Top Labor & Employment Lawyers 2023

For better or worse, PAGA litigation will continue to be a major arena for California employment litigation, but it will now often be a two-step process if there is a valid arbitration provision.

Labor/Employment

Out-of-state remote work is all the rage, but be aware of differing employment laws

Who said the employment law that applies to remote work in another state is the law of the state in which the work is performed? Is that too simple to be true? Of course it is.

Civil Rights, Labor/Employment

“Music as harassment” – a new frontier of hostile work environment claims

Perhaps most significantly, the Court rejected the “equal opportunity harasser” defense and held that harassment need not be directly targeted at a particular plaintiff, or even a specific protected group of employees, to support a harassment claim.

Labor/Employment

A multidisciplinary approach to employment litigation

Many employment cases involve a high degree of personal animosity – oftentimes bilateral – and more importantly, involve an evidentiary cover-up or tacit agreement to promulgate a false narrative about the underlying basis for an adverse action.

Labor/Employment, U.S. Supreme Court

SCOTUS poised to resolve circuit split on SOX federal whistleblower standard and other statutes

While some may expect this Supreme Court to affirm the Second Circuit’s unanimous ruling, statutory-interpretation cases in the employment context have at times defied expectations. Regardless, employers should continue proceeding with caution when deciding whether to take adverse employment action against an employee who has or may have engaged in protected activity.

Alternative Dispute Resolution, U.S. Supreme Court

Employers rejoice as U.S. Supreme Court expands its pro-arbitration precedents

The Coinbase decision reinforces the Supreme Court's support and protection of contractual arbitration as a favored means of dispute resolution.

Cannabis, Labor/Employment

Penalizing for off-the-job cannabis use may go up in smoke

Employers and employees alike are watching SB 700 closely. The bill passed the Senate in May, and it is currently working its way through various Assembly committees. The entire Assembly will hear and vote on this bill before Sept. 14, and it will either be signed or vetoed by Gov. Newsom by mid-October. If passed and signed into law, it would take effect Jan. 1, 2024, alongside the additional FEHA protections from last year’s AB 2188.

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