elizabeth Kristen
  • The Interplay Between Retaliation Claims and False Claims Act Litigation
    by Mark Allen Kleiman
  • The Perils of Attorney-Client Privilege for In-House Counsel
    by Helen Cicino-Carasso
  • David Feller - A Remembrance
    by Judge Marsha S. Berzon
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Nate Kowalski
  • Disability Law Case Notes
    by Kerry McInerney Freeman
  • Cases Pending Before the California Supreme Court
    by Martin Fassler

January 2003

Vol. 17, No. 1

  • Settle the Case -- "Them's Fightin' Words!"
    by William A. Bogdan
  • Representing a Corporation in a Criminal Investigation
    by Nanci L. Clarence and Greg Gilchrist
  • Mediation the Northern District Way
    by Wendy Rouder
  • Legislative Update
    by Sam McAdam and Steve Greene
  • NLRB Forbids Regions' Ex Parte Communications With Supervisors in Organizations Represented by Counsel
    by Joseph Paller
  • Mandatory Arbitration Update
    by John M. True
  • Public Sector Case Notes
    by Stewart Weinberg
  • NLRA Case Notes
    by Emma Leheny
  • EEO Case Notes
    by Teresa R. Tracy
  • Employment Law Case Notes
    by Anthony J. Oncidi

November 2002

Vol. 16, No. 6

  • Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002
    by Tyler M. Paetkau
  • Comments From the Chair
    by Carol Vendrillo
  • The Years of Living Dangerously -- A Field Guide to the False Claims Act
    by Mark Allen Kleiman
  • Binding Interest "Mediation": Plowing New Ground for California Agricultural Labor Relations
    by Ronald Hoh
  • Current Issues in Attorneys' Fees Litigation -- Part II
    by Richard M. Pearl
  • An Expert Attack on Workplace Violence
    by Helen Carasso
  • EEO Case Notes
    by Teresa R. Tracy
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • Employees Can Sue Directly to Enforce Contract Where Employer Refuses to Arbitrate a Grievance
    by David A. Rosenfeld
  • Employers Can Rely on Illness That Poses a Threat to Self as a Basis to Exclude Persons From Employment
    by Larry Minsky
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Laurie S. Juengert
  • Cases Pending Before the Supreme Court

September 2002

Vol. 16, No. 5

  • The Union's Role in Combating Identity Theft
    by Matthew Morbello
  • What Do In-House Counsel Want?
    by Helen M. Carasso
  • The Personnel Exception to the Open Meeting Law: When Is an Employee Entitled to Notice of a Closed Session?
    by Bruce A. Barsook and Geoffrey S. Sheldon
  • Current Issues in Attorneys' Fees Litigation - Part 1
    by Richard M. Pearl
  • Pending California Employment Legislation
    by Sam McAdam and Steve Greene
  • Resolving Mediation's Toughest Challenges
    by Kenneth N. Silbert & Anita Christine Knowlton
  • The California Labor Work Force Development Agency (A Very Short History and Some Personal Thoughts)
    by John Cumming
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • NLRA Case Notes
    by Yuan Chen
  • Public Sector Case Notes
    by Stewart Weinberg

July 2002

Vol. 16, No. 4

  • A Careful Look at Hoffman Plastic Compounds v. NLRB
    by Ryan D. McCortney
  • The Immediate Aftermath of Hoffman Plastic Compounds
    by Marielena Hincapie
  • Ninth Circuit Decision: Court Has Jurisdiction in Suit by Laborers Against Recruiter and Out of State Employer
    by Cynthia Rice
  • Immigration Consequences of Downsizing
    by Mitchell L. Wexler
  • The Supreme Court Provides a Defense Against Stale Discrimination and Retaliation Claims
    by Thomas R. Kaufman
  • Disability Discrimination Case Notes
    by David D. Kadue
  • ADR Case Notes
    by John True III
  • Ask the Arbitrator: Did the Union Waive Skelly Rights?
    Introduced by Katherine Thomson
    Comments by Jill Klein, Philip Tamoush and Morris Davis
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Avoiding the Pitfalls of Serving as In-House Counsel
    by Karen Clopton
  • Public Sector Case Notes
    by Nate Kowlski and John Cummings

May 2002

Vol. 16, No. 3

  • Yarbrough v. Labor Ready: Class Action to Enforce California Wage Laws
    by David Borgen
  • The Wage and Hour Class Action: A New Union Tactic Aimed at the Temporary Staffing Industry
    by David Ongaro
  • California Appellate Courts Continue to Make Hash of the Workers' Compensation Exclusivity Doctrine
    by Thomas R. Kaufman
  • State Labor Agencies Facing Battles on Many Fronts
  • Pending California Employment Legislation
    by Sam McAdam and Steve Green
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • NLRA Case Notes
    by Steven Ury
  • Public Sector Case Notes
    by Stewart Weinberg
  • Cases Pending Before the Supreme Court
    by Martin Fassler

March 2002

Vol. 16, No. 2

  • The Impact of Two Recent Decisions on FEHA Retaliation Claims Based on Circumstantial Evidence
    by Miguel A. Neri and Fiel D. Tigno
  • Comments From the Chair
    by Carol Vendrillo, Chair
  • The Trial Court Employment Protection and Governence Act: Fundamental Changes to Labor Relations in the Trial Courts
    by Scott Gardner and Karen Sundermier
  • Judicial Council to Propose New Jury Instrucions for Employment Law Cases
    by John Cumming
  • Update on Attorneys' Fees Law: Ninth Circuit Narrows Applicability of Buckhannon
    by Laura Juran
  • Disability Discrimination Case Notes
    by Larry Minsky
  • ADR Case Notes
    by John True III
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • Public Sector Case Notes
    by Nate Kowalski and Michael Blacher
  • EEO Case Notes
    by Teresa R. Tracy
  • Ask the Arbitrator: What Do Arbitrators Do With Surprise Evidence?
    Answer by Arbitrator Mei Bickner
    Introduction by Katherine Thomson
  • Proposed Ethics Rules for Arbitrators
  • Ninth Circuit Holds Circuit City's Arbitration Scheme Unenforceable
  • Cases Pending Before the Supreme Court
  • Final Decision Favors Wards Cove Packing Company

January 2002

Vol. 16, No. 1

  • Armendariz' Viability After Circuit City
    by Claudette G. Wilson and Michael S. Kalt
  • Judicial Council Seeking Comments on Ethics Standards for Arbitrators
  • Catalyst Unplugged: The Impact of the Supreme Court's Buckhannon Decision
    by Laura P. Juran
  • Layoff and Termination Issues Created by the Economic Downturn
    by Linda Hendrix McFarlin
  • LAYOFFS: Are They Legal? And Other Questions
    by Jim Varga
  • How to Engage in the Interactive Process: A Field Guide for California Employers
    by Jennifer G. Redmond and Robin M. Nagel
  • Legislative Update
    by Sam McAdam and Steve Greene
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Stewart Weinberg
  • NLRA Case Notes
    by Stephen Ury
  • New Executive Committee Officers and Members
  • Cases Pending Before the Supreme Court

Winter 2001

Vol. 15, No. 4

  • The Clinton Era National Relations Board: Looking Backward, Looking Forward
    by Stacy D. Shartin and Josh Friedman
  • Notes From the Chair
    by Priscilla Winslow, Immediate Past Chair, Labor and Employment Law Section
  • Managing Performance Problems in the Leave of Absence Context
    by Rod M. Fliegel and Andrea Kelly Smethurst
  • Book Review-“Nickel and Dimed” by Barbara Ehrenreich
  • Some Observations are Common Knowledge, Others Are Insightful and Challenging
    by Judith Droz Keyes
  • The Economic Injustice of Law Wage Work
    by Ellen Greenstone
  • California Supreme Court Extends Time to Sue for Disability Harassment and Failure to Accomodate
    by David Kadue
  • Disability Discrimination Case Notes
    by David Kadue
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Nate Kowalski
  • ADR Case Notes
    by John True III

Fall 2001

Vol. 15, No. 3

  • The Ask the Arbitrator: How Do We Avoid Backlogs and Two-Year-Old Discharge Cases?
    by Arbitrator Gerald McKay, Bill Sokol, and Kathy Aure
    Introduction by Katherine Thomson
  • Is the 1999 Anti-Sweatshop Law Effective? Assembly Bill 633: All Promise, No Bite
    by Christina N. Chung and Julie A. Su*
  • Mediation of Class and Multi-Party Wage & Hour/Overtime Claims
    by Deborah Rothman
  • Special Remedies Under the National Labor Relations Act
    by Julie Gutman, Attorney, NLRB Region 21
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Stewart Weinberg
  • Legislative Update
    by Tyler M. Paetkau
  • IWC Meeting on Vacation Policy
    by Martin Fassler
  • Announcements:
    New Publication Schedule for the Quarterly: Six Issues Each Year
    Labor & Employment Law Section Educational Programs in Your Area
    Cases Pending Before the Supreme Court

Summer 2001

Vol. 15, No. 2

  • The Clinton NLRB: What Is its Legacy?
    by Henry M. Willis
  • Comments from the Chair
    by Priscilla Winslow
  • Considering a Mandatory Arbitration Program for Your Employees?
    by E. Joseph Connaughton
  • Arbitration in the California State University System
    by Philip L. Fetzer and Michael Clark
  • Disabled Per Se: The Revised California Fair Employment and Housing Act
    by Brian Branine
  • Non-Competition Agreements: New Cases Make Them Harder to Enforce in California
    by Alisa K. Wynd
  • Do Circuit City and Armendariz Apply to Arbitrations Under Union Contracts?
    by Martin Fassler
  • Update on Jury Selection Law
    by Thomas Meyer
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler M. Paetkau
  • NLRA Case Notes
    by Steven Ury
  • ADR Case Notes
    by John True III
  • Public Sector Case Notes
    by Nick Kowalski
  • Disability Discrimination Case Notes
    by David D. Kadue

Spring 2001

Vol. 15, No. 1

  • Cal Supreme Court Opinions — A Close Analysis of Asmus and Guz: Different Views of At-Will Employment
    by Joseph R. Grodin
  • Message from the Chair
    by Priscilla Winslow
  • Legal History — Is the Employment-At-Will Doctrine As Old As the State of California? Hardly
    by Donna R. Mooney
  • Sprewell v. Golden State Warriors: An Employer's Defenses Can Raise Section 301 Preemption
    by Tony Skogen
  • Discriminatory Use of Peremptory Challenges: Recent Developments in the Batson Doctrine
    by Thomas M. Meyer
  • Accommodating Carpal Tunnel Injuries Under the Americans with Disabilities Act
    by Matthew A. Goodin
  • Changing the Rules After the Game Has Been Played: The Pitfalls of Applying AB 2222 Retroactively
    by Thomas Kaufman and Michelle Lemley
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Ask the Arbitrator — Discovery or Efficiency in Employment Arbitrations?
    by Katherine Thomson and Barbara Chvany
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • NLRB Decision Notes
    by Steven Ury
  • Recent Public Sector Cases
    by Stewart Weinberg

Winter 2000

Vol. 14, No. 4

  • Staples v. Rent-A-Center: A Case Study on Psychological Testing v. Employees' Right to Privacy
    by Dale L. Brodsky
  • Employee Assistance Programs: What Your Clients Should Know
    by Jennifer Randlett and Rafae Icaza
  • New State Laws: Overtime Pay Who's Eligible, Who's Not
    by David Borgen and Aaron Kaufmann
  • EEOC Regulates Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
    by Eduardo F. Cuaderes, Jr. and Rod M. Fliegel
  • NLRB Case Notes
    by Steven Ury
  • NLRB Changes Course — The NLRA Protects Weingarten Rights of Non-Unionized Workers
    by Christopher J. Pirrone
  • NLRB Revamps Rule on Contingent Worker Organizing, Allowing Regular Employees and Temps to Be in the Same Unit
    by Steven Ury
  • Ask the Arbitrator — Why Won't the Arbitrator Deny a Continuance?
    by Katherine Thomson and Gerald R. McKay
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler Paetkau
  • Johnson v. Loma Linda — Findings in Administration Hearings Will Be Binding in Labor Court Actions
    by Debra Bray
  • A Union Lawyer's View of Johnson v. City of Loma Linda
    by Stewart Weinberg
  • Dills Act Amendments Change Law on Bargaining After Expiration of the Contract
    by Joel H. Levinson
  • Public Sector Case Notes
    by Cynthia O'Neill and Richard Bolanos

Fall 2000

Vol. 14, No. 3

  • Hiring and Obtaining Temporary Working Status for Foreign-Born Professionals: The Current Law and Proposed Legislative Changes
    by Carl Shusterman
  • Comments from the Chair
    by Emi R. Uyehara
  • The Supreme Court's Armendariz Decision
    California Supreme Court Green LIghts Mandatory Arbitration for All Employment Disputes
    by Anthony J. Oncidi
  • An Arbitrator's Take on the Matter
    by Bonnie G. Bogue
  • Recent Arbitration Decision: A "No-Match" Letter from Social Security Does Not Justify Dismissal of an Employee
    by Martin Fassler
  • The Social Security Administration's "No-Match" Letters Have Unintended Consequences for Many Immigrant Workers
    by Marielena Hincapie
  • An Informal Survey of NLRB Election Results in California
    by Martin Fassler
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Stewart Weinberg
  • NLRA-Related Cases
    by Steven Ury
  • The 18th Annual Meeting of the Labor and Employment Law Section — Brochure
  • Labor and Employment Legislative Update
    by Tyler Paetkau
  • Ask the Arbitrator — Can an Employer No Longer Discipline an Employee for Off-Duty Conduct
    by Franklin Silver; Introduction by Katherine J. Thomson
  • Alternative Dispute Resolution Notes
    by John True, III
  • The Governor's Year 2000 Appoinments
    by Sarah Cohen

Summer 2000

Vol. 14, No. 2

  • California Supreme Court Roundup: The Court's Current Employment Law Docket — Part II
    by Jeffrey B. Demain and Kathleen Morris
  • Comments from the Chair
    by Emi R. Uyehara
  • The "Continuing Violation" Doctrine Revisited: New Limits on a Knowing Plaintiff's Ability to Raise Ancient Claims Under the FEHA
    by Tyler M. Paetkau
  • The Courts Are Consistently Admitting a Broad Spectrum of Evidence in Sexual Harassment Cases
    by Denise J. Serra
  • Evidence Code Section 1106 Regarding "Sexual Conduct" in Hostile Work Environment Sexual Harassment Cases — A New Battleground at Trial
    by Sherri K. McElroy and David J. Heilman
  • Will Labor Code Section 96[k] Affect Discipline Decisions in Public Employment?
    by Melanie Petersen and Peter Fagan
  • Employment Law Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John True, III
  • NLRA-Related Cases
    by Steven Ury
  • EEO Case Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler M. Paetkau
  • ADA Disability Law Case Notes
    by Kerry Freeman and Jonathan Rolnick
  • D.C. Circuit Upholds NLRB Back Pay for Undocumented Workers
    by Martin Fassler
  • Public Sector Case Notes
    by Cynthia O'Neill and Richard C. Bolanos
  • EEOC Opinion: Employers Must Favor Disabled Workers in Job Reassignments
    by Tyler M. Paetkau
  • SPB Asserts Authority to Award General Damages to Victim of Disability Discrimination
    by Frank Adkins

Spring 2000

Vol. 14, No. 1

  • California Supreme Court Roundup: The Court's Current Employment Law Docket
    by Jeffrey B. Demain and Kathleen Morris
  • Adoption of a Labor and Employment Specialization and Certification Is Delayed by State Bar Group
  • Comments from the Chair
    by Emi R. Uyehara
  • California and Federal Views on Employer Liability for Punitive Damages
    by Dov M. Grunschlag
  • Employers' and Emplioyees' Obligations Under the Family and Medical Leave Act
    by Patricia A. Shiu and Joanne C. Chang
  • Retreating from Moorpark: Avoiding an Overexpansive Breadth of Wrongful Discharge in Violation of Public Policy
    by Thomas R. Kaufman
  • Critical Theory Applied to Title VII
    by Roy L. Brooks and Hubert Kim
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • The National Bank Act v. FEHA — the Case for Implied Partial Preemption
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Stewart Weinberg
  • Drafting the Settlement: Basic Terms for Resolving Employment Litigation
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Alternative Dispute Resolution Notes
    by John True, III
  • Case Notes: NLRA-Related Cases
    by Steven Ury
  • Legislative Update
    by Tyler Paetkau and Jeffrey B. Demain

Winter 1999

Vol. 13, No. 4

  • Collective Bargainin California Charter Schools: A Short History of Freedom / A Management Perspective
    by David G. Miller and Daniel A. Ojeda
  • Comments from the Chair
    by Emi R. Uyehara
  • Malpractice Claims Arising from Trial Tactics, Settlement Advice, Withdrawals and Fee Disputes
    by Edward F. Donohue
  • Negotiating AB 633, The Garment Accountability Bill
    by Lora Jo Foo
  • Project Labor Agreements Discourage Bidders on Public Construction
    by Mark R. Thierman
  • The San Francisco Airport Decision: An Unequivocal Victory for Labor
    by Ted Franklin
  • In Memoriam: Victor Van Bourg
    by Laurence P. Corbett and Alan Heineman
  • An Employer's Road Map Through Slander Law
    by Anthony Sperber and Rod M. Fliegel
  • Employment Law Notes
    by Anthony J. Oncidi
  • Disability Discrimination Case Notes
    by Jonathan C. Rolnick and Kerry M. Freeman
  • California Legislative Update
    by Tyler M. Paetkau and Justine Meyer
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • The Revised Uniform Arbitration Act: Will It Resolve the Difficult Issues?
    by Anita Christine Knowlton and Kenneth N. Silbert
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by Alai Kimberly Toure
  • Public Sector Case Notes
    by Cynthia O'Neill and Janice Johnson
  • Labor and Employment Law Section Executive Committee Profiles
  • Bar Association of San Francisco Opposes Specialization

Fall 1999

Vol. 13, No. 3

  • Employer Liability for Third-Party Sexual Harassment: Control, Power, and Expectations
    by Kelly Grogan, Susan Etta Keller and Kelly Vidakovich
  • Legislative Update
    by Tyler M. Paetkau and Justine Meyer
  • Different Views of Aguilar v. Avis:
  • Summary of Supreme Court
          by Katherine Thomson
  • Government-Prohibited Words
          by William Bennett Turner
  • The Workplace Is Not a Street Corner
    by Margaret C. Crosby and Michelle Alexander
  • Ask the Arbitrator: "To Be or Not To Be" — at the Employment Mediation
    by Barry Winograd and Luella E. Nelson
  • Equal Employment Notes
    by Teresa R. Tracy
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • ADA Case Notes
    by Kerry Freeman and Jonathan Rolnick
  • Working 1999
    by Jaffe Dickerson
  • Local Agency Collective Bargaining: If the Time Has Come...
    by Jeffrey Sloan
  • Public Sector Case Notes
    by Stewart Weinberg, Janice Johnson, and Cynthia O'Neill
  • Does California Need a Specialization Exam for the Practice of Labor and Employment Law?: Letters from the Los Angeles County Bar
    by Thomas T. Lewis, Jaffe Dickerson and James G. Varga
  • Wage and Hours Case Notes
    by Ann Hipshman

Summer 1999

Vol. 13, No. 2

  • Joint Liability and the Underground Economy Bill [AB 633]
    by Steve Nutter
  • A Survey of Malpractice Claims Against Employment Attorneys
    by Edward F. Donohue
  • The "One-Flash" Rule: Is Sexual Harassment Law Different When Applied to a Sitting President?
    by Samuel B. Shepherd, Scott B. Joachim and Scott G. Lawson
  • State Bar Moving Toward Labor & Employment Specialization Exam
  • The Corporate Advisor: A Forum for In-House Counsel: Employment Law for the Real World
    by Arnold P. Peter
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • Ask the Arbitrator: "Can the Employer Call the Grievant as a Witness in a Discipline/Discharge Case?"
    by Luella E. Nelson & Kenneth N. Silbert
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Equal Employment Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler M. Paetkau and Justine Meyer
  • ADA Case Notes
    by Kerry Freeman and Jonathan Rolnick
  • Public Sector Case Notes
    by Janice Johnson, Cynthia O'Neill, and Stewart Weinberg
  • Effective Employment Case Evaluation
    by Kenneth N. Silbert and Anita Christine Knowlton

Spring 1999

Vol. 13, No. 1

  • Labor and Employment Law Rights of Undocumented Alien Workers
    by Michael Rubin
  • From the Chair
    by Jaffe Dickerson
  • Enforcement of Mediated Settlement Agreements
    by Anita Christine Knowlton and Kennth N. Silbert
  • Attorney Fees Under the FEHA: Splitting Awards with Clients Presents Ethical Concerns
    by Rogert L. Rediger and Laura C. McHugh
  • A Union View of Pete Wilson's Eigh-Year Tenure: The Governor's Consistent Anti-Union Policies Lead to a Revitalized Labor Movement
    by Barry Broad
  • Judicial Review of Arbitration Awards Under Private Sector Collective Bargaining Agreements in California
    by W. Daniel Boone and Theodore Franklin
  • Recent Developments Regarding Judicial Estoppel in Disability Cases
    by Ian P. Fellerman
  • Marquez v. Screen Actors Guild: Supreme Court Approves "Membership in Good Standing" Clauses
    by Ira Gottlieb
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • The Corporate Advisor-A Forum for In-House Counsel. You Say You Are Good: How to Prove It to Your Chief Financial Officer
    by Arnold P. Peter
  • Ask the Arbitrator: Can an Employer Use Prior Disciplinary Records that Have Grown Stale?
    by Luella E. Nelson and Katherine Thomson
  • Equal Employment Notes
    by Teresa R. Tracy

Fall / Winter 1998

Volume 12, Number 4

  • Labor Policy in the Wilson Administration
    by Lloyd W. Aubry, Jr.
  • From the Chair
    by Bonnie G. Bogue
  • Living Wage Ordinances: A Kinder, Gentler Law With Bite
    by Brian Dixon and Kristin E. Hutchins
  • The Los Angeles Living Wage in Operation: A Preliminary Evaluation
    by Richard H. Sander and Sean Lokey, UCLA and the Fair Housing Institute
  • The High Costs of Middle-Ageism
    by Margaret Morganroth Gullette
    (Reprinted from "The Brander's Review," published by Brawer's University)
  • Ask the Arbitrator — The Guilty Grievant and Due Process Violations: What's an arbitrator to do when there's a proven due process violation but the grievant is guilty as charged?
    by Michael Prihar
  • Alternative Dispute Resolution Notes
    by Katherine J. Thomson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • U.S. Supreme Court Gives Broad Construction to ADA in Ruling that Persons with the HIV Virus Are Protected
    by Jonothan Rolnick
  • 1998 Legislation Passed and Failed
    by Priscilla Winslow
  • Equal Employment Notes
    by Teresa R. Tracy
  • Living Wage Ordinances: A Comparative Overview
    by Erica Etelson
  • State Personnel Board Decision Notes
    by Frank Adkins

Spring/Summer 1998

Volume 12, Number 3

  • Labor and Employment Law Section 1998 Research Grant Articles
    by Denise M. DeRose
  • From the Chair
    by Bonnie G. Bogue
  • Unchained Maladies: The Proper Treatment of Asymptomatic Diseases as "Disabilities" Under the Americans With Disabilities Act
    by Christopher David Ruis Cameron and Matthias Wagener
  • ERISA Preemption of State and Local Laws on Domestic Partnership and Sexual Orientation Discrimination in Employment
    by Catherine L. Risk and Julianne Scott
  • A Practitioner's Guide to the First Amendment Defense in Hostile Environment Harassment Cases
    by Eugene Vololkh and Ann Swartzberg Wexler
  • Mea Culpa: Should a Discharged Employee's Post-Discharge Acknowledgment of Misconduct and Rehabilitation Have Evidentiary Weight
    by John B. LaRocco and Darrell S. Steinberg
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by A. Kimberly Toure
  • Who's Running This Show Anyway?
    The Labor and Employment Law Section Executive Committee
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • NegotiatingWith Interests: Achieving More Satisfactory Settlements
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Equal Employment Notes
    by Teresa R. Tracy
  • Ask the Arbitrator
    by Luella E. Nelson and Matthew Goldberg

Winter 1998

Volume 12, Number 1

  • After "Ellen," What Next?: Understanding and Responding to Sexual Orientation Bias in the Workplace
    by Susan G. Bluer
  • From the Chair
    by Bonnie G. Bogue
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by A. Kimberly Toure
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Designing the Arbitration Process
    by Anita Christine Knowlton and Kennth N. Silbert
  • Arbitration Is Arbitration Is Arbitration (Or Is It?)
    by Franklin Silver
  • Ask the Arbitrator
    by Lucile E. Nelson
  • Alternative Dispute Resolution Notes
    by John True
  • ADA Case Notes
    by Jonathan Rolnick and Kerry McInerney Freeman
  • State Personnel Board Precedential Decisions
    by Martin Fassler
  • Equal Employment Notes
    by Teresa R. Tracy
  • The Corporate Advisor: Media Savvy (or Why "no Comment" Is Almost Always a Bad Thing)
    by Arnold P. Peter

Summer 1997

Vol. 11, No. 3

  • Damned If You Do, Damned if You Don't: Public Sector Employers' Obligations to Prevent Hostile Work Environments Without Violating Free Speech Rights
    by Aaron D. Kaufmann
  • From the Chair
    by Arnold Peter
  • FLSA White Collar Exemptions Revisited - The Supreme Court Delimits the Salary Basis Test
    by Duane W. Reno
  • New EEOC Enforcement Guidance Narrows Judicial Estoppel Defense in ADA Cases
    by Rebecca D. Kleinmann and Sherri K. McElroy
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True III
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by Kimberly Ny. Papillon
  • Legislative Update
    by Priscilla S. Winslow
  • State Personnel Board Decision Notes
    by Martin Fassler
  • The Corporate Advisor: Guest Columnist
    by Richard J. Simmons
  • Equal Employment Notes
    by Teresa R. Tracy
  • Labor & Employment Law Section's 15th Annual Meeting Will Be Held at Universal Studios Hollywood
     

Winter 1997

Vol. 11, No. 1

  • Using the False Claims Act in Whistleblower Litigation
    by Mark Allen Kleinman
  • From the Chair
    by Arnold P. Peter
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • What Every Management Lawyer Should Know About A Plaintiff's Bankruptcy
    Michael G. Morgan Esq. and Michelle Lee Flores Esq.
  • Federal Court Enjoins Enforcement of Proposition 209
    Jesús E. Quiñonez
  • Violence in the Workplace: Reality for Men and Women
    by Holly A.H. Williams
  • Public Sector Case Notes
    by Joseph E. Wiley
  • Scott, Carma, and the Shrinking Duty of Good faith and Fair Dealing
    by Phillip B. Obbard
  • Alternative Dispute Resolution Notes
    by John M. True III
  • The Corporate Advisor
    by Timothy B. Sottile
  • Equal Employment Notes
    by Teresa R. Tracy
  • Courts Grapple with Employee Rights Under Collective Bargaining Agreements and Discrimination Laws
    by Ira L. Gottlieb
  • In Memoriam: David A. Concepcion
  • Legislative Update
    by Priscilla S. Winslow

Fall 1996

Vol. 10, No. 4

  • Navigating Provisions for Negotiating Reasonable Accommodation Under the Americans With Disabilities Act: Strategies and Potential Pitfalls
    by William F. Murphy Esq. And Rod M. Fliegel Esq.
  • From the Chair
    by Michael M. Johnson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True III
  • English Language Requirements in the Workplace: When Are They Legal?
    by Elizabeth Thompson
  • The Corporate Advisor
    by Arnold P. Peter
  • Public Sector Case Notes
    by Joseph E. Wiley
  • President Clinton Signs Sweeping Health Coverage Portability Law
    Reprinted With Permission
    Seyfarth, Shaw, Fairweather & Geraldson, Management Alert (August 21 1996)
  • New Minimum Wage Package Includes Pension Simplification, Damage Award Taxation and Employee Benefits Changes
    Reprinted With Permission
    Seyfarth, Shaw, Fairweather & Geraldson, Management Alert (August 21 1996)
  • Undercover Investigations in the Workplace--How to Make Them Effective and LegalEqual Employment Notes
    by Lee Ann Huntington and Jim Mcginnis
  • State Personnel Board Decision Notes
    by Martin Fassler
  • Equal Employment Notes
    Teresa R. Tracy
  • Legislative Update
    by Priscilla S. Winslow
  • 1997 Appointments to State Bar Committees

Summer/Fall 1996

Vol. 10, No. 3

  • Showcase of Labor and Employment Law Section Research Grant Articles
  • From the Chair: Legislation
    by Michael M. Johnson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution
    by John M True III
  • Forewarned And Forearmed Employees Rights Employers Responsibilities Under The Worker Adjustment And Retraining Notification Act
    by Christopher David Ruiz Cameron And Beverlei E. Colston ©1996
  • The Times They Are A Changing: Recent Trends In Disability Employment Discrimination
    by Sande Buhai Pond
  • Handling Employment Cases In A Law School Clinical Setting
    by Margaret Stevenson, Joshua Gordon and Eric W. Wright
  • The Corporate Advisor: a Forum for In-House Counsel
    by Arnold P Peter
  • Equal Employment Notes
    Teresa R. Tracy
  • ADA Case Notes
    by Anna Segobia Masters and Ellen Brostrom
  • State Personnel Board Decision Notes
    by Martin Fassler
  • Public Sector Case Notes
    by Joseph E. Wiley

Spring/Summer 1996

Vol. 10, No. 2

  • The Aftermath of Lazar V Superior Court: Implications in Evaluating an Employee's Fraud Related Claims
    by Andrew D. Morrison and Gary B. Ross
  • From The Chair
    By Michael M Johnson
  • Wrongful Termination Notes
    By Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True III
  • Barton V New United Motor Manufacturing Inc.: The Adoption of a One Year Statute Of Limitations for The Tort of Wrongful Dischargein Violation of Public Policy
    by Theresa A. Kristovich and Julia Zalba
  • Causation in The Employment Discrimination Case: What is The Standard Under The Fair Employment and Housing Act
    by Kathleen A. Brewer
  • The Corporate Advisor a Forum for In-House Counsel
    by Arnold P. Peter
  • The Hollywood Supports "AIDS in the Workplace" Seminar
    by Michael Grizzi and Lynne Gabriel
  • Equal Employment Notes
    by Teresa R. Tracy
  • Law Revision Commission Proposal to Eliminate Independent Judgment Judicial Review Would Mean End of Successful Challenges to Improper Government Administrative Actions
    by Robert J. Bezemek
  • State Personnel Board Decision Notes
    by Martin Fassler
  • Legislative Update
    by Priscilla Winslow
  • An Analysis of The California and Federal Family and Medical Care Leave Acts
    by Peter J. Brown and Barry M. Ziotowicz

Spring 1996

Vol. 10, No. 1

  • Beyond Mckennon V Nashville Banner Publishing Co.: Using The After-Acquired Evidence Doctrine to Bar Discrimination Claims
    by James F. Elliott and David A. Urban
  • From the Chair
    by Michael M. Johnson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John True
  • Defining The Nebulous "Continuing Violations" Theory in Untimely Sexual Harassment Cases
    by Tyler M. Paetkau
  • The Corporate Advisor: a Forum for In-House Counsel
    by Arnold Peter
  • An Invitation to Litigation
    by Jacqueline M. Jauregui
  • Equal Employment Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Joseph E. Wiley
  • Workers Compensation Exclusivity Over IIED Claims: How The Compensation Bargain Became So Expensive For California Employers
    by Michael G. Morgan
  • From The Editors
    A Solicitation of Articles Representing All Viewpoints
  • Legislative Leqislative Update
    Priscilla S. Winslow

California Labor and Employment Law Review

From the Editors: Editorial Policy

We would like the Law Review to reflect the diversity of the Section’s membership in the articles and columns we publish.  We therefore invite members of the Section and others to submit articles and columns from the points of view of employees, unions, and management.  Our resources are you, the reader, so we count on you to provide us with the variety of viewpoints representative of our more than 6,000 members.  In addition, although articles may be written from a particular viewpoint (i.e., management or employee/union), whenever possible, submitted articles should at least address the existence of relevant issues from the other perspective.  Thank you for all of your high-quality submissions to date, and please . . . keep them coming!  Please e-mail your submission to Section Coordinator Lynn Taylor at lynn.taylor@calbar.ca.gov.

The Law Review reserves the right to edit articles for reasons of space or for other reasons, to decline to print articles that are submitted, or to invite responses from those with other points of view.  We will consult with authors before any significant editing.  Authors are responsible for cite checking and proofreading their submissions.  Articles should be no more than 2,500 words.  Please follow the style in the most current edition of The Bluebook: A Uniform System of Citation and put all citations in endnotes.  Note that as a contributor of an article selected for publication in the Law Review, you can claim self-study MCLE credit, hour-for-hour, for the time you spend researching and writing the article.

Editor in Chief: Ramit Mizrahi

Executive Editors: Erich Shiners and Cara Ching-Senaha

Managing Editor: David Peyerwold

Editorial Board: Annmarie Billotti, Julia Lapis Blakeslee, Karen Clopton, John Cumming, María Díaz, Dorothy Bacskai Egel, Elizabeth Franklin, Carol M. Gillam, Carol Koenig, Lois M. Kosch, Anthony Oncidi, Tyler M. Paetkau, Patricia C. Perez, Emily Prescott, J. Scott Tiedemann, Mary Topliff and Sharon R. Vinick

Tables of Contents

Contents of recent issues are below. Section members can request a copies of past articles in our Members Only Area.

May 2014
March 2014
January 2014

November 2013
September 2013
July 2013
May 2013
March 2013
January 2013

November 2012
September 2012
July 2012
May 2012
March 2012
January 2012

November 2011
September 2011
July 2011
May 2011
March 2011
January 2011

November 2010
September 2010
July 2010
May 2010
March 2010
January 2010

November 2009
September 2009
July 2009
May 2009
March 2009
January 2009

November 2008
September 2008
July 2008
May 2008
March 2008
January 2008

 

November 2007
September 2007
July 2007
May 2007
March 2007
January 2007

October 2006
August 2006
June 2006
April 2006
February 2006

November 2005
September 2005
July 2005
May 2005
March 2005

December 2004
October 2004
August 2004
June 2004
April 2004
February 2004

December 2003
September 2003
August 2003
May 2003
March 2003
January 2003

November 2002
September 2002
July 2002
May 2002
March 2002
January 2002

Winter 2001
Fall 2001
Summer 2001
Spring 2001

Winter 2000
Fall 2000
Summer 2000
Spring 2000

Winter 1999
Fall 1999
Summer 1999
Spring 1999

Fall /Winter 1998
Spring/Summer 1998
Winter 1998

Winter 1997
Summer 1997

 Fall 1996
Summer/Fall 1996
Spring/Summer 1996
Spring 1996

May 2014 - Volume 28 No. 3

Laws Governing the Use of English-Only Policies in the Multilingual Workplace
By María G. Díaz

MCLE Self-Study: Origins and Development of California’s Prevailing Wage Requirements and Enforcement Mechanisms
By John Cumming

California Employment Law Notes
By Anthony J. Oncidi

Wage and Hour Update
By Steven G. Pearl

Public Sector Case Notes
By J. Scott Tiedemann & Leighton E. Davis

NLRA Update
By Richa Amar & Jonathan Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

March 2014 - Volume 28 No. 2

MCLE Self-Study: The Intersection of No-Fault Attendance Policies and Leave Laws: Perils in Balancing Employee Rights With Employer Attendance Concerns
By Carol Gillam

A Rose Is a Rose Is Not Retaliation: Why Requesting an Accommodation Should Not Be Considered "Protected Activity"
By Matthew R. Jedreski

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

Waiving Arbitration Goodbye: When Does an Employer Waive the Right to Compel Arbitration, and Who Decides?
By Joel M. Grossman

Public Sector Case Notes
By Stewart Weinberg & Kerianne Steele

NLRA Case Notes
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

January 2014 - Volume 28 No. 1

Posted in the Members Only Area

MCLE Self-Study: A New Year Brings New Laws for California Employers, Employees, and Unions
By Michael S. Kalt and David J. Duchrow

What Is Protected Activity Under FEHA and Title VII?
By Mary L. Topliff

The Future of Class Actions in Light of the Supreme Court's Ruling in American Express v. Italian Colors
By Rhett T. Francisco, Trevor R. Hindin, and Andrew J. Sokolowski

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

ADR Update: Are We Still Trying to Figure Out Concepcion?
By Barbara Reeves Neal

Public Sector Case Notes
By Bruce A. Barsook and Leighton E. Davis

NLRA Case Notes
By Richa Amar and Jonathan Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Carol Koenig

November 2013 - Volume 27 No. 6

MCLE Self-Study: Experience Pays, but Interns May Have To Be Paid for Their Experience: When Interns Are Covered by Wage and Hour Laws
By Aaron D. Kaufmann & Elizabeth C. Morris

The California Workers' Compensation System: The 100th Anniversary of the Boynton Act
By Peggy Sugarman

California Employment Law Notes
By Anthony J. Oncidi

Wage and Hour Update
By Steven G. Pearl

ADR Update: Challenging Concepcion: Can Section 7 Rights or the Effective Vindication Doctrine Be Used To Bar Class Action Waivers?
By Joel M. Grossman

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

NLRA Case Notes
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Introducing the Labor and Employment Law Section's New Executive Committee Members

Message From the Chair
By Carol Koenig

September 2013 - Volume 27 No. 5
Special Issue: 50th Anniversary of the March on Washington for Jobs and Freedom

The March on Washington
By Karen V. Clopton

Alone at the March
By Prof. Clayborne Carson

A Second 998 Offer Does Not Extinguish the First
By Catherine E. Wise

Class Actions, Class Arbitrations and Private Attorney General Rights -- the Developments Continue
By Barbara Reeves Neal

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

NRLA Case Notes
By Richa Amar & Jonathan M. Cohen

Public Sector Case Notes
By Bruce A. Barsook & Leighton E. Davis

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

July 2013 - Volume 27 No. 4

MCLE Self-Study:
The Best Defense Is a Good Offense: Defending Yourself Through a Comprehensive Wage and Hour Audit

By Patti Perez and Marissa Lyftogt

Reforming Public Pension Reform
By Scott E. Galbreath

California Employment Law Case Notes
By Anthony J. Oncidi

Does the Right to Modify the Handbook Invalidate the Arbitration Clause?
By Joel M. Grossman

NLRA Case Notes
By Jeff Bosley

Wage and Hour Update
By Steven G. Pearl

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Book Review
By Robert Fried

Message From the Chair
By Suzanne Ambrose

May 2013 - Volume 27 No. 3

MCLE Self-Study Credit:
The Mixed-Motive Defense: Mixed Blessings Following the California Supreme Court’s Decision in Harris v. City of Santa Monica?

By Michael E. Whitaker and Andrew H. Friedman

The Workplace Religious Freedom Act: Higher Standards in 2013
By Catherine E. Wise

ADR Developments
By Barbara Reeves Neal

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

Public Sector Case Notes
By Bruce A. Barsook and Leighton E. Davis

NRLA Case Notes
By Richa Amar and Jonathan M. Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

March 2013 - Volume 27 No. 2

MCLE Self-Study:
Ending Disability Discrimination Through Regulation: A Work in Progress

By Dale Brodsky

MCLE Self-Study:
Pregnant With Twins: New Pregnancy Regulations Provide Guidance to Employers & Employees on Equal Treatment & Accommodation

By Ann M. Noel

ADR Report: The Arbitrator’s Right Even if He’s Wrong, Right? Wrong: Richey v. Autonation
By Joel M. Grossman

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Steven G. Pearl

Public Sector Case Notes
By Stewart Weinberg and Kerianne Steele

NLRA Case Notes
By Jeff Bosley

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

January 2013 - Volume 27 No. 1

MCLE Self-Study:
A New Year Means New Employment Laws for California

By Michael S. Kalt, Esq. and David J. Duchrow, Esq.

The Private Attorneys General Act Ten Years Later: Less Than Seismic Effects
By Carol L. Gillam

AB 340 -- Pension Reform for (Most) Public Employees
By Erich Shiners

Employment Law Case Notes
By Anthony J. Oncidi

Wage and Hour Update
By Lois M. Kosch

ADR Report
By Barbara Reeves Neal, JAMS, The Resolution Experts

Public Sector Case Notes
By Bruce A. Barsook and
Leighton E. Davis

NLRA Case Notes
By Richa Amar and Jonathan Cohen

Cases Pending Before the California Supreme Court
By Phyllis W. Cheng

Message From the Chair
By Suzanne Ambrose

November 2012 - Volume 26, No. 6
Special Issue: Alternative Dispute Resolution

  • MCLE Self-Study: Concepcion and Armendar
    • Goodbye Armendariz, Hello Concepcion: FAA Preemption of State Law Obstacles to Enforcement o f Arbitration Agreements
      By Tyler M. Paetkau and Jay Withee
    • Concepcion Has No Impact on the Application of the Armendariz Factors
      By Barbara Figari
  • The Deconstruction of D.R. Horton
    By Ronald W. Novotny
  • The Hidden Arbitration Clause: Sparks v. Vista Del Mar Child and Family Services
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Steven G. Pearl
  • Public Sector Case Notes
    By Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeff Bosley
  • Labor & Employment Law Section Recognizes The Hon. Marsha S. Berzon For Outstanding Accomplishments in Labor& Employment Law
    By Eileen B. Goldsmith
  • Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond
    Book Review by Mary L. Topliff
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Introducing New Executive Committee Members
  • Message From the Chair
    By Suzanne Ambrose

September 2012 - Volume 26 No. 5

  • MCLE Self-Study: The Unclean Hands and After-Acquired Evidence Defenses
    By Bryan Schwartz and Baldwin Lee
  • You Can Never Be Too Graphic in Mediation: How to Create Infographics to Maximize the Mediation of Your Employment Case
    By Morgan C. Smith
  • ADR Developments
    By Barbara Reeves Neal
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook& Connie C. Almond
  • NLRA Case Notes
    By Richa Amar and Jonathan M. Cohen
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Phyllis Cheng: Public Lawyer of the Year
    By Tony Skogen
  • Message From the Chair
    By Timothy G. Yeung

July 2012 - Volume 26 No. 4

  • Brinker v. Superior Court
    • Takeaways for California Workers
      By Kimberly A. Kralowec
    • Implications for Employers
      By Rex Heinke and Damien DeLaney
  • A Historic Message for Change: Anatomy of a $167 Million Single-Plaintiff Employment Verdict
    By Lawrance A. Bohm
  • MCLE Self-study: Enforceability of Nonsolicitation Clauses in California
    By Wendy Thomas and Laurence Berman
  • Who Decides Unconscionability: the Arbitrator or the Court?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Steven G. Pearl
  • Public Sector Case Notes
    By Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung

May 2012 - Volume 26 No. 3

  • MCLE Self-Study: Social Media and the National Labor Relations Act
    By Mori Pam Rubin
  • Farms and Factories: A Modern View of the Administrative/Production Worker Dichotomy
    By Blake R. Bertagna
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Updates from the World of ADR
    Barbara Reeves Neal
  • NRLA Case Notes
    By Richa Amar& Jonathan M. Cohen
  • Wage and Hour Case Notes
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Connie C. Almond
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung
  • 2012 Educational Seminars Calendar

March 2012 - Volume 26 No. 2

  • Rulemaking and Mediating at the Department of Fair Employment and Housing
    By Annmarie Billotti
  • MCLE Self-Study: Evaluating Pyett -- Hardly a “Clear and Unmistakable” Impact
    By Emma Leheny and Jacob Rukeyser
  • Is Staying at Work an Agreement to Arbitrate? Bayer v. Neiman Marcus Holdings, Inc.
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Case Notes
    By Steven G. Pearl
  • Public Sector Case Notes
    By Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung
  • 2012 Educational Seminars Calendar

January 2012 - Volume 26 No. 1

  • MCLE Self-Study: A New Governor and a New Year Mean Many New Laws for California Employers and Employees
    By Michael S. Kalt, Esq.& David J. Duchrow, Esq.
  • Mandatory Fact-Finding Under the Meyers-Milias-Brown Act
    By Emily Prescott
  • A Practical Overview of the State Personnel Board’s New Regulations
    By Jason Krestoff
  • Ping Pong, Anyone? Draft Your Arbitration Clause to Avoid Bouncing Between Forums
    By Barbara Reeves Neal
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Case Notes
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook& Connie C. Almond
  • NLRA Case Notes
    By Richa Amar& Jonathan M. Cohen
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Timothy G. Yeung
  • 2012 Educational Seminars Calendar

November 2011 - Volume 25 No. 6
Special Issue: California Women’s Suffrage Centennial and the Labor Movement

  • Celebrating the Centennial of Women’s Suffrage in California
    By Karen V. Clopton
  • “To Secure the Labor Vote:” The Wage Earners’ Suffrage League and the 1911 Push for Suffrage in San Francisco
    By Susan Englander
  • Woman Lawyer: The Trials of Clara Foltz by Barbara Babcock
    Book Review by Mary L. Topliff
  • MCLE Self-Study: Challenging AT&T Mobility LLC v. Concepcion: Can PAGA or the NLRA Avoid the Supreme Court’s Decision?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    by Steven G. Pearl
  • Public Sector Case Notes
    By: Stewart Weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Introducing the Labor and Employment Law Section’s New Executive Committee Members
  • Message From the Chair
    By Timothy G. Yeung

September 2011 - Volume 25 No. 5

  • MCLE Self-Study: Harmonization and “Gap Filling”: 10 Years of the MMBA at PERB
    By Timothy G. Yeung & Erich Shiners
  • Lawful and Effective Use of a Human Resources Expert Witness
    By James J. McDonald, Jr.& Charles A. Conine, SPHR
  • Drafting Class Action Waivers in the Wake of AT&T Mobility v. Concepcion
    By Barbara A. Cotter
  • Have You Googled Your Arbitrator Today?
    By Barbara Reeves Neal& Hon. Richard C. Neal (Ret’d.)
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Stewart Weinberg& Kerianne Steele
  • NLRA Case Notes
    By Jonathan Cohen& Richa Amar
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

 July 2011

  • MCLE Specialty Credit in Ethics: Attorneys Conducting Workplace Investigations:
    Avoiding Traps for the Unwary

    By Lindsay E. Harris and Mark L. Tuft
  • When a Discharged Employee Claims Discrimination, Will the “Cat’s Paw” Doctrine
    Overcome Evidence That the Decision-Maker Harbored No Discriminatory Bias?

    By Andrew H. Friedman & Michael E. Whitaker
  • Big News in Arbitration: Sonic-Calabasas v. Moreno and AT&T Mobility v. Concepcion
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Michael D. Singer & Jeff Geraci
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

 May 2011

  • MCLE self-study: The Impact of Chapter 11 Bankruptcies on Wage and Hour Class and Collective Actions
    By Patricia Prince & Elizabeth Franklin
  • MCLE Specialty Credit in Ethics: Attorney-Client Communications Lose Privileged Status - On Client Work Computers and at Your Local Coffee Shop
    By Anne Giese
  • To Sell or Not to Sell: Commission-Compensable Tasks in California
    By John P. Martin
  • Mediation Confidentiality After Cassel: Is Everything Confidential?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Frances E. Rogers
  • NLRA Case Notes
    By Jeffrey S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng

 March 2011

  • Mcle self-study: An Introduction to the Basics of Employment Practices Liability Insurance
    By John Barber
  • California Supreme Court Hands Down Victory for Employers in Tip Pooling Cases
    By Tracey Kennedy & Mathew Tobias
  • Class Action Waivers in California After Stolt-Nielsen
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Michael D. Singer
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • A Phoenix Rises from the Budgetary Ashes
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

January 2011

  • MCLE Self-Study: Applying the Same- Actor Rule to Defend Against a Claim of
    Discrimination

    By Andrew H. Friedman & Michael E. Whitaker
  • New Labor & Employment Laws for 2011
    By Erich Shiners & Michael S. Kalt
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Connie Almond
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

November 2010

  • City of Ontario v. Quon: Evolution of a Narrowly-Decided Landmark Ruling
    By Kent L. Richland
  • MCLE Self-Study: California Supreme Court Clarifies the Definition of “Employer” in Minimum Wage Actions
    By Terry O’Connor & Effie Anastassiou
  • Gateway Issues in Arbitration
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Michael Singer
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Wilmer Harris

September 2010

Special Issue: Disability Discrimination Law

  • MCLE Self-Study: When the FEHA and the Labor Code Collide: Practical Tips for Reconciling California’s Disability Accommodation and Workers’ Compensation Requirements
    By Daniel A. Ojeda
  • It Takes Two To Tango: The Interactive Process Dance
    By Patricia C. Perez
  • Navigating Employment Issues for Individuals with Cancer
    By Dianne Prado
  • Pearson Dental Supplies, Inc.: An Exception That Will Swallow the Rule?
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook & Connie C. Almond
  • NLRA Case Notes
    By Jeffery S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

July 2010

75th Anniversary of Naional Labor Relations Act Issue

  • The National Labor Relations Act at 75
    By Peter C. Schaumber
  • MCLE Self-Study: The Steelworkers Trilogy at Fifty Years: Judicial Authority vs. Private Adjudication of Labor-Management Disputes
    By Barry Winograd
  • National Labor Relations Act History-Makers
    By John Higgins
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Sarah Beard & Sheena Wadhawan
  • Public Sector Case Notes
    By Stewart Weinberg & Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

May 2010

  • Planning for the Wage and Hour Class Action Mediation
    By Peter Rukin and Jeff Grube
  • MCLE Self-Study: Tip-Pooling or Tip- Allocation? How the Law Applicable to Tip Policies Evolved in 2009
    By George W. Abele & Katherine C. Huibonhoa
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Is One Deposition Enough? Limitations on Discovery in Arbitration Clauses
    By Joel M. Grossman
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie C. Almond
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

March 2010

  • Fear the Tweet! Online Social Networking in the Workplace and the Courtroom
    By Sascha M. Gleckler
  • Workers’ Compensation and You: A Primer for Employment Attorneys
    By Barry Lesch
  • Employment Law Case Notes
    By anthony J. Oncidi
  • Wage and Hour Update
    By Sarah Beard and Sheena Wadhawan
  • Public Sector Case Notes
    By Stewart weinberg and Kerianne Steele
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis w. Cheng
  • Book Review
    By Patti R. Roberts
  • Sleeping With the Enemy?
    By Kerri N. Spragan
  • Message From the Chair
    By Patti Perez

January 2010

  • Hidden Cameras in the Workplace: Hernandez v. Hillsides and the Permissible Scope of Employee Surveillance
    By Laura Wilson Shelby and Holger G. Besch
  • New Labor & Employment Laws for 2010
    By Michael S. Kalt and Erich Shiners
  • Specialty Credit MCLE Self-Study Mediation Ethics
    By Michael Marcus
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Enforcing—or Opposing— Arbitration Clauses in Employment Agreements
    By Joel M. Grossman
  • NLRA Case Notes
    By Jeff S. Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Civil Rights Legends and Pioneers Honored at State Bar Annual Meeting
    By Phyllis W. Cheng
  • Message From the Chair
    By Patti Perez

November 2009

  • Has Judicial Activism Motivated the George Court's Interpretation of the FEHA? The Answer Depends on How You Define “Judicial Activism” and Whom You Ask
    By Noah D. Lebowitz and Michael E. Whitaker
  • MCLE Self-Study - Ricci: The Title VII Conundrum
    By Elizabeth A. Franklin and Patricia Prince
  • California Supreme Court Expands the Boundaries of Employment Class Actions
    By Scott Dunham & Ryan Rutledge
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Introducing New Members
  • Message From the Chair
    By Patti Perez

September 2009

  • MCLE Self-Study Celebrating 50 Years of Fair Employment Laws in California: “The Real and Earnest Journey Into Equality and Freedom for All”
    By Nikki Hall
  • FEHA History-Makers
    By Phyllis W. Cheng
  • No Mixed-Motive Instructions in ADEA Cases . . . At Least for Now
    By Michael S. Kalt and Lois M. Kosch
  • FEHA by the Numbers: Preview of a Forthcoming Study
    By Gary Blasi and Joseph Doherty
  • SPECIALTY CREDIT MCLE Self-Study Eliminating Bias in the Legal Workplace and Beyond
    By Karen V. Clopton
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce Barsook and Connie M. Chuang
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Karen Valentia Clopton

July 2009

  • California Layoff Basic - Two Perspectives
    Annmarie Billotti, Anna Segobia Masters & Benjamin Ikuta
  • MCLE Self-Study: The Pyett Decision: A Major Shift in Doctrine, but Limited Impact
    By Barry Winograd
  • California Supreme Court Clarifies When State Civil Service Employees May File a Whistleblower Complaint
    By Bruce Monfross
  • When the FEHA and Arbitral Statutes of Limitation Collide: Pearson Dental Supplies, Inc.
    By Joel M. Grossman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Karen Valentia Clopton

May 2009

  • MCLE Self-Study: The California Supreme Court Confirms in Spielbauer v. County of Santa Clara That Public Employers May Dismiss Public Employees for Refusing to Answer Questions Posed During Administrative Interviews
    By Lori E. Pegg and Marcy Berkman
  • When Can an Employer Conclude That a Disabled Employee On an Indefinite Leave of Absence Cannot Perform The Job's Essential Functions? A Cautionary Tale
    By Tyler Paetkau
  • Scope of Prevailing Wage Law Expanded in 2008
    By Dennis Cook
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message From the Chair
    By Karen Valentia Clopton

March 2009

  • MCLE Self-Study: Religious Accommodation in California: How the Fair Employment and Housing Act Protections Compare to Title VII
    By Alan J. Reinach
  • An Overview of the New FMLA Regulations
    By Jamerson C. Allen
  • Equitable Tolling of the FEHA Statute of Limitations
    By Christopher Brizzolara, Gregory W. Smith, Bradley C. Gage, & Douglas G. Benedon
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard and Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • NLRA Case Notes
    By Jean Shin
  • When a Settlement Is Not Really a Settlement: Kullar v. Foot Locker Retail, Inc.
    By Joel M. Grossman
  • Cases Pending Before the California Supreme Court
    By phyllis w. Cheng
  • Book Reviews
    By Patti R. Roberts
  • Message From the Chair
    By karen Valentia Clopton

January 2009

2009 CIVIL RIGHTS YEAR
The State Bar Labor & Employment Law Section has joined with the California Department of Fair Employment & Housing to celebrate the FEHA's half-century mark. Throughout 2009, look for articles and special features in each issue of the Law Review with a special focus on the FEHA.

  • Fitness-for-Duty Examinations: Assessing the Legal Rights and Obligations under the Fair Employment and Housing Act and Related Laws From the Employer and Employee Perspectives
    By Mary L. Topliff, Esq., and Angela K. Perone, Esq.
  • MCLE Self-Study California Restrictive Employment Covenants After Edwards
    By James Pooley, Esq. and Professor Mark Lemley
  • New Labor and Employment Laws for 2009
    By Michael S. Kalt and Erich Shiners
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Update
    By Lois M. Kosch
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie M. Chuang
  • NLRA Case Notes
    By Jeff Bosley
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message From the Chair
    By Karen Valentia Clopton

November 2008

  • The Employee Free Choice Act:
    • Why We Need It
      By B.J. Chisholm and Scott Kronland
    • Why We Don't
      By George S. Howard, Jr.
  • Miklosy v. Regents of the University of California: The California Supreme Court Confronts the Whistleblower Protection Act
    By Dennis Peter Maio and Paul D. Fogel
  • MCLE Self-Study
    Fired on the (Hot) Spot? How California's Right to Privacy May Protect Employees From
    Blog-Based Termination
    By Paul Christopher E. Torio
  • Introducing the Labor and Employment Law Section's New Executive Committee Members
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Reaching Excellence and Integrity Together: An Introduction of the New Chair of the State Bar's Labor & Employment Law Executive Committee

September 2008

  • Application of the FMLA/CFRA Medical Certification Process for an Employee's Serious Health Condition After Lonicki v. Sutter Health Central
    By Elizabeth Kristen
  • Lonicki v. Sutter Health Central: A Perspective From the Management Trenches
    By Judith Droz Keyes
  • Legal Challenges Raised by Employer-Mandated Wellness Programs
    By Theodora R. Lee
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie M. Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jeff Bosley
  • Wage and Hour Update
    By Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair
    By Phil Horowitz

July 2008

  • Clear Sailing: Choice of Law in Cross-Border Employment Agreements
    By Ariel D. Weindling, Esq.
  • MCLE Self-Study Jones v. The Lodge at Torrey Pines: California Supreme Court Rejects
    Personal Liability for Retaliation Claims
    By Regina A. Petty and Michael S. Kalt
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Book Review
    By Patti R. Roberts
  • Message from the Chair
    By Phil Horowitz

May 2008

  • How Those Jerks at Work Create Liability Problems for Employers
    By Emily Prescott & Genevieve Ng
  • MCLE Self-Study: Employers Not Required to “Accommodate” Employees' Medical Marijuana Use
    By D. Gregory Valenza
  • The Impact of Limiting Workforce-Wide Lawsuits on Low-Wage Workers
    By Julie Montgomery
  • U.S. SupremeCourt Insists that “Me Too” Evidence BeConsidered on a Case-by-Case Basis
    By Doug Dexter & Diego Acevedo
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Alan Berkowitz and Dan Feldstein
  • Wage and Hour Update
    By Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Practical Ways to Deal With Workplace Bullies
    By Patricia C. Perez, Esq., SPHR
  • Message from the Chair
    By Phil Horowitz

March 2008

  • MCLE Self-Study: The Employment Lawyer's Guide to California Anti-slapp Law
    By Benjamin G. Shatz and Cameron Fredman
  • The NLRB and California Supreme Court Provide Important Guidance Concerning Interplay Between Property and Speech Rights
    ByJeffrey S. Bosley and Nicole Friedenberg
  • A Matter of Logic—California Supreme Court Says a Plaintiff Must Show Ability to Perform Essential Duties in Green v. State of California
    By Michelle Logan-Stern
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • ADR Case Notes
    By Steven H. Kruis, Esq.
  • Wage and Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair
    By Phil Horowitz

January 2008

  • Labor and Employment Law—The Next Twenty-five Years
    By Honorable Joseph Grodin
  • MCLE Self-Study Family Responsibilities Discrimination: What Employers Need to Know RIght Now
    By Margaret E. Murray
  • Gentry v. Circuit City: California Supreme Court Holds Class Action Waivers Are Subject to Scrutiny
    By Matthew Righetti and Erin Winters
  • Prachasaisoradej v. Ralph's Grocery: Profit-Based Incentive Plans Given the Green Light
    By Daniel Gonzalez
  • A Clash of Fundamental Rights: Redefining Peace Officer Privacy Rights Through the California Public Records Act
    By Michael E. Whitaker and Tyler Clark
  • Labor & Employment Law Section Survey Results
    By Karen V. Clopton
  • Out With the Old, in With the New: New Laws for 2008
    By Michael S. Kalt, Tessa P. Yutadco and Erich W. Shiners
  • Public Sector Case Notes
    By Bruce A. Barsook and Connie M. Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Alan Berkowitz and Daniel Feldstein
  • ADR Case Notes
    By Steven H. Kruis, Esq.
  • Wage and Hour Update
    By Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • 2008 Program Update
  • Book Review
    By Patti R. Roberts

November 2007

  • Navigating the Minefield: What Employment Litigators Should Know When Their  Clients or Clients' Adversaries File Bankruptcy
    By Theodore A. Cohen, Esq.
  • MCLE Self-Study: New FEHC Regulations Interpret Sexual Harassment Training Law
    By Ann M. Noel
  • San Francisco's Paid Sick Leave Ordinance
    By Nancy G. Berner
  • Grievance Mediation 101
    By Paul D. Roose
  • Introducing the Labor And Employment Law Section's New Executive Committee Members
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • ADR Case Notes
    By Michael S. Kalt
  • Wage & Hour Update
    By Donna Ryu, Sara Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair
    By Phil Horowitz

September 2007

  • Twenty-Five Years of Wrongful Termination Law—The Legacy of Tameny v. Atlantic Richfield Co.
    By Barbara Cotter
  • In the Beginning . . . The Birth of the Labor and Employment Law Section
    By John Cumming and Bruce Barsook
  • How Might Ledbetter v. Goodyear Impact California Law?
    By Mary L. Topliff
  • California Wage and Hour Law—A Twenty-Five Year Trajectory
    By Miles Locker
  • Due Process in Public Employment: Thirty-Two Years After Skelly v. State Personnel Board
    By Kathy E. Mount
  • The State of the Union: A Profile of Union Membership in Los Angeles, California, and the United States
    By Ruth Milkman and Bongoh Kye
  • Public Sector Case Notes
    By Connie Chuang and Bruce Barsook
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Alan Berkowitz and Dan Feldstein
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Book Review
    By Patti Roberts

July 2007

  • California Supreme Court Says Meal and Rest Payments Are Wages, Not Penalties, in Murphy v. Kenneth Cole Productions, Inc.
    By Sarah Beard, Matthew Goldberg, and Donna Ryu
  • You Can't Stop Love: Managing Workplace Romance
    By Timothy Yeung
  • MCLE Self-Study Saints and Sinners in the Workplace: A Survey of Religious Accommodation Cases
    By Andrew H. Friedman
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • Wage and Hour Case Notes
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Public Sector Case Notes
    By Connie Chuang, Bruce Barsook, and Stewart Weinberg
  • ADR Case Notes
    By Michael S. Kalt
  • NLRA Case Notes
    By Alan Berkowitz and Daniel Feldstein
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test

May 2007

  • Decision Holding the NLRA Applicable to Tribal Commercial Enterprises Leaves Many Unanswered Questions
    By Joseph Turzi and Gary Moss
  • Labels Versus Reality: When Is A Partner Really An Employee?
    By Tyler M. Paetkau
  • AFTER FAIR v. BAKHTIARI: Sealing the Deal in Mediation
    By Barry Winograd
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Wage & Hour Update
    By Tony Skogen
  • MCLE Self-Assessment Test
  • Update - Status of Fair Employment and Housing Commission Sexual Harassment Training Regulations
    By Ann M. Noel

March 2007

SPECIAL PUBLIC SECTOR ISSUE

  • MCLE Self-Study Claremont Police Officers Association v. City of Claremont: The California Supreme Court Reaffirms the Existence of Management Rights
    By Charles Sakai and Emily Prescott
  • Diversity Without Discrimination, or How to Reconcile Proposition 209 and Title VII: California Supreme Court Gives Leeway to Government Employers and Does Not Defer to Interest Arbitration
    By Linda M. Ross
  • Using the Computer Fraud and Abuse Act in Employment Cases
    By Paul S. Chan and John K. Rubiner
  • Public Sector Case Notes
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Jean Shin
  • ADR Case Notes
    By Michael S. Kalt
  • Wage And Hour Update
    By Donna Ryu, Sarah Beard, and Matthew Goldberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • New Member Benefit: Case Law Alerts
  • Message from the Chair A Bit of Cap-Doffing to Our Public Sector Colleagues
    By Wendy Rouder

January 2007

  • California Supreme Court Shuts the Dore on Ambiguity In “At-Will” Employment Agreements— Less Might Be More
    By Gregory M. Bergman
  • MCLE Self-Study: “When Johnny (and Jenny) Come Marching Home Again, Hurrah! Hurrah! . . .They'll be Protected by USERRA, Hurrah! Hurrah!”
    By Michael S. Kalt, Esq.
  • Department of Labor Seeks Public Comment on Family Medical Leave Regulations in Connection With Possible Rule Revision
    By Lois M. Kosch
  • Don't Fall into an Employment Tax Liability Trap: A Survey of California Law
    By John A. Vogt, Esq.
  • Sometimes, More is Just More—Make Your Next Labor Arbitration More Efficient With These Insider Insights
    By Margaret Brogan and Barry Winograd
  • New Year, New Laws: Changes to the California Employment Landscape for 2007
    By Shane K. Anderies and Cara Ching-Senaha
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    By Bruce Barsook and Connie Chuang
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test
  • Message from the Chair: Take a Transsexual Lawyer to Lunch
    By Wendy Rouder

October 2006

  • Garcetti v. Ceballos: Clarifying the Constitutional Dimensions of Public Employee Speech
    By Jin S. Choi
  • Navigating Uncertainty: An Inside Look at the ADA and FEHA Disability Requirements
    By Daniel A. Ojeda
  • Not Just a Matter of Chromosomes: A Comparison of Protections for Transgender Individuals under Title VII and the FEHA
    By Tzu Chuan Teng
  • Introducing the Labor and Employment Law Section's NEW Executive Committee Members
  • A Tale of Two Cases: Jenkins v. County of Riverside
    By Stewart Weinberg
  • Employment Law Case Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Emma Leheny
  • Wage and Hour Case Notes
    By Donna Ryu, Sarah Beard & Matthew Goldberg
  • Public Sector Case Notes
    By Stewart Weinberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message from the Chair
    By Wendy Rouder

August 2006

  • MCLE Self-Study: “So This Guy Walks Into a Bar . . . .”: Dirty Jokes and Vulgar Language in the Workplace After the California Supreme Court's “Friends” Decision
    By Adam Levin and Taylor Ball
  • Organizing Silicon Valley's High-Tech Workers
    By David Bacon
  • The Adverse Impact of Work Visa Programs on Older U.S. Engineers and Programmers
    By Norman S. Matloff, Ph.D.
  • The Economics of Outsourcing
    Benjamin Powell, Ph.D., and Matt Ryan
  • Book Review: Employment Practices in the Digital Gaming Industry
    By Phyllis W. Cheng
  • Employment Law Notes
    By Anthony J. Oncidi
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    By Connie Chuang
  • U.S. Supreme Court Employment Decisions
    By the Editors
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • Message from the Chair
    By Tony Skogen

June 2006

  • MCLE Self-Study A 10-Year Retrospective of Significant Cases under the FEHA
    By Gregory J. Fisher and Annmarie Billotti
  • Message from the Chair
    By Tony Skogen
  • Representing Immigrant Workers
    By Della Bahan and Puja Batra
  • Evidence Code Section 1106 Bars Evidence of Sexual Conduct—Except When It Permits It
    By Phillip R. Maltin
  • Book Review
    By Patti R. Roberts
  • Employment Law Notes
    By Anthony J. Oncidi
  • NLRA Case Notes
    By Emma Leheny
  • Public Sector Case Notes
    By Stewart Weinberg
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng

April 2006

  • MCLE Self-Study: Social Security Administration No-Match Letters and Collective Bargaining Agreements
    By Monica T. Guizar and Marielena Hincapíe
  • Howard Stern's Lessons for Lame Duck Employees
    By Robert S. Nelson, Esq.
  • Rethinking Individual Liability and “Adverse Employment Actions” After Yanowitz v. L'Oreal, Inc.
    By Ronald W. Novotny
  • Supreme Court Upholds SPB's Exclusive Jurisdiction Over State Civil Service Disciplinary Actions
    By Dorothy Bacskai Egel and Elise S. Rose
  • Unilateral Implementation of Terms and Conditions of Employment: Public Employers' Rights and Limitations
    By Bruce A. Barsook*
  • Employment Law Notes
    By Anthony J. Oncidi
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    By Jill Babbington
  • Book Review
    By Patti R. Roberts
  • Book Review
    By David Borgen
  • ADR Case Notes
    By Lois M. Kosch
  • MCLE Self-Assessment Test

February 2006

  • MCLE Self-Study
    SUMMARY JUDGMENTS RECONSIDERED: The California Supreme Court Resolves a Conundrum
    by Phyllis W. Cheng
  • Motions for Summary Judgment: Practical Tips for Defense Counsel in an Employment Discrimination Case
    by Michael S. Kalt and Hugh Kim
  • Guidelines for Opposing Summary Judgment in California
    by Maria Diaz
  • MCLE Self-Assessment Test
  • New California Employment Laws for 2006: The Legislature Takes a Breather
    by D. Gregory Valenza and Cara Ching-Senaha
  • FEHC Regulations
    by Jo Anne Frankfurt
  • Employment Law Notes
    by Anthony J. Oncidi
  • Public Sector Case Notes
    by Stewart Weinberg
  • EEO Case Notes
    by Donna M. Ryu
  • NLRA Case Notes
    By Emma Leheny
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Book Review
    by Carol Vendrillo
  • Message from the Chair
    by Tony Skogen

November 2005

  • Seniority Can't Trump Merit—Preserving A Fair, Merit Based Selection Process For California's State Civil Service
    by Dorothy Bacskai Egel and Elise S. Rose
  • Message from the Incoming Chair
    by Tony Skogen
  • New Executive Committee Members
  • When Two Social Goals Collide: The Rights and Responsibilities of Employers, Employees and Job Applicants in Light of California's Updated Megan's Law
    By John Crowder
  • Employment Law Notes
    By Anthony J. Oncidi
  • NLRB Update
    By Alan Berkowitz and Daniel Feldstein
  • EEO Case Notes
    By Joseph H. Duff
  • Public Sector Case Notes
    By Jill Babington
  • Cases Pending Before the California Supreme Court
    By Phyllis W. Cheng
  • MCLE Self-Assessment Test

September 2005

  • California Mandates Sexual Harassment Training of Supervisors
    by Anthony J. Oncidi
  • Message from the Outgoing Chair
    by Toni J. Jaramilla
  • The Impact of Jackson v. Birmingham Board of Education on Laws Governing California's School Employees
    by Erich Shiners
  • Offshore Outsourcing and Worker Rights
    by Theodore J. St. Antoine
  • The Non-statutory Labor Exemption to the Antitrust Laws: Its Development and Contemporary Application
    by Olivia W. Karlin
  • Reassessing Individual Liability for Retaliation under FEHA in Light of McClung v. Employment Development Department
    by Michael S. Kalt
  • The California Supreme Court Overturns Practice of the Public Employment Relations Board Applying a Three Year Statute of Limitation to Unfair Labor Practice Charges Filed Under the Meyers-Milias Brown Act
    by Lisa Garvin Copeland
  • Book Review
    by Patti Roberts
  • Book Review
    by Wendy P. Rouder
  • Employment Law Notes
    by Anthony J. Oncidi
  • NLRB Case Notes
    by Emma Leheny
  • Public Sector Case Notes
    by Stewart Weinberg and Anne Yen
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • MCLE Self-Assessment Test

July 2005

Volume 19, No. 3

  • Employment Law Class Actions: The Latest Developments and Trends
    by Joan B. Tucker-Fife and Tyler M. Paetkau
  • Prisoners of Hope: Welfare to Work in Los Angeles
    by Daniel Flaming
  • Book Review of Litigating Employment Discrimination Cases by Andrew Friedman
    by Patti R. Roberts
  • California Employment Law Notes
    by Anthony J. Oncidi
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • NLRB Update
    by Alan Berkowitz and Daniel Feldstein
  • Public Sector Case Notes
    by Jill Babington and Michael Blacher
  • EEO Case Notes
    by Theresa Tracy

May 2005

Volume 19, No. 2

  • Down the Rabbit Hole: California Courts Turn Arbitration Upside Down
    by Henry M. Willis
  • New Board Members
  • Navigating the Rough Seas of Affirmative Action in Employment in the Wake of California's “Proposition 209”
    by Jordan T.L. Halgas, J.D.
  • Under New Leadership, the Department of Fair Employment and Housing Looks to the Future
    by Janie Hickok Siess
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • NLRA Case Notes
    by Emma Leheny
  • Public Sector Case Notes
    by Stewart Weinberg
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Legislature Moves to Increase Importance of DLSE Hearings
    by Jon-Erik G. Storm

March 2005

Volume 19, No. 1

  • The Increasing Use of California's Unfair Competition Law in Wage & Hour Litigation and a Wide Variety of Other Employment Cases
    by Julia Lapis Blakeslee
  • Message from the Chair
    by Toni J. Jaramilla
  • WAGE AND HOUR UPDATE
    by Tony Skogen
  • California Employment Law Notes
    by Anthony J. Oncidi
  • EEO CASE NOTES
    by Teresa Tracy
  • NLRB Case Notes
    by Tyler Paetkau, Alan Berkowitz, and Dan Feldstein
  • PERB Case Notes
    by Stewart Weinberg
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Book Review
    by Patti R. Roberts

December 2004

Volume 18, No. 6

  • Buckle Up: New Law Creates Mandatory Sexual Harassment Training in California
    by Matthew Goodin
  • Comments from the Chair
    by Toni J. Jaramilla
  • Message from Outgoing Chair
    by Tyler M. Paetkau
  • Garment Workers and Community Groups Sue Sweatshop Owners for Unpaid Wages, Penalties and Damages
    by Doris Ng
  • Entering the Labyrinth of Pregnancy Leave Laws
    by Nate Kowalski and Adriana Cara
  • Plaintiffs' Perspective on Alch v. Superior Court and Brooks v. William Morris Agency
    by Jocelyn D. Larkin
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • Recent Amendments to the Fair Employment and Housing Act
    by Joanne Frankfort
  • NLRA Case Notes
    by Emma Leheny
  • Public Sector Case Notes
    by Steven M. Kroll and Michael Blacher
  • ADR Case Notes
    by Lois M. Kosch
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

October 2004

Volume 18, No. 5

  • A Deceptively Simple Decision: Employer Liability in California for Supervisory Sexual Harassment after McGinnis
    by Joy Jaeger
  • Sav-On Drugs Decision: California Supreme Court Reaffirms Trial Court's Power to Decide Whether A Class Action Should Be Certified
    by Thomas Kaufman
  • Benefit Fund Litigation in the Southern California Supermarket Strike
    by Michael D. Four and Henry M. Willis
  • Superior Court Rejects Constitutional Challenge to Living Wage Ordinance
    by Eileen Goldsmith
  • NLRB Strips Graduate Student Employees at Private Universities of Collective-Bargaining Rights
    by Bernhard Rohrbacher
  • California Legislative Report
    by Sam McAdam
  • Employment Law Notes
    by Anthony J. Oncidi
  • Alch v. Superior Court: Court of Appeal Reinstates TV Writers' Age Discrimination Cases Against Studios, Networks, and Agents
  • EEO Case Notes
    by Teresa Tracy
  • Public Sector Case Notes
    by Stewart Weinberg and Anne I. Yen
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

August 2004

Volume 18, No. 4

  • Separation Anxiety: What an Employer and an Employee Need to Know When the Employee Starts a Competing Company
    by Stephen P. Wiman
  • Employer-Paid Health Care for Retirees: Goodwill Evolving Into Contractual Liability?
    by Jaime M. Gher
  • Premium Overtime Pay for Attorneys?
    by Robert A. Jones
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • ADR Case Notes
    by Lois M. Kosch
  • Public Sector Case Notes
    by John R. Yeh and Neha M. Sampat
  • NLRB Developments
    by Tyler Paetkau, Alan Berkowitz, and Daniel Feldstein
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Excerpts from Wal-Mart Stores Class Certification Decision

June 2004

Volume 18, No. 3

  • Applying an Old Statute to New Technologies in the Workplace: An Employer Perspective of the Issues
    by Victor Schachter
  • A Union Perspective: The Challenge of Applying the NLRA to New Technologies in the Workplace
    by Stacey Leyton
  • Incentive Awards to Class Representatives in Class Action Settlements
    by Jocelyn D. Larkin
  • The Cargill Decision–What Does It Mean for California Employers?
    by Mark H. Meyerhoff
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa Tracy
  • Public Sector Case Notes
    by Martin Fassler
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

April 2004

Volume 18, No. 2

  • New Immigrant Farm Worker Bill Balances Interests of Growers and Workers
    by Douglas Elliott
  • From the Chair
    by Tyler M. Paetkau
  • Applying the Overtime Rules: Are “Commissioned” In-House Mortgage Originators and Other Mortgage Company Employees Entitled to Overtime Pay?
    by Mark R. Thierman
  • Case Commentary: Jalali v. Root -- What Is the Measure of Damages for Bad Tax Advice?
    by Theda “Teddy” Snyder
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Donna M. Ryu
  • Public Sector Case Notes
    by Stewart Weinberg and Anne I. Yen
  • NLRA Case Notes
    by Emma Leheny
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • Book Review: White-Washing Race, The Myth of a Color-Blind Society by Michael K. Brown, Martin Carnoy, Elliott Currie, Troy Duster, David B. Oppenheimer, Marjorie M. Shultz and David Wellman
    by Patti R. Roberts

February 2004

Volume 18, No. 1

  • Enforcing Living Wage Ordinances in California
    by Eileen B. Goldsmith
  • Managing Suspected Abuse of Family and Medical Leave
    by Rod M. Fliegel and Andrea Kelly-Smethurst
  • Just Apply Yourself: A Plaintiff's Failure to Apply in Failure to Hire or Promote Claims
    by Mathew Goodin
  • Advocates Invited to National Academy of Arbitrators Annual Meeting in Las Vegas
    by Frank Silver
  • Employment Law Notes
    by Anthony J. Oncidi
  • ADR Case Notes
    by Lois M. Kosch
  • Public Sector Case Notes
    by Daniel A. Ojeda* and Neha M. Sampat
  • A Busy Year in Employment Law A Look Back at the Year's Decisions on Enforcement of Arbitration Agreements
    by Martin Fassler, Managing Editor
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng
  • A Perspective on the New Affirmative Defense To Damages for Supervisor Sex Harassment
    by Shelley A. Gregory and Patricia A. Shiu

December 2003

Vol. 17, No. 6

  • Governor Davis Goes Out With a Bang!
    by Sam McAdam and Steve Greene
  • Ask the Arbitrator: Troubleshooting Tips for Labor and Management Advocates
    by Ornah Becker
  • Post-War Reconstruction: Dealing With Employees Returning From Military Leave
    by Helen Cicino Carasso and Andrew J. Jaramillo
  • California Employment Legislation Update - October 2003
    by Sam McAdam and Steve Greene
  • NLRA Case Notes
    by Emma Leheny
  • Public Sector Case notes
    by Stewart Weinberg and Anne I. Yen
  • New Officers and Members of the Section's Executive Committee
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa Tracy
  • Book Reviews
    by Phyllis W. Cheng
    [Reviewed: The Majesty of the Law: Reflections of a Supreme Court Justice by Sandra Day O'Connor and How ADR Works, ABA Section of Labor and Employment Law, Norman Brand, Editor]
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

September 2003

Vol. 17, No. 5

  • Returning to Fundamentals: Applying the National Labor Relations Act to Class Action Employment Litigation
    by Mark R. Thierman
  • The Conflicting Appellate Decisions on Communications with Class Members
    by Adam Tullman and Michael Loeb
  • "Can We Talk?" Or, Keeping Your Eyes on the Prize
    by David Borgen
  • Diversity,Affirmative Action, and the Supreme Court
    by Karen Clopton
  • The Sacramento High Dispute: a Microcosm of the Labor and Management Debate Over Charter Schools
    by Daniel Ojeda
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEOC Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Michael Blacher
  • Mandatory Arbitration Update
    by John M. True, III
  • Cases Pending Before the California Supreme Court
    by Phyllis W. Cheng

August 2003

Vol. 17, No. 4

  • Resisting Employer Attempts to Extend Hoffman Plastic Compounds to Title VII
    by Willie Nguyen* and Jennifer C. Chang
  • The Writers. Case:The Sequel Drags On
    by: Anthony J. Oncidi and Russell A. Wetanson
  • Continuing Violation Doctrine Outside The Disability Accommodation Context
    by Miguel A. Neri and Fiel D. Tigno
  • State Supreme Court Recognizes the Broader Protections of the FEHA
    by Claudia Center
  • Banks. Defense Against Class Actions: National Bank Act Preemption
    by Thomas R. Kaufman and Michael L. Gallion
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • NLRA Case Notes
    by Yuan Chen
  • Cases Pending Before the State Supreme Court
  • Public Sector Case Notes
    by Stewart Weinberg* and Anne I. Yen
  • Pending California Employment Legislation 2003-2004
    by Sam McAdam and Steve Greene

May 2003

Vol. 17, No. 3

Mediation of Labor and Employment Disputes: Fifteen Perspectives for Lawyers and Clients

  • Different Forms of Alternative Dispute Resolution: Some Basic Definitions
    by Patti R. Roberts
  • Tips on Preparation for Mediation
    by Richard L. Patsey
  • "To Be or Not to Be" - at the Employment Mediation
    by Barry Winograd
  • Choosing the Right Mediator
    by Linda Hendrix McPharlin
  • Ten Tips for Preparing Your Client for Mediation
    by Patti R. Roberts
  • Mediation in Public Sector Collective Bargaining
    by Norman Brand
  • To Disclose or Not to Disclose: Mediation Negotitation Strategy
    by Michael Ornstil
  • Ethics in Employment Mediation and Arbitration
    by Norman Brand
  • Resolving Mediation's Toughest Challenges
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Gender Bias in Mediation
    by Laura Lane and Anne Wells
  • Drafting the Settlement: Basic Terms for Resolving Employment Litigation
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Just Between Us: The Confidentiality of Mediation Discussions
    by Laura Ziegler Davis
  • Mediation the Northern District Way
    by Wendy Rouder
  • Mediation in the Ninth Circuit Court of Appeals
    by Claudia L. Bernard
  • Mediating Discrimination Claims in California: THe DFEH and EEOC Procedures
    by Mark Keppler

March 2003

Vol. 17, No. 2

  • Ask the Arbitrator: What's the Problem With the New Ethical Standards?
    Introduction by Katherine J. Thomson
    Comments by Sara Adler
  • California's New Paid Family Care Leave Act: Helping Workers Balance Job and Family
    by Patricia A. Shiu and Elizabeth Kristen
  • The Interplay Between Retaliation Claims and False Claims Act Litigation
    by Mark Allen Kleiman
  • The Perils of Attorney-Client Privilege for In-House Counsel
    by Helen Cicino-Carasso
  • David Feller - A Remembrance
    by Judge Marsha S. Berzon
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Nate Kowalski
  • Disability Law Case Notes
    by Kerry McInerney Freeman
  • Cases Pending Before the California Supreme Court
    by Martin Fassler

January 2003

Vol. 17, No. 1

  • Settle the Case -- "Them's Fightin' Words!"
    by William A. Bogdan
  • Representing a Corporation in a Criminal Investigation
    by Nanci L. Clarence and Greg Gilchrist
  • Mediation the Northern District Way
    by Wendy Rouder
  • Legislative Update
    by Sam McAdam and Steve Greene
  • NLRB Forbids Regions' Ex Parte Communications With Supervisors in Organizations Represented by Counsel
    by Joseph Paller
  • Mandatory Arbitration Update
    by John M. True
  • Public Sector Case Notes
    by Stewart Weinberg
  • NLRA Case Notes
    by Emma Leheny
  • EEO Case Notes
    by Teresa R. Tracy
  • Employment Law Case Notes
    by Anthony J. Oncidi

November 2002

Vol. 16, No. 6

  • Employment Law Considerations Raised by Post-Enron, Sarbanes-Oxley Act of 2002
    by Tyler M. Paetkau
  • Comments From the Chair
    by Carol Vendrillo
  • The Years of Living Dangerously -- A Field Guide to the False Claims Act
    by Mark Allen Kleiman
  • Binding Interest "Mediation": Plowing New Ground for California Agricultural Labor Relations
    by Ronald Hoh
  • Current Issues in Attorneys' Fees Litigation -- Part II
    by Richard M. Pearl
  • An Expert Attack on Workplace Violence
    by Helen Carasso
  • EEO Case Notes
    by Teresa R. Tracy
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • Employees Can Sue Directly to Enforce Contract Where Employer Refuses to Arbitrate a Grievance
    by David A. Rosenfeld
  • Employers Can Rely on Illness That Poses a Threat to Self as a Basis to Exclude Persons From Employment
    by Larry Minsky
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Laurie S. Juengert
  • Cases Pending Before the Supreme Court

September 2002

Vol. 16, No. 5

  • The Union's Role in Combating Identity Theft
    by Matthew Morbello
  • What Do In-House Counsel Want?
    by Helen M. Carasso
  • The Personnel Exception to the Open Meeting Law: When Is an Employee Entitled to Notice of a Closed Session?
    by Bruce A. Barsook and Geoffrey S. Sheldon
  • Current Issues in Attorneys' Fees Litigation - Part 1
    by Richard M. Pearl
  • Pending California Employment Legislation
    by Sam McAdam and Steve Greene
  • Resolving Mediation's Toughest Challenges
    by Kenneth N. Silbert & Anita Christine Knowlton
  • The California Labor Work Force Development Agency (A Very Short History and Some Personal Thoughts)
    by John Cumming
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • NLRA Case Notes
    by Yuan Chen
  • Public Sector Case Notes
    by Stewart Weinberg

July 2002

Vol. 16, No. 4

  • A Careful Look at Hoffman Plastic Compounds v. NLRB
    by Ryan D. McCortney
  • The Immediate Aftermath of Hoffman Plastic Compounds
    by Marielena Hincapie
  • Ninth Circuit Decision: Court Has Jurisdiction in Suit by Laborers Against Recruiter and Out of State Employer
    by Cynthia Rice
  • Immigration Consequences of Downsizing
    by Mitchell L. Wexler
  • The Supreme Court Provides a Defense Against Stale Discrimination and Retaliation Claims
    by Thomas R. Kaufman
  • Disability Discrimination Case Notes
    by David D. Kadue
  • ADR Case Notes
    by John True III
  • Ask the Arbitrator: Did the Union Waive Skelly Rights?
    Introduced by Katherine Thomson
    Comments by Jill Klein, Philip Tamoush and Morris Davis
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Avoiding the Pitfalls of Serving as In-House Counsel
    by Karen Clopton
  • Public Sector Case Notes
    by Nate Kowlski and John Cummings

May 2002

Vol. 16, No. 3

  • Yarbrough v. Labor Ready: Class Action to Enforce California Wage Laws
    by David Borgen
  • The Wage and Hour Class Action: A New Union Tactic Aimed at the Temporary Staffing Industry
    by David Ongaro
  • California Appellate Courts Continue to Make Hash of the Workers' Compensation Exclusivity Doctrine
    by Thomas R. Kaufman
  • State Labor Agencies Facing Battles on Many Fronts
  • Pending California Employment Legislation
    by Sam McAdam and Steve Green
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • NLRA Case Notes
    by Steven Ury
  • Public Sector Case Notes
    by Stewart Weinberg
  • Cases Pending Before the Supreme Court
    by Martin Fassler

March 2002

Vol. 16, No. 2

  • The Impact of Two Recent Decisions on FEHA Retaliation Claims Based on Circumstantial Evidence
    by Miguel A. Neri and Fiel D. Tigno
  • Comments From the Chair
    by Carol Vendrillo, Chair
  • The Trial Court Employment Protection and Governence Act: Fundamental Changes to Labor Relations in the Trial Courts
    by Scott Gardner and Karen Sundermier
  • Judicial Council to Propose New Jury Instrucions for Employment Law Cases
    by John Cumming
  • Update on Attorneys' Fees Law: Ninth Circuit Narrows Applicability of Buckhannon
    by Laura Juran
  • Disability Discrimination Case Notes
    by Larry Minsky
  • ADR Case Notes
    by John True III
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • Public Sector Case Notes
    by Nate Kowalski and Michael Blacher
  • EEO Case Notes
    by Teresa R. Tracy
  • Ask the Arbitrator: What Do Arbitrators Do With Surprise Evidence?
    Answer by Arbitrator Mei Bickner
    Introduction by Katherine Thomson
  • Proposed Ethics Rules for Arbitrators
  • Ninth Circuit Holds Circuit City's Arbitration Scheme Unenforceable
  • Cases Pending Before the Supreme Court
  • Final Decision Favors Wards Cove Packing Company

January 2002

Vol. 16, No. 1

  • Armendariz' Viability After Circuit City
    by Claudette G. Wilson and Michael S. Kalt
  • Judicial Council Seeking Comments on Ethics Standards for Arbitrators
  • Catalyst Unplugged: The Impact of the Supreme Court's Buckhannon Decision
    by Laura P. Juran
  • Layoff and Termination Issues Created by the Economic Downturn
    by Linda Hendrix McFarlin
  • LAYOFFS: Are They Legal? And Other Questions
    by Jim Varga
  • How to Engage in the Interactive Process: A Field Guide for California Employers
    by Jennifer G. Redmond and Robin M. Nagel
  • Legislative Update
    by Sam McAdam and Steve Greene
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Stewart Weinberg
  • NLRA Case Notes
    by Stephen Ury
  • New Executive Committee Officers and Members
  • Cases Pending Before the Supreme Court

Winter 2001

Vol. 15, No. 4

  • The Clinton Era National Relations Board: Looking Backward, Looking Forward
    by Stacy D. Shartin and Josh Friedman
  • Notes From the Chair
    by Priscilla Winslow, Immediate Past Chair, Labor and Employment Law Section
  • Managing Performance Problems in the Leave of Absence Context
    by Rod M. Fliegel and Andrea Kelly Smethurst
  • Book Review-“Nickel and Dimed” by Barbara Ehrenreich
  • Some Observations are Common Knowledge, Others Are Insightful and Challenging
    by Judith Droz Keyes
  • The Economic Injustice of Law Wage Work
    by Ellen Greenstone
  • California Supreme Court Extends Time to Sue for Disability Harassment and Failure to Accomodate
    by David Kadue
  • Disability Discrimination Case Notes
    by David Kadue
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Nate Kowalski
  • ADR Case Notes
    by John True III

Fall 2001

Vol. 15, No. 3

  • The Ask the Arbitrator: How Do We Avoid Backlogs and Two-Year-Old Discharge Cases?
    by Arbitrator Gerald McKay, Bill Sokol, and Kathy Aure
    Introduction by Katherine Thomson
  • Is the 1999 Anti-Sweatshop Law Effective? Assembly Bill 633: All Promise, No Bite
    by Christina N. Chung and Julie A. Su*
  • Mediation of Class and Multi-Party Wage & Hour/Overtime Claims
    by Deborah Rothman
  • Special Remedies Under the National Labor Relations Act
    by Julie Gutman, Attorney, NLRB Region 21
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Stewart Weinberg
  • Legislative Update
    by Tyler M. Paetkau
  • IWC Meeting on Vacation Policy
    by Martin Fassler
  • Announcements:
    New Publication Schedule for the Quarterly: Six Issues Each Year
    Labor & Employment Law Section Educational Programs in Your Area
    Cases Pending Before the Supreme Court

Summer 2001

Vol. 15, No. 2

  • The Clinton NLRB: What Is its Legacy?
    by Henry M. Willis
  • Comments from the Chair
    by Priscilla Winslow
  • Considering a Mandatory Arbitration Program for Your Employees?
    by E. Joseph Connaughton
  • Arbitration in the California State University System
    by Philip L. Fetzer and Michael Clark
  • Disabled Per Se: The Revised California Fair Employment and Housing Act
    by Brian Branine
  • Non-Competition Agreements: New Cases Make Them Harder to Enforce in California
    by Alisa K. Wynd
  • Do Circuit City and Armendariz Apply to Arbitrations Under Union Contracts?
    by Martin Fassler
  • Update on Jury Selection Law
    by Thomas Meyer
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler M. Paetkau
  • NLRA Case Notes
    by Steven Ury
  • ADR Case Notes
    by John True III
  • Public Sector Case Notes
    by Nick Kowalski
  • Disability Discrimination Case Notes
    by David D. Kadue

Spring 2001

Vol. 15, No. 1

  • Cal Supreme Court Opinions — A Close Analysis of Asmus and Guz: Different Views of At-Will Employment
    by Joseph R. Grodin
  • Message from the Chair
    by Priscilla Winslow
  • Legal History — Is the Employment-At-Will Doctrine As Old As the State of California? Hardly
    by Donna R. Mooney
  • Sprewell v. Golden State Warriors: An Employer's Defenses Can Raise Section 301 Preemption
    by Tony Skogen
  • Discriminatory Use of Peremptory Challenges: Recent Developments in the Batson Doctrine
    by Thomas M. Meyer
  • Accommodating Carpal Tunnel Injuries Under the Americans with Disabilities Act
    by Matthew A. Goodin
  • Changing the Rules After the Game Has Been Played: The Pitfalls of Applying AB 2222 Retroactively
    by Thomas Kaufman and Michelle Lemley
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Ask the Arbitrator — Discovery or Efficiency in Employment Arbitrations?
    by Katherine Thomson and Barbara Chvany
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • NLRB Decision Notes
    by Steven Ury
  • Recent Public Sector Cases
    by Stewart Weinberg

Winter 2000

Vol. 14, No. 4

  • Staples v. Rent-A-Center: A Case Study on Psychological Testing v. Employees' Right to Privacy
    by Dale L. Brodsky
  • Employee Assistance Programs: What Your Clients Should Know
    by Jennifer Randlett and Rafae Icaza
  • New State Laws: Overtime Pay Who's Eligible, Who's Not
    by David Borgen and Aaron Kaufmann
  • EEOC Regulates Disability-Related Inquiries and Medical Examinations of Employees Under the ADA
    by Eduardo F. Cuaderes, Jr. and Rod M. Fliegel
  • NLRB Case Notes
    by Steven Ury
  • NLRB Changes Course — The NLRA Protects Weingarten Rights of Non-Unionized Workers
    by Christopher J. Pirrone
  • NLRB Revamps Rule on Contingent Worker Organizing, Allowing Regular Employees and Temps to Be in the Same Unit
    by Steven Ury
  • Ask the Arbitrator — Why Won't the Arbitrator Deny a Continuance?
    by Katherine Thomson and Gerald R. McKay
  • Employment Law Case Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler Paetkau
  • Johnson v. Loma Linda — Findings in Administration Hearings Will Be Binding in Labor Court Actions
    by Debra Bray
  • A Union Lawyer's View of Johnson v. City of Loma Linda
    by Stewart Weinberg
  • Dills Act Amendments Change Law on Bargaining After Expiration of the Contract
    by Joel H. Levinson
  • Public Sector Case Notes
    by Cynthia O'Neill and Richard Bolanos

Fall 2000

Vol. 14, No. 3

  • Hiring and Obtaining Temporary Working Status for Foreign-Born Professionals: The Current Law and Proposed Legislative Changes
    by Carl Shusterman
  • Comments from the Chair
    by Emi R. Uyehara
  • The Supreme Court's Armendariz Decision
    California Supreme Court Green LIghts Mandatory Arbitration for All Employment Disputes
    by Anthony J. Oncidi
  • An Arbitrator's Take on the Matter
    by Bonnie G. Bogue
  • Recent Arbitration Decision: A "No-Match" Letter from Social Security Does Not Justify Dismissal of an Employee
    by Martin Fassler
  • The Social Security Administration's "No-Match" Letters Have Unintended Consequences for Many Immigrant Workers
    by Marielena Hincapie
  • An Informal Survey of NLRB Election Results in California
    by Martin Fassler
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Stewart Weinberg
  • NLRA-Related Cases
    by Steven Ury
  • The 18th Annual Meeting of the Labor and Employment Law Section — Brochure
  • Labor and Employment Legislative Update
    by Tyler Paetkau
  • Ask the Arbitrator — Can an Employer No Longer Discipline an Employee for Off-Duty Conduct
    by Franklin Silver; Introduction by Katherine J. Thomson
  • Alternative Dispute Resolution Notes
    by John True, III
  • The Governor's Year 2000 Appoinments
    by Sarah Cohen

Summer 2000

Vol. 14, No. 2

  • California Supreme Court Roundup: The Court's Current Employment Law Docket — Part II
    by Jeffrey B. Demain and Kathleen Morris
  • Comments from the Chair
    by Emi R. Uyehara
  • The "Continuing Violation" Doctrine Revisited: New Limits on a Knowing Plaintiff's Ability to Raise Ancient Claims Under the FEHA
    by Tyler M. Paetkau
  • The Courts Are Consistently Admitting a Broad Spectrum of Evidence in Sexual Harassment Cases
    by Denise J. Serra
  • Evidence Code Section 1106 Regarding "Sexual Conduct" in Hostile Work Environment Sexual Harassment Cases — A New Battleground at Trial
    by Sherri K. McElroy and David J. Heilman
  • Will Labor Code Section 96[k] Affect Discipline Decisions in Public Employment?
    by Melanie Petersen and Peter Fagan
  • Employment Law Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John True, III
  • NLRA-Related Cases
    by Steven Ury
  • EEO Case Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler M. Paetkau
  • ADA Disability Law Case Notes
    by Kerry Freeman and Jonathan Rolnick
  • D.C. Circuit Upholds NLRB Back Pay for Undocumented Workers
    by Martin Fassler
  • Public Sector Case Notes
    by Cynthia O'Neill and Richard C. Bolanos
  • EEOC Opinion: Employers Must Favor Disabled Workers in Job Reassignments
    by Tyler M. Paetkau
  • SPB Asserts Authority to Award General Damages to Victim of Disability Discrimination
    by Frank Adkins

Spring 2000

Vol. 14, No. 1

  • California Supreme Court Roundup: The Court's Current Employment Law Docket
    by Jeffrey B. Demain and Kathleen Morris
  • Adoption of a Labor and Employment Specialization and Certification Is Delayed by State Bar Group
  • Comments from the Chair
    by Emi R. Uyehara
  • California and Federal Views on Employer Liability for Punitive Damages
    by Dov M. Grunschlag
  • Employers' and Emplioyees' Obligations Under the Family and Medical Leave Act
    by Patricia A. Shiu and Joanne C. Chang
  • Retreating from Moorpark: Avoiding an Overexpansive Breadth of Wrongful Discharge in Violation of Public Policy
    by Thomas R. Kaufman
  • Critical Theory Applied to Title VII
    by Roy L. Brooks and Hubert Kim
  • Employment Law Notes
    by Anthony J. Oncidi
  • EEO Case Notes
    by Teresa R. Tracy
  • The National Bank Act v. FEHA — the Case for Implied Partial Preemption
    by Teresa R. Tracy
  • Disability Discrimination Case Notes
    by Larry Minsky
  • Public Sector Case Notes
    by Stewart Weinberg
  • Drafting the Settlement: Basic Terms for Resolving Employment Litigation
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Alternative Dispute Resolution Notes
    by John True, III
  • Case Notes: NLRA-Related Cases
    by Steven Ury
  • Legislative Update
    by Tyler Paetkau and Jeffrey B. Demain

Winter 1999

Vol. 13, No. 4

  • Collective Bargainin California Charter Schools: A Short History of Freedom / A Management Perspective
    by David G. Miller and Daniel A. Ojeda
  • Comments from the Chair
    by Emi R. Uyehara
  • Malpractice Claims Arising from Trial Tactics, Settlement Advice, Withdrawals and Fee Disputes
    by Edward F. Donohue
  • Negotiating AB 633, The Garment Accountability Bill
    by Lora Jo Foo
  • Project Labor Agreements Discourage Bidders on Public Construction
    by Mark R. Thierman
  • The San Francisco Airport Decision: An Unequivocal Victory for Labor
    by Ted Franklin
  • In Memoriam: Victor Van Bourg
    by Laurence P. Corbett and Alan Heineman
  • An Employer's Road Map Through Slander Law
    by Anthony Sperber and Rod M. Fliegel
  • Employment Law Notes
    by Anthony J. Oncidi
  • Disability Discrimination Case Notes
    by Jonathan C. Rolnick and Kerry M. Freeman
  • California Legislative Update
    by Tyler M. Paetkau and Justine Meyer
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • The Revised Uniform Arbitration Act: Will It Resolve the Difficult Issues?
    by Anita Christine Knowlton and Kenneth N. Silbert
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by Alai Kimberly Toure
  • Public Sector Case Notes
    by Cynthia O'Neill and Janice Johnson
  • Labor and Employment Law Section Executive Committee Profiles
  • Bar Association of San Francisco Opposes Specialization

Fall 1999

Vol. 13, No. 3

  • Employer Liability for Third-Party Sexual Harassment: Control, Power, and Expectations
    by Kelly Grogan, Susan Etta Keller and Kelly Vidakovich
  • Legislative Update
    by Tyler M. Paetkau and Justine Meyer
  • Different Views of Aguilar v. Avis:
  • Summary of Supreme Court
          by Katherine Thomson
  • Government-Prohibited Words
          by William Bennett Turner
  • The Workplace Is Not a Street Corner
    by Margaret C. Crosby and Michelle Alexander
  • Ask the Arbitrator: "To Be or Not To Be" — at the Employment Mediation
    by Barry Winograd and Luella E. Nelson
  • Equal Employment Notes
    by Teresa R. Tracy
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • ADA Case Notes
    by Kerry Freeman and Jonathan Rolnick
  • Working 1999
    by Jaffe Dickerson
  • Local Agency Collective Bargaining: If the Time Has Come...
    by Jeffrey Sloan
  • Public Sector Case Notes
    by Stewart Weinberg, Janice Johnson, and Cynthia O'Neill
  • Does California Need a Specialization Exam for the Practice of Labor and Employment Law?: Letters from the Los Angeles County Bar
    by Thomas T. Lewis, Jaffe Dickerson and James G. Varga
  • Wage and Hours Case Notes
    by Ann Hipshman

Summer 1999

Vol. 13, No. 2

  • Joint Liability and the Underground Economy Bill [AB 633]
    by Steve Nutter
  • A Survey of Malpractice Claims Against Employment Attorneys
    by Edward F. Donohue
  • The "One-Flash" Rule: Is Sexual Harassment Law Different When Applied to a Sitting President?
    by Samuel B. Shepherd, Scott B. Joachim and Scott G. Lawson
  • State Bar Moving Toward Labor & Employment Specialization Exam
  • The Corporate Advisor: A Forum for In-House Counsel: Employment Law for the Real World
    by Arnold P. Peter
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • Ask the Arbitrator: "Can the Employer Call the Grievant as a Witness in a Discipline/Discharge Case?"
    by Luella E. Nelson & Kenneth N. Silbert
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Equal Employment Notes
    by Teresa R. Tracy
  • Legislative Update
    by Tyler M. Paetkau and Justine Meyer
  • ADA Case Notes
    by Kerry Freeman and Jonathan Rolnick
  • Public Sector Case Notes
    by Janice Johnson, Cynthia O'Neill, and Stewart Weinberg
  • Effective Employment Case Evaluation
    by Kenneth N. Silbert and Anita Christine Knowlton

Spring 1999

Vol. 13, No. 1

  • Labor and Employment Law Rights of Undocumented Alien Workers
    by Michael Rubin
  • From the Chair
    by Jaffe Dickerson
  • Enforcement of Mediated Settlement Agreements
    by Anita Christine Knowlton and Kennth N. Silbert
  • Attorney Fees Under the FEHA: Splitting Awards with Clients Presents Ethical Concerns
    by Rogert L. Rediger and Laura C. McHugh
  • A Union View of Pete Wilson's Eigh-Year Tenure: The Governor's Consistent Anti-Union Policies Lead to a Revitalized Labor Movement
    by Barry Broad
  • Judicial Review of Arbitration Awards Under Private Sector Collective Bargaining Agreements in California
    by W. Daniel Boone and Theodore Franklin
  • Recent Developments Regarding Judicial Estoppel in Disability Cases
    by Ian P. Fellerman
  • Marquez v. Screen Actors Guild: Supreme Court Approves "Membership in Good Standing" Clauses
    by Ira Gottlieb
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • The Corporate Advisor-A Forum for In-House Counsel. You Say You Are Good: How to Prove It to Your Chief Financial Officer
    by Arnold P. Peter
  • Ask the Arbitrator: Can an Employer Use Prior Disciplinary Records that Have Grown Stale?
    by Luella E. Nelson and Katherine Thomson
  • Equal Employment Notes
    by Teresa R. Tracy

Fall / Winter 1998

Volume 12, Number 4

  • Labor Policy in the Wilson Administration
    by Lloyd W. Aubry, Jr.
  • From the Chair
    by Bonnie G. Bogue
  • Living Wage Ordinances: A Kinder, Gentler Law With Bite
    by Brian Dixon and Kristin E. Hutchins
  • The Los Angeles Living Wage in Operation: A Preliminary Evaluation
    by Richard H. Sander and Sean Lokey, UCLA and the Fair Housing Institute
  • The High Costs of Middle-Ageism
    by Margaret Morganroth Gullette
    (Reprinted from "The Brander's Review," published by Brawer's University)
  • Ask the Arbitrator — The Guilty Grievant and Due Process Violations: What's an arbitrator to do when there's a proven due process violation but the grievant is guilty as charged?
    by Michael Prihar
  • Alternative Dispute Resolution Notes
    by Katherine J. Thomson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • U.S. Supreme Court Gives Broad Construction to ADA in Ruling that Persons with the HIV Virus Are Protected
    by Jonothan Rolnick
  • 1998 Legislation Passed and Failed
    by Priscilla Winslow
  • Equal Employment Notes
    by Teresa R. Tracy
  • Living Wage Ordinances: A Comparative Overview
    by Erica Etelson
  • State Personnel Board Decision Notes
    by Frank Adkins

Spring/Summer 1998

Volume 12, Number 3

  • Labor and Employment Law Section 1998 Research Grant Articles
    by Denise M. DeRose
  • From the Chair
    by Bonnie G. Bogue
  • Unchained Maladies: The Proper Treatment of Asymptomatic Diseases as "Disabilities" Under the Americans With Disabilities Act
    by Christopher David Ruis Cameron and Matthias Wagener
  • ERISA Preemption of State and Local Laws on Domestic Partnership and Sexual Orientation Discrimination in Employment
    by Catherine L. Risk and Julianne Scott
  • A Practitioner's Guide to the First Amendment Defense in Hostile Environment Harassment Cases
    by Eugene Vololkh and Ann Swartzberg Wexler
  • Mea Culpa: Should a Discharged Employee's Post-Discharge Acknowledgment of Misconduct and Rehabilitation Have Evidentiary Weight
    by John B. LaRocco and Darrell S. Steinberg
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by A. Kimberly Toure
  • Who's Running This Show Anyway?
    The Labor and Employment Law Section Executive Committee
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True, III
  • NegotiatingWith Interests: Achieving More Satisfactory Settlements
    by Kenneth N. Silbert and Anita Christine Knowlton
  • Equal Employment Notes
    by Teresa R. Tracy
  • Ask the Arbitrator
    by Luella E. Nelson and Matthew Goldberg

Winter 1998

Volume 12, Number 1

  • After "Ellen," What Next?: Understanding and Responding to Sexual Orientation Bias in the Workplace
    by Susan G. Bluer
  • From the Chair
    by Bonnie G. Bogue
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by A. Kimberly Toure
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Designing the Arbitration Process
    by Anita Christine Knowlton and Kennth N. Silbert
  • Arbitration Is Arbitration Is Arbitration (Or Is It?)
    by Franklin Silver
  • Ask the Arbitrator
    by Lucile E. Nelson
  • Alternative Dispute Resolution Notes
    by John True
  • ADA Case Notes
    by Jonathan Rolnick and Kerry McInerney Freeman
  • State Personnel Board Precedential Decisions
    by Martin Fassler
  • Equal Employment Notes
    by Teresa R. Tracy
  • The Corporate Advisor: Media Savvy (or Why "no Comment" Is Almost Always a Bad Thing)
    by Arnold P. Peter

Summer 1997

Vol. 11, No. 3

  • Damned If You Do, Damned if You Don't: Public Sector Employers' Obligations to Prevent Hostile Work Environments Without Violating Free Speech Rights
    by Aaron D. Kaufmann
  • From the Chair
    by Arnold Peter
  • FLSA White Collar Exemptions Revisited - The Supreme Court Delimits the Salary Basis Test
    by Duane W. Reno
  • New EEOC Enforcement Guidance Narrows Judicial Estoppel Defense in ADA Cases
    by Rebecca D. Kleinmann and Sherri K. McElroy
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True III
  • The Cutting Edge of Liability: Technology in Labor and Employment Law
    by Kimberly Ny. Papillon
  • Legislative Update
    by Priscilla S. Winslow
  • State Personnel Board Decision Notes
    by Martin Fassler
  • The Corporate Advisor: Guest Columnist
    by Richard J. Simmons
  • Equal Employment Notes
    by Teresa R. Tracy
  • Labor & Employment Law Section's 15th Annual Meeting Will Be Held at Universal Studios Hollywood
     

Winter 1997

Vol. 11, No. 1

  • Using the False Claims Act in Whistleblower Litigation
    by Mark Allen Kleinman
  • From the Chair
    by Arnold P. Peter
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • What Every Management Lawyer Should Know About A Plaintiff's Bankruptcy
    Michael G. Morgan Esq. and Michelle Lee Flores Esq.
  • Federal Court Enjoins Enforcement of Proposition 209
    Jesús E. Quiñonez
  • Violence in the Workplace: Reality for Men and Women
    by Holly A.H. Williams
  • Public Sector Case Notes
    by Joseph E. Wiley
  • Scott, Carma, and the Shrinking Duty of Good faith and Fair Dealing
    by Phillip B. Obbard
  • Alternative Dispute Resolution Notes
    by John M. True III
  • The Corporate Advisor
    by Timothy B. Sottile
  • Equal Employment Notes
    by Teresa R. Tracy
  • Courts Grapple with Employee Rights Under Collective Bargaining Agreements and Discrimination Laws
    by Ira L. Gottlieb
  • In Memoriam: David A. Concepcion
  • Legislative Update
    by Priscilla S. Winslow

Fall 1996

Vol. 10, No. 4

  • Navigating Provisions for Negotiating Reasonable Accommodation Under the Americans With Disabilities Act: Strategies and Potential Pitfalls
    by William F. Murphy Esq. And Rod M. Fliegel Esq.
  • From the Chair
    by Michael M. Johnson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True III
  • English Language Requirements in the Workplace: When Are They Legal?
    by Elizabeth Thompson
  • The Corporate Advisor
    by Arnold P. Peter
  • Public Sector Case Notes
    by Joseph E. Wiley
  • President Clinton Signs Sweeping Health Coverage Portability Law
    Reprinted With Permission
    Seyfarth, Shaw, Fairweather & Geraldson, Management Alert (August 21 1996)
  • New Minimum Wage Package Includes Pension Simplification, Damage Award Taxation and Employee Benefits Changes
    Reprinted With Permission
    Seyfarth, Shaw, Fairweather & Geraldson, Management Alert (August 21 1996)
  • Undercover Investigations in the Workplace--How to Make Them Effective and LegalEqual Employment Notes
    by Lee Ann Huntington and Jim Mcginnis
  • State Personnel Board Decision Notes
    by Martin Fassler
  • Equal Employment Notes
    Teresa R. Tracy
  • Legislative Update
    by Priscilla S. Winslow
  • 1997 Appointments to State Bar Committees

Summer/Fall 1996

Vol. 10, No. 3

  • Showcase of Labor and Employment Law Section Research Grant Articles
  • From the Chair: Legislation
    by Michael M. Johnson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution
    by John M True III
  • Forewarned And Forearmed Employees Rights Employers Responsibilities Under The Worker Adjustment And Retraining Notification Act
    by Christopher David Ruiz Cameron And Beverlei E. Colston ©1996
  • The Times They Are A Changing: Recent Trends In Disability Employment Discrimination
    by Sande Buhai Pond
  • Handling Employment Cases In A Law School Clinical Setting
    by Margaret Stevenson, Joshua Gordon and Eric W. Wright
  • The Corporate Advisor: a Forum for In-House Counsel
    by Arnold P Peter
  • Equal Employment Notes
    Teresa R. Tracy
  • ADA Case Notes
    by Anna Segobia Masters and Ellen Brostrom
  • State Personnel Board Decision Notes
    by Martin Fassler
  • Public Sector Case Notes
    by Joseph E. Wiley

Spring/Summer 1996

Vol. 10, No. 2

  • The Aftermath of Lazar V Superior Court: Implications in Evaluating an Employee's Fraud Related Claims
    by Andrew D. Morrison and Gary B. Ross
  • From The Chair
    By Michael M Johnson
  • Wrongful Termination Notes
    By Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John M. True III
  • Barton V New United Motor Manufacturing Inc.: The Adoption of a One Year Statute Of Limitations for The Tort of Wrongful Dischargein Violation of Public Policy
    by Theresa A. Kristovich and Julia Zalba
  • Causation in The Employment Discrimination Case: What is The Standard Under The Fair Employment and Housing Act
    by Kathleen A. Brewer
  • The Corporate Advisor a Forum for In-House Counsel
    by Arnold P. Peter
  • The Hollywood Supports "AIDS in the Workplace" Seminar
    by Michael Grizzi and Lynne Gabriel
  • Equal Employment Notes
    by Teresa R. Tracy
  • Law Revision Commission Proposal to Eliminate Independent Judgment Judicial Review Would Mean End of Successful Challenges to Improper Government Administrative Actions
    by Robert J. Bezemek
  • State Personnel Board Decision Notes
    by Martin Fassler
  • Legislative Update
    by Priscilla Winslow
  • An Analysis of The California and Federal Family and Medical Care Leave Acts
    by Peter J. Brown and Barry M. Ziotowicz

Spring 1996

Vol. 10, No. 1

  • Beyond Mckennon V Nashville Banner Publishing Co.: Using The After-Acquired Evidence Doctrine to Bar Discrimination Claims
    by James F. Elliott and David A. Urban
  • From the Chair
    by Michael M. Johnson
  • Wrongful Termination Notes
    by Anthony J. Oncidi
  • Alternative Dispute Resolution Notes
    by John True
  • Defining The Nebulous "Continuing Violations" Theory in Untimely Sexual Harassment Cases
    by Tyler M. Paetkau
  • The Corporate Advisor: a Forum for In-House Counsel
    by Arnold Peter
  • An Invitation to Litigation
    by Jacqueline M. Jauregui
  • Equal Employment Notes
    by Teresa R. Tracy
  • Public Sector Case Notes
    by Joseph E. Wiley
  • Workers Compensation Exclusivity Over IIED Claims: How The Compensation Bargain Became So Expensive For California Employers
    by Michael G. Morgan
  • From The Editors
    A Solicitation of Articles Representing All Viewpoints
  • Legislative Leqislative Update
    Priscilla S. Winslow