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

There are no upcoming Labor and Employment Law events

The Cyber Risk of Remote Work: A Primer for Attorneys on Working Securely at Home

Mar 02, 2021
By George Usi

In a world where hackers seem to be able to break into just about any computer connected to the internet, have you considered the security of the tech you use every day? An important question at any time, it’s even more critical in our current work-from-home era.

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Reflections on Working Remotely: One Year and Counting

Mar 02, 2021
By Daniel J. Schneider

Owning a young bi-coastal law practice has meant both growing pains and delights. COVID-19 added an entirely unexpected twist. After a year of change and uncertainty, my firm is now fortunate enough to need to hire our first associate. The most popular question during interviews is, “Are we expected to be in the office every day?”

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How to Disagree Online

Mar 02, 2021
By Cordell Wesselink, M.A.

There you are, scrolling through an email thread or the news feed of your favorite social media site, when what do you see? A comment by a colleague or friend that’s utterly outlandish! You can hardly believe it—how could they believe that? You limber up your fingers and thumbs and get ready to tell them how wrong they are…or you decide it’s not worth it and either do your best to ignore them or unfriend them immediately and never have contact with them again.

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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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