Elena R. Baca

Baca is the global chair of Paul Hastings’ employment law practice, at the head of a team of more than 100 lawyers. Along with a busy litigation docket, she is a leader on broader issues shaping the future of work. She oversaw the creation of a series of client events over the last year that focused on matters of critical concern to employers, including an extensive Covid-19 website.

“One thing we have endeavored to do is to understand the legal issues percolating for clients,” she said. “We have looked at questions related to the National Labor Relations Act and how it protects employees engaged in collective action, such as their use of social media to talk about salaries or their employers. Whether or not your workforce is unionized, social activism for employees can be a concern.”

In early January 2021, Baca and her team partnered with the U.S. Chamber of Commerce to host a two-part event focused on the anticipated enforcement and legislative shifts with the incoming Biden administration. The event included a review of those Trump executive orders most at risk, plus potential regulatory enforcement shifts and Equal Employment Opportunity Commission and traditional labor legislative activity.

“The Chamber of Commerce is so familiar with what’s in the works and what might be resurrected from the Obama era,” Baca said.

The presentation drilled down to examine bills in the legislative hopper such as the Paycheck Fairness Act, which in its present form in the House of Representatives would increase civil penalties for violations of equal pay provisions and make it unlawful to require an employee to sign a non-disclosure agreement regarding wage information. “That bill exists but it seems to have lost steam,” Baca said.

“We also discussed material regarding religious freedom and anti-discrimination laws, especially regarding LGBTQ issues,” Baca said.

In 2020, the social and political upheaval that arose following the death of George Floyd led Baca and colleagues to host a discussion regarding activist employees and the legal protections afforded to employee speech. The program included an examination of the legal basis for affirmative action and the potential risks to employers when establishing diversity goals. Baca invited outside experts in the field to offer insight and market-based information.

“There are a ton of questions about how as employers we are not supposed to consider race and gender but still diversify our workforce,” Baca said.

In her litigation work, Baca was retained by a global talent agency to handle an inflammatory complaint alleging retaliation, discrimination and defamation filed by a former agent. She crafted a cross-complaint alleging breach of contract, moved the matter to arbitration and investigated thoroughly.

“We got text messages that showed they were fabricating claims,” she said. “Soon all the sensationalized claims were dropped and we won the arbitration. And as we moved to the second phase on our claims, the claimant declared bankruptcy.”

— John Roemer