2nd Annual Employment Law Year in Review – 2023: New Cases and Laws (Recorded Package) (CA & Federal)

What You Will Learn

Part 1: Tuesday, January 16, 2024
1:00 p.m. – 3:45 p.m. PST

Employment Law update Part 1: Non-Wage and Hour cases/laws

Agency Rule-making & Decisions:

• Federal Trade Commission Rulemaking Re:  Non-Compete Employment Agreements
• NLRB Issues Decision Restricting Broad Confidentiality/Non-Disparagement Clauses
• NLRB Reverts To 2014 FedEx Standard For Determining Independent Contractor Status
• NLRB Reverts To 2015  Browning-Ferris Industries  Standard For Determining Joint-Employer Status

New Federal Employment Laws: 

• President Biden Signs Into Law The “Providing Urgent Maternal Protections for Nursing Mothers Act”
• President Biden Signs Into Law The “Pregnant Workers Fairness Act”

New California Employment Laws:

• Paid Sick Leave (SB 616)
• Venture Capital Diversity Data Reporting (SB 54)
• Workplace Violence Prevention Program (SB 553)
• Rebuttable Presumption Of Retaliation (SB 497)
• Privileged Communications: Workplace Harassment/Discrimination (AB 933)
• Cannabis Use (SB 700)
• Noncompete Agreements (SB 699)
• Noncompete Agreement Notice Requirements (AB 1076)
• Arbitration Enforcement (SB 365)
• Local Prosecutors Can Sue Employers For Labor Code Violations (AB 594)

National Labor Relations Act:
Glacier Northwest, Inc., v. Int. Brotherhood of Teamsters Local Union No. 174, 2023 WL 3742578 (2023)

Harassment:

• Atalla v. Rite Aid Corporation, 89 Cal. App. 5th 294 (2023)
• Sharp v. S&S ACTIVEWEAR, 69 F.4th 974 (9th Cir. 2023)
• Thomas v. Regents of University of California, 2023 WL 8248249 (Cal. App. 1 Dist., 2023)
• Argueta v. Worldwide Flight Services, Inc., 2023 WL 8430285 (Cal. App. 2 Dist., 2023)
• Beltran v. Hard Rock Hotel Licensing, Inc., 2023 WL 8430581 (Cal. App. 4 Dist., 2023)

Arbitration:

• Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023)
• Duran v. EmployBridge Holding Company, 92 Cal. App. 5th 59 (2023)
  Vaughn v. Tesla, Inc., 87 Cal. App. 5th 208 (2023)
• Hernandez v. Meridian Management Services, LLC, 87 Cal. App. 5th 1214 (2023)
  Zirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023)
  Westmoreland v. Kindercare Education LLC, 90 Cal.App.5th 967 (2023)
• Mattson Tech., Inc. v. Applied Materials, Inc., 96 Cal. App. 5th 1149 (2023)
• Cvejic v. Skyview Capital, LLC, 92 Cal. App. 5th 1073 (2023)
• Doe v. Superior Court, 95 Cal. App. 5th 346 (2023)

Whistleblower, Labor Code Section 1102.5, Retaliation, & Wrongful Termination:

• City of Whittier v. Everest National Insurance Company, 2023 WL 8441663 (Cal. App. 2 Dist., 2023)
• Kourounian v. CA. Dept. of Tax and Fee Admin., 2023 WL 3612540 (2023)
• People ex rel. Garcia-Brower v. Kolla’s, Inc., 2023 WL 3575254 (2023)

COVID-Related Issues: 

• Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023)
  Rossi v. Sequoia Union Elementary Sch., 94 Cal. App. 5th 974 (2023)
• LaCour v. Marshalls of Cal., LLC, 94 Cal. App. 5th 1172 (2023)
  Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023)
  Thai v. International Business Machines Corporation, 93 Cal. App. 5th 364 (2023)

Discrimination & Reasonable Accommodation:

• Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023)
• Hodges v. Cedars-Sinai Medical Center, 91 Cal. App. 5th 894 (2023)
• Raines v. U.S. Healthworks Med. Group, 15 Cal. 5th 268 (2023)
• Atkins v. St. Cecilia Catholic Sch., 90 Cal. App. 5th 1328 (2023)
• Martin v. Board of Trustees of the Cal. State Univ., 2023 WL 7537694 (Cal. App. 2 Dist., 2023)
• Opara v. Yellen, 57 F.4th 709 (9th Cir. 2023)
• Lopez v. La Casa de Las Madres, 89 Cal. App. 5th 365 (2023)
• Groff v. DeJoy, 600 U.S. 447 (2023)
  Lin v. Kaiser Found. Hosps., 88 Cal. App. 5th 712 (2023)

Procedural & Miscellaneous:

• Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023)
  Velasquez v. Workers’ Compensation Appeals Board, 2023 WL 8430163 (Cal.App. 2 Dist., 2023)
• Snoeck v. ExakTime Innovations, Inc., 96 Cal. App. 5th 908 (2023)
• Garrabrants v. Erhart, 2023 WL 9016436 (Cal.App. 4 Dist., 2023)
• Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
• Park v. NMSI, Inc., 96 Cal. App. 5th 616 (2023)
• Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
• Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023)
• United States et al. ex rel. Schutte et al. v. Supervalu Inc. et al., 598 U.S. 739 (2023)

Part 2: Thursday, January 18, 2024
1:00 p.m. – 3:45 p.m. PST

Employment Law update Part 2: Wage and Hour cases/laws
Independent Contractor – AB 5
Independent Contractor – AB 2257
What is the Borello multifactor test?

New Cases from 2022-2023:

Independent contractors: Castellanos v. State of Calif. (2023) 89 Cal.App.5th 131, rev.grntd. 6/30/23 (Case No. S279622)]

Highly Compensated Employees: Helix Energy Solutions Group, Inc. v. Hewitt (2023) 598 U.S. 39, 143 S.Ct. 677

Outside Salespersons: Espinoza v. Warehouse Demo Services, Inc. (2022) 86 Cal.App.5th 1184, 1186, 3 02 Cal.Rptr.3d 820, 821-822

Wage Statements: Gola v. University of San Francisco (2023) 90 Cal.App.5th 548, 566, 307 Cal.Rptr.3d 273, 286

Wage Statements: Naranjo v. Spectrum Security Services, Inc

Waiting Time Penalties (Lab. Code section 203):

• Hartstein v. Hyatt Corp. (9th Cir. 2023) 82 F4th 825
• Young v. Remx Specialty Staffing (5/10/23) 91 Cal.App.5th 427

Reimbursement: hai v. International Business Machines Corp. (2023) 93 Cal.App.5th 364, 310 Cal.Rptr.3d 787

Wage Payment Timing: Parsons v. Estenson Logistics, LLC (2023) 86 Cal.App.5th 1260,1271, 302 Cal.Rptr.3d 874, 883

Rounding:

• A split of authority!

1. Camp v. Home Depot, Inc. (2023) 84 Cal.App.5th 638
2. Woodworth v. Loma Linda University Medical Center (2023) 93 Cal.App.5th 1038, 311 CR3d 486.

The Camp and Woodworth decisions are in contrast to See’s Candy Shops, Inc. v. Sup.Ct. (Silva) (2012) 210 Cal.App.4th 889, 901-902.

Off-the-Clock Work:

• Cadena v. Customer Connexx LLC (9th Cir. October 24, 2022) 51 F4th 831, 840, 841
• Huerta v. CSI Electrical Contractors, Inc., S275431

Meal and Rest Breaks

Overtime Pay: Lemm v. Ecolab, Inc. (2023) 87 Cal.App.5th 159

Liquidated Damages (Minimum Wage Violations): Iloff v. LaPaille (2022) 80 Cal.App.5th 427, 295 CR3d 762, rev.grntd. 10/26/22 (Case No. S275848)

Arbitration Agreements:

• Armstrong v. Michaels Stores, Inc. (9th Cir. 2023) 59 F.4th 1011
• Villareal v. LAD-T, LLC (2022) 84 Cal.App.5th 446, as modified (Nov. 2, 2022)
• Gostev v. Skillz (2023) 88 Cal.App.5th 1035
• Espinoza v. Superior Court (2022) 83 Cal.App.5th 761
• Carmona v. Domino’s Pizza, LLC (9th Cir. 2023) 73 F.4th 1135

PAGA:

• Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, 1123, 310 CR3d 668, 680]
• Estrada v. Royalty Carpet Mills, rev.grntd. 6/22/22 (Case No. S274340)
  • See also Wesson v. Staples the Office Superstore, LLC (2021) 68 CA5th 746, 766-767, 283 CR3d 846, 860
• Duran v. Employbridge Holding Company (5/30/23) 92 Cal.App.5th 59
• Turrieta v. Lyft, Inc., S271721 (B304701; 69 Cal.App.5th 955; Los Angeles County Superior Court; BC714153)
• In re Patacsil, 2023 WL 3964908 (Bankr. E.D.Cal. June 9, 2023)

PAGA Ballot Initiative

Public Employees: Stone v. Alameda Health System, S279137

Testimonials

“Excellent speakers and course content. Well organized and clearly presented. Timely and useful content.” – Jeffrey L Abate, Esq.

“Excellent broad ranging program.” – Michael Loeb, Esq.

“Great program!” – Barbara Boarnet, Esq.

“I thought both speakers did a good job summarizing the information & presenting it efficiently.” – Anne Hipshman, Esq.

“Timely and important topics and issues.”

“Love getting a summary of all the new developments in labor law.”

“Very thorough.” – Stephen T Buynak, Esq.

“Very informative and covered a lot of ground. Appreciated the updates on the cases pending Supreme Court review.”

“Part 2 was very detailed and covered a broad range of issues.”

“Excellent.”

“Really interesting speakers and a focus on my area of expertise.”

“Great program. Speakers were great and the additional material provided is very useful.”

“Very informative. Having both perspectives was helpful.”

“Outstanding. The handouts are thorough and useful. The speakers held my interest and gave enough information about the cases for me to know which I needed to read and which I didn’t. This was an excellent law review. Please continue to host it.”

“It was very helpful and informative.”

“Great speakers, excellent back and forth and evaluation of both sides of the issues.”

“Excellent speakers and content. It was fun to have a Plaintiff / Defendant perspective one-on-one (as opposed to a larger panel) because there was a direct engaging lively rapport.”

“Speakers were very good and the program content was fine.”

“Great speakers, great content.”

“Very informative.”

“Great program.”

“Great program, very knowledgeable presenters.”

“Great overview of relevant case law.”

“Excellent speakers.”

Faculty

David J. Fishman, Esq.
Partner
Ballard Rosenberg Golper & Savitt, LLP

 David represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all facets of the litigation process in labor and employment disputes and has successfully arbitrated and tried cases on behalf of his clients. David has defended employers against charges of race, sex, age, national origin, ancestry, and disability discrimination; harassment; retaliation; wrongful discharge in violation of public policy; unfair competition and defamation.

He also defends employers in wage and hour class actions and Private Attorney General Act (“PAGA”) representative actions including claims for overtime, meal and rest periods, waiting time penalties, and other purported wage and hour violations. David has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal and California wage and hour laws.

He advises clients regarding personnel policies and procedures, employee discipline matters, employee handbooks, wage and hour compliance, and other employment issues. He also conducts employee training and investigations at the workplace and has authored several articles on various employment law matters.

Kathryn B. Fox, Esq.
Senior Counsel
Buchalter

 Kathryn B. Fox is a member of the Labor & Employment practice group and Vice-Chair of the Franchise Law industry group in Buchalter’s San Diego office. Ms. Fox advises employers on litigation avoidance and provides counseling on workplace law matters.  She has experience representing clients in single-plaintiff cases involving allegations of discrimination, harassment, retaliation, wrongful termination, and wage and hour issues. She also routinely advises and represents clients in class action and representative PAGA cases involving wage-and-hour allegations, including failure to pay regular and overtime wages, meal period and rest break violations, misclassification issues, piece-rate pay agreements, and reimbursement claims. Her representation of clients includes defending actions in state and federal court, in arbitrations, before the EEOC, DFEH, DLSE and EDD, and in mediation. Ms. Fox also provides trainings to clients on workplace privacy issues, preventing workplace harassment, and best practices for complying with California wage and hour laws.

Ms. Fox has been named a 2021-2023 “One to Watch” by Best Lawyers for her work in Labor and Employment Law: Management. Ms. Fox was also recognized as a 2021 “Rising Star” by Super Lawyers Magazine.

Highlights of Ms. Fox’s work include:

Second-chaired a multi-week jury trial defending a national startup company against claims of fraud and false promise, resulting in a unanimous defense verdict.

Obtained summary judgment for national retailer and two individuals facing eleven causes of action, including claims for age and disability discrimination, harassment, retaliation, failure to engage, failure to accommodate, negligent supervision, breach of implied contract, and intentional infliction of emotional distress.

Obtained summary judgment on behalf of private school and church facing allegations of misconduct by a former teacher.

Successfully obtained a full dismissal of all claims against a large biotech company after filing demurrers and minimal discovery.

Obtained summary judgment for a large trucking client facing allegations of disability-based association discrimination, harassment and retaliation; age discrimination, harassment and retaliation; retaliation for engaging in protected activities; wrongful termination and declaratory relief.

Successfully obtained an order that a plaintiff who lost on summary judgment pay the client’s statutorily recoverable costs expended defending the action.

Obtained summary judgment for three defendants (two companies and the plaintiff’s manager) in a case involving allegations of age discrimination, wrongful termination, intentional infliction of emotional distress and breach of implied contract.

Andrew H. Friedman, Esq.
Partner
Helmer Friedman, LLP

Andrew H. Friedman, a name partner with the law firm of Helmer · Friedman LLP, primarily represents employees in all aspects of employment law including not only individual discrimination, harassment, retaliation, and accommodation cases but also complex multi-party wage and hour class actions. Mr. Friedman received his J.D. degree from Cornell Law School and his B.A. degree in history and psychology, cum laude, from Vanderbilt University. At Cornell, Mr. Friedman was a member of the Board of Editors of the Cornell Law Review and a member of the Moot Court Board. Following law school, Mr. Friedman served as a judicial law clerk to the Honorable John T. Nixon, United States District Court for the Middle District of Tennessee. Subsequently, Mr. Friedman was trained as an employment attorney by two of the Nation’s most prestigious management-side employment law firms – Paul, Hastings and Bryan Cave LLP.

Mr. Friedman has handled a wide range of employment-related litigation in state and federal courts. Indeed, Mr. Friedman won (with Tony Lewis of The Lewis Law Firm) a .1 Million jury verdict in a fraud and breach of employment contract lawsuit in the Los Angeles Superior Court and he also prevailed (along with his law partner, Gregory D. Helmer) in a three-week sexual harassment jury trial in the Orange County Superior Court. He also settled a .4 Million wage and hour class action lawsuit in federal court (U.S. District Court for the Central District of California), a .575 Million class action discrimination lawsuit in the Orange County Superior Court and he recovered a .5 Million settlement in federal court (U.S. District Court for the Central District of California) in a wage and hour class action.

Mr. Friedman served as Counsel of Record in Lightfoot v. Cendant Mortgage Corp. et. al. (Case No. 10-56068) where he successfully convinced the U. S. Supreme Court to grant the petition for certiorari that he filed on behalf of his clients. In January 2017, the Supreme Court, in a unanimous decision authored by Justice Sotomayor, reversed the Ninth Circuit and ruled in favor of Mr. Friedman’s clients.

Mr. Friedman has received the highest possible Martindale-Hubble rating ("AV"), indicating that he is ranked at the highest level of professional excellence with "very high to preeminent legal ability" and "very high" ethical standards as established by confidential opinions from members of the Bar. Law & Politics Magazine and the publishers of Los Angeles Magazine selected Mr. Friedman as a 2006 – 2021 Southern California "Super Lawyer" in the category of Labor and Employment Law. Additionally, in 2020 & 2021, Super Lawyers named Andrew H. Friedman to its list of the Top 100 Super Lawyers in Southern California and Lawdragon named Mr. Friedman to its list of the nation’s top 500 plaintiff employment and civil rights attorneys.

John Mullan, Esq.
Partner
Rudy Exelrod Zieff & Lowe LLP

 John Mullan joined Rudy Exelrod Zieff & Lowe in 2002, and currently leads the class action practice group. He has a deep knowledge of state and federal employment laws, which protect workers from employers who do not provide proper compensation. John has successfully recovered tens of millions of dollars in unpaid wages for his clients from some of the largest employers in California. These class action lawsuits include allegations of unpaid wages, unpaid overtime wages, violations of meal and rest breaks, and gender discrimination. John frequently co-counsels large class action cases with other firms.

John is also an experienced litigator, representing individuals with employment law claims such as wrongful termination, harassment, discrimination, and whistleblower retaliation.  He represents many high profile clients, such as Tinder founder Whitney Wolfe in her sexual harassment lawsuit against the company.

John has been named a Northern California Super Lawyer since 2013, and was previously recognized as a “Rising Star for Northern California” by Super Lawyers. He is a graduate of the UC Berkeley School of Law, where he served as an executive editor of the Berkeley Journal of Employment and Labor Law.

In addition to client advocacy, John speaks extensively on employment law issues. He has spoken for the Labor and Employment Section of the State Bar of California, Continuing Education of the Bar (CEB), the Rutter Group, the Practicing Law Institute (PLI), and the Employment Law Center. John also writes employment law articles and treatises, including sections of the Fair Labor Standards Act treatise published by the American Bar Association Section of Labor and Employment Law, and he serves as Chapter Editor for The Rutter Group’s Employment Litigation California Practice Guide.

Anthony J. Oncidi, Esq.
Partner
Proskauer Rose LLP

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily Journal, The Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is "brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up." Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as "outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a "phenomenal strategist" and "one of the top employment litigators in the country."

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $429

Audio Only* Recording & Materials Package – CD or Download:  $429

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $479

For CDs, please add $8.50 shipping and, in CA, sales tax.

This program will be recorded live on January 16 & 18, 2024.

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device. 

(Recorded packages are available approximately two to three weeks after the seminar is held.)

CLE Credit

CA General: This program is approved for 5.0 general CLE units in California.

CA Participatory Certified Legal Specialist: This program is approved for 5.0 units of Legal Specialization Credit in Appellate Law in California. (Expires 01/15/2026)

CA Self Study (only) Certified Legal Specialist: This program is approved for 5.0 units of Legal Specialization Credit in Appellate Law in California. (Expires 01/15/2029)

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 5.0 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other state