2019, a Dynamex Year of Change—Lawson, OTO, Salazar, and More
We kick off the Symposium with a review of the biggest developments in employment law in the past year. Join plaintiff and defense side practitioners as they present an entertaining and comprehensive review of the key court cases and legislation from 2019. The session also addresses policy implications underlying the developments, highlights trends, and will provide insights that will help you use the new cases and laws to your clients’ benefit.
George W. Abele, Paul Hastings LLP
Leonard H. Sansanowicz, Sansanowicz Law Group, P.C.
BREAK 10:00-10:15 AM
BREAKOUT SESSION 1A
Whistleblower Protections: Don’t Fire the Messenger!
This presentation reviews applicable statutes, drills down on the elements of whistleblower retaliation claims, and analyzes recent cases regarding what constitutes “protected activity,” “good faith belief,” and the role of the judge as gatekeeper in a Labor Code Section 1102.5(c) claim. In addition, the panelists will discuss available remedies, including innovative strategies to recover attorneys’ fees. Plaintiff and defense perspectives are presented in an engaging, fast-paced, point-counterpoint format with practical examples and anecdotes that illuminate the most hotly disputed issues.
Gina Browne, Feldman Browne Olivares, APC
David Myers, The Myers Law Group, APC
Nancy Yaffe, Fox Rothschild LLP
BREAKOUT SESSION 1B
California’s Gig Economy – What Is the Path Forward?
This session includes a distinguished panel of speakers representing workers, unions, and companies who will discuss the future labor and employment challenges facing the stakeholders in California’s gig economy. The panel focuses on the legal developments impacting the gig economy following AB 5, strategic options for complying with the new rules, unique challenges facing both employees and employers, and the opportunities and challenges presented for union organizing under the new legal framework.
Tia Koonse, Legal and Policy Research Manager, UCLA Labor Center
Amy Moolin Cu, Schwartz, Steinsapir, Dohrmann & Sommers LLP
Randy Renick, Hadsell Stormer Renick & Dai LLP
Robert R. Roginson, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
BREAK 11:15-11:30 AM
11:30 AM-12:30 PM
Arbitration Baker's Dozen: The Top 13 Cases You Need to Know to Compel or Avoid Arbitration
This panel addresses evolving arbitration issues and provides practical guidance in moving to compel and avoiding arbitration. What are the best arguments for each side? What are judges looking for in deciding motions to compel? What about class action waivers and PAGA claims? In addition to answering these questions the panel will discuss key case law and the potential impact of recent legislation in this area.
Amber M. Grayhorse, Sanchez & Amador, LLP
Hon. William F. Highberger, Los Angeles Superior Court Complex Civil Litigation Program
Lauren Teukolsky, Teukolsky Law
Lilia Garcia-Brower, California Labor Commissioner
The Future Is Now: Cutting Edge Trends in Discrimination Law
From EEOC enforcement trends, emotional support animal cases, and workplace hairstyles, to disability discrimination and human trafficking class actions, this panel will enlighten you with twists and turns in the latest approaches to discrimination law and keep you at the forefront of your practice.
Camilo Echavarria, Davis Wright Tremaine, LLP
Nicole Hancock Husband, Warner Bros. Television
Anna Y. Park, Equal Employment Opportunity Commission, Los Angeles District Office
BREAK 2:45-3:00 PM
BREAKOUT SESSION 2A
The Private Attorneys General Act: Avoiding the Quicksand
The landscape of PAGA litigation is ever-changing, and 2019 had no shortage of blockbuster court decisions. This panel—which includes a former judge who now mediates PAGA cases as well as plaintiff and defense counsel—will provide a critical update on the state of the law and address practical issues including PAGA notices and pleading, practical considerations in selecting and litigating in different venues, manageability, and settlement approval.
Hon. Jay C. Gandhi (Ret.), JAMS
Christina M. Lucio, Law Offices of Farnaes and Lucio
Tina Tellado, Holland & Knight LLP
BREAKOUT SESSION 2B
Labor Law Year in Review
It’s been a big year in traditional labor law, with several reversals of NLRB precedent. Joint employer status, collective-bargaining standards, work rules, union elections, the law on arbitration agreements, confidentiality in investigations, the gig economy, and misclassified “independent contractors” all received major workovers this past year. This panel of leading labor lawyers analyzes the latest developments and the implications for unions, employees, and employers.
Christopher Cameron, Southwestern Law School
Monica Guizar, Service Employees International Union (SEIU)
Harry Johnson III, Morgan, Lewis, & Bockius LLP
BREAK 4:00-4:15 p.m.
Civility: Professional Duty, Ethical Duty, or Legal Duty? (Ethics CLE Credit)
Two experienced practitioners and an appellate court judge discuss the requirements of civility, how to deal with the uncivil attorney, and how to get the court to enforce discovery rules and civility standards. In Lasalle v. Vogel (2019) 36 Cal.App.5th 127, the Court of Appeal reversed a million-dollar judgment in large measure because of the failure of counsel to cooperate as required by Civil Code Section 583.130. Does this provide new leverage against incivility?
Justice William W. Bedsworth, California Fourth District Court of Appeal
Harold M. Brody, Proskauer Rose LLP
Gail A. Glick, Alexander Krakow + Glick LLP
Cocktail Reception hosted by ADR Services Inc.
7 hrs of CLE Credit (including 1 hr. of Legal Ethics Credit)
Written course materials will be distributed via e-mail prior to the program. Please make sure we have your correct e-mail address at the time of registration.
Labor & Employment Section Member
Government or NPO Attorney
CA State Bar Labor & Employment Section Members
AWI Members (Assoc of Workplace Investigators)
Limited Special Rate for Barristers/Young Attorneys:
$195* for the first fifty 1st or 2nd year attorneys who register. (Symposium registration will also include complimentary Labor & Employment Law Section membership.)
* Please contact Member Services at 213-896-6560 to register for this rate.
LACBA members or registered users, please sign in for member rates and online
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