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Welcome to
www.calbar.ca.gov/laborlaw
The home page of the Labor and Employment Law Section
 SAVE THE DATE: The 16th Annual Public Sector Conference
The 16th Annual Public Sector
Conference will be coming up on Friday, May 7, 2010 in Sacramento. The
conference will be held at the Radisson Sacramento, 500 Leisure
Lane, Sacramento. CLE credit will be offered for all courses. Again
this year, the Section will be offering reduced pricing. Please
watch this site for updates early in 2010.
Labor Teleseminar
Series: 2010 Litigating Wrongful
Discharge Cases Series
Session 1: Pleadings
Tuesday, March 2, 2010, 12 noon - 1:00 p.m.
Pacific Time.
1.0 Total Participatory MCLE Credits (No Ethics)
 Pleadings are what frame a
wrongful termination case. Should the complaint be general or
detailed? What causes of action do employee lawyers often overlook?
What affirmative defenses should employer lawyers make sure they do
not forget? What factors should employer lawyers consider in
deciding whether to demur, bring a motion to strike, file a motion
to change venue, or remove to federal court? Are cross complaints
ever a good idea? These are some of the many issues that will be
discussed at this seminar. Speakers:Phil Horowitz,
Law Offices of Phil Horowitz, San Francisco and Van T.
Nguyen, State Personnel Board.
To register, see The 2010 Litigating Wrongful Discharge
Cases Series, Session 1: Pleadings or go to www.calbar.org/online-cle and select Tele-Seminars and
Webinars.
Session 2: Discovery
Tuesday, April 20, 2010, 12 noon - 1:00 p.m.
Pacific Time.
1.0 Total Participatory MCLE Credits (No Ethics)
More time is spent in
discovery in most wrongful termination cases than in all other
activities combined. How important is it who goes first? What
documents and information should employer advocates be sure to
request from the plaintiff? What documents and information should
employee advocates seek? What questions should the employer’s
lawyer make sure to ask the employee in deposition? Who should the
employee’s lawyer depose and what questions should be asked?
When are requests for admission useful? Attend this seminar to find
out. Speakers: Phil Horowitz, Law Offices of Phil
Horowitz, San Francisco and Susan Roos, Cook Roos
Wilbur LLP
To register, see The 2010 Litigating Wrongful Discharge
Cases Series, Session 2: Discovery or go to www.calbar.org/online-cle and select Tele-Seminars and
Webinars.
Session 3: Summary Judgment
Tuesday, May 18, 2010, 12:00 p.m. - 1:00 p.m.
Pacific Time
1.0 Total Participatory MCLE Credits (No Ethics)
Summary judgment and summary
adjudication motions are often employers’ best chance to get
wrongful discharge cases, or important pieces of them, thrown out
of court before trial. When are they a waste of time and money?
Should employee advocates ever move for summary judgment or
adjudication? Do massive motions work or should they be condensed
down in size? What types of papers have been frowned upon by the
courts? What should employee lawyers do to increase their odds of
defeating summary judgment or adjudication? This seminar will
answer these questions. Speakers: Phil Horowitz,
Law Offices of Phil Horowitz, San Francisco and Susan
Roos, Cook Roos Wilbur LLP
To register, see The 2010 Litigating Wrongful Discharge
Cases Series, Session 3: Summary Judgement or go to www.calbar.org/online-cle and select Tele-Seminars and
Webinars.
Session 4: Settlement
Wednesday, July 14, 2010, 12:00 p.m. - 1:00
p.m. Pacific Time.
1.0 Total Participatory MCLE Credits (No Ethics)
Statistics tell us that
about 95% of all wrongful discharge cases will be settled before
trial, yet litigators too often pay little attention to positioning
cases for settlement. In what types of cases are early settlement
discussions warranted? Who should first raise the prospect of
settlement and how? What information needs to be first exchanged,
and what other steps need to be taken, to help your client achieve
a better settlement? How do you choose a good mediator, how do you
do well at mediation, and is mediation always a good idea? Come to
this seminar to find out. Speakers: Phil Horowitz,
Law Offices of Phil Horowitz, San Francisco and Ulrico Rosales,
Wilson Sonsini Goodrich & Rosati.
To register, see The 2010 Litigating Wrongful Discharge
Cases Series, Session 4: Settlement or go to www.calbar.org/online-cle and select Tele-Seminars and
Webinars.
Your
Input Solicited: How Effective is FEHA?
On the occasion of the 50th Anniversary year of the Fair Employment and Housing Act
(FEHA), the UCLA-RAND Center
for Law and Public Policy is conducting a study of the
effectiveness of FEHA and the efficiency with which it is enforced.
As a part of that study, the researchers seek the views of
California attorneys experienced in representing either employees
or employers under the law, by means of an on-line survey. All
survey responses are completely voluntary and confidential and no
information is retained from which the identity of a survey
respondent could be determined. The Labor and Employment
Section encourages members to share their experiences,
knowledge, and suggestions by participating in the survey, which
takes about 7 minutes to complete. The survey can be accessed HERE. Further information is
provided there about the survey and how to obtain further
information about the survey or your rights as a potential research
subject.
OTHER
NEWS:
Articles
from California Public Employee Relations (CPER):  We have
posted
four recent (2007 and 2008) articles from from California Public
Employee Relations (CPER).
The articles are:
- Weathering the Gathering Storm Over
Post-Retirement Health Care Benefits -- Vested or Not by
Jeff Sloan, Genevieve Ng and Merlyn Goeschl (June 2007)
- Further Storm Warnings in the
Territory of Retiree Health Care Benefits by Richard
Whitmore and Cepideh Roufougar (August 2007)
- Internet Use and Getting
‘Dooced’: Regulating Employees’ Online
Speech by Marion McWilliams and Alison Neufeld (February
2008)
- Down and Out: Economists Assess the
Teacher Pay Disadvantage by Sylvia A. Allegretto, Sean P.
Corcoran and Lawrence Mishel (February 2008)
For more information, see
CPER.
California Public Sector Labor Relations:
 Now you can get the authoritative, comprehensive
guidance you need to answer most any question related to public
sector labor relations in California -- in one convenient resource.
California Public Sector Labor
Relations is a one volume practice guide, written and
updated annually by our Section and published by LexisNexis Matthew
Bender. It is also available online and on CD-ROM.
California Public Sector Labor
Relations provides labor attorneys, public sector employee
organizations, public sector human resources personnel, and state
and local public agency managers with an expert analysis of the
statutes, case law, regulations, procedure, and agency decisions --
including PERB -- governing public sector labor relations in
California.
The full table of contents is posted online. To order
your copy, call 1-800-533-1637 or order online from Lexis Nexis.
Grant
Program:  The
California State Bar Labor & Employment Law Section is
committed to inclusion of persons with diverse backgrounds in its
programs and mission. In that spirit, it has established a grant
program to provide educational and networking opportunities to
promote persons of diverse backgrounds in the area of labor and
employment law.
See Grant
Program for more information about this program, including how
to apply.
Labor and
Employment Law Section on the Radio:  Radio station KALW regularly broadcasts "Your
Legal Rights," a show in which callers can ask questions of
attorneys with expertise in different areas of the law.
Several Executive Committee members have
participated in the show, on topics such as:
- Termination of Employment and Other Employment
Law Issues
- The Rights of Public Employees Under
Collective Bargaining Agreements
- Recent Developments in Termination of
Employment
- Unemployment Insurance Benefits for People Who
Have Been Fired or Laid Off
- Employment Law - The Rights of Persons who
have Disabilities
You can listen to some past programs on the
Labor and Employment Law Section's Web site:
- Listen now to "Keeping A Job in
This Economy (and What to do if You Don't)" - aired on July 29,
2009.
- Listen now to "Impact of the Low
Wage Workers & Unemployment Insurance" - aired on May 13,
2009.
- Listen now to "The 50th
Anniversary of the Fair Employment & Housing Act " - aired on
February 18, 2009.
- Listen now to "Medical and Family
Leave, Plus Disability Discrimination Issues " - aired on January
7, 2009.
- Listen now to "New, Important
Labor Law Court Decision" - aired on July 30, 2008.
- Listen now to "Employment Rights of
American Workers Abroad " - aired on May 21, 2008.
- Listen now to "Diversity Issues and Other
Employment Law Issues in the Work place " - aired on April 16,
2008.
- Listen now to "Employment Law: Sexual
Harassment, Non-Payment of Wages and Unlawful Termination of
Employment " - aired on March 26, 2008.
- Listen now to "New Decisions in
Employment Law " - aired on January 9, 2008.
Additional broadcasts are also available online
through ilawyer.com. For a complete list and further information,
see "Your Legal
Rights": Labor and Employment Law.
Educational Opportunities Online, on CD and in Person:
 Labor & Employment Law Section courses are
available online in streaming audio and video formats.
For more information, see our
Education page.
Other
Resources
Members Only Area:
 The Section's Members Only Area has an archive of
current and back issues of the California Labor and
Employment Law Review. For a list of what's posted and
instructions about how to gain access, see Members Only
Area
Legislation:  See our
Legislation page for information about how to track California
legislation relating to Labor Law.
Labor & Employment Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2590
415-538-2368 fax
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