Section Labor and Employment Law

The Employment and Labor Law Section is comprised of a diverse group of members of the Employment Law community. The section provides a forum and offers continuing legal education (CLE) programs for neutrals and management, and labor and employee attorneys to meet and discuss current developments affecting their practices.

Section Chairs

Cara F. Barrick
415 536 3424
cara.barrick@ogletree.com

Jenny Schwartz
415 638 8800
jschwartz@outtengolden.com

Notices

Administrative Order 20-06

Updated April 1, 2020

Main County Superior Court Uniform Local Rules 2

Updated July 1, 2019

Update Emergency Orders to Administrative Orders 20-06

Updated April 6, 2020

Tue | Mar 09

12-1P

Labor and Employment Law

Labor & Employment Law Section Meeting

Back to the Future Roundtable Discussion

The California Family Rights Act: A Dramatic Expansion Brings Leave Requirements to Small Employers

Dec 06, 2020
By Lisa Spann Maslow

Starting January 1, 2021, a dramatic expansion of the California Family Rights Act (CFRA) requires California employers with a mere five or more employees to grant workers up to 12 weeks unpaid leave per year for family care, medical leave and/or military family leave. The new law repeals and replaces both the existing CFRA and the New Parent Leave Act, which currently apply to employers with at least 50 and 20 employees, respectively. To qualify for leave, an employee must have completed at least one year’s service (including 1,250 hours worked in the preceding 12 months). An employer must reinstate the employee to the same or a comparable position upon termination of the leave.

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COVID-19 and the Workplace: More New Law

Dec 05, 2020
By Cari Cohorn

As more California employers reopen their workplaces, and more employees resume on-site work, employers—and the lawyers who advise them—must be aware of labor laws and regulations enacted this year in response to the COVID-19 pandemic.

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The (Never-Ending) Quest to Distinguish Employees from Independent Contractors

Dec 05, 2020
By Patrice Goldman

Borello. Dynamex. AB 5. Lyft. Uber. DoorDash. Prop. 22. Flexibility Lost. Benefits Gained. Who is and who is not an independent contractor has been the subject of considerable debate—in the courts, in the Legislature, and in the voting booth—and the fight will continue well into the future. What started in the courts as a change to a somewhat complicated multi-factor legal test has led to much lobbying and even a referendum on whether specific categories of workers are or are not independent contractors. Uber and its compatriots spent over $200 million to pass Proposition 22 to settle the question for just one type of job.

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MCLE FAIR RECAP

Virtual MCLE Fair a Great Success!

Dec 04, 2020
By The Marin Lawyer

MCBA hosted its first-ever all-virtual MCLE Fair last month. In another first, we partnered with multiple Bay Area bar associations, which allowed more people to attend at member rates. The Bay Area-wide audience and ability to appear via Zoom enabled us to attract prominent speakers and panelists from around the Bay Area and beyond. With thirteen separate programs over four days, including several panel discussions, program highlights will have to suffice for our recap.

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WEBINAR RECAP

Probate Court Update: News from the Court and Important Reminders About Compliance with Rules

Nov 19, 2020
By Robert Rosborough

On Friday, November 13, outgoing Co-Chair of MCBA’s probate and estate planning section Tim Barteau welcomed attorneys via Zoom to an update from Probate Court Judge Kelly Simmons. Tim reminded the audience that he and Co-Chair Valerie Kushel (who will join MCBA’s board of directors in 2021) are retiring as co-chairs after three years of service. He welcomed Paul Gruwell and Laura Gibbons as incoming co-chairs. Many thanks to Valerie and Tim for doing a great job for such an extended term and to Judge Simmons for taking her valuable time to meet with us.

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2021 Officers & Board of Directors Slate Announced

Board Nominees to Be Voted on at General Membership Meeting October 28

Oct 15, 2020
By MCBA

The slate for MCBA's 2021 officers and board of directors has been announced. Please join us on October 28 as the 2021 officers and new board members will be voted on during our virtual general membership meeting, which features an update from the Marin Superior Court.

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