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Cole Lewis is an associate in the Labor & Employment Department.

Cole graduated from UCLA School of Law, where he worked as a law clerk for Public Counsel of Los Angeles and advocated for benefit recipients in the Department of Public Social Services. He has also previously worked as a summer associate in Proskauer’s Labor & Employment Department.

Prior to law school, Cole received his Bachelor’s degree in Journalism at Indiana University, where he graduated cum laude.

On Tuesday, Los Angeles Mayor Eric Garcetti issued two new public orders in response to COVID-19’s continued growth and effect on essential businesses. Both of these public orders go into effect on Friday, April 10.

The first order contains provisions relating to grocery retail store, drug retail store, and food delivery employees. It mandates:

  • Grocery retail store and drug retail store employers to permit employees

Tony Oncidi and Cole Lewis analyze the enforceability of an “unlimited” vacation or PTO policy in California in the wake of a new court case (McPherson v. EF Intercultural Foundation) for publication in Law360.

In a groundbreaking decision in McPherson v. EF Intercultural Foundation Inc., addressing the growing trend of providing unlimited paid time off (but no accrued monetary benefits) to

From various employment law implications to managing employees working remotely, employers are faced with unprecedented challenges amid the COVID-19 crisis. As Proskauer’s Coronavirus Resource Center continues to supply advisable tips for clients worldwide, Anthony Oncidi, Cole Lewis and Nayirie Mehdikhani step in with advice for California-based employers as they devise their contingency plans.

Read their advice in the Daily Journal now.

As we reported yesterday, cities and counties across California are issuing orders to slow the spread of COVID-19. Since our last post, Orange County and the City of Palm Springs have joined the list.

Orange County’s Public Health Order, which took effect March 17, 2020, prohibits social gatherings and requires bars and other establishments that serve alcohol but not food to close.  It

This morning, California Gov. Gavin Newsom issued an Executive Order that allows a California employer that is conducting layoffs due to the COVID-19 pandemic to use the newly-created “unforeseen business circumstances” exception to the state’s WARN Act requirements.

More specifically, the order indicates that:

  • Mass layoffs, relocations or closures fall under the newly-created “unforeseen business circumstances” exception to the law, but California employers must still

The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating and paying employees in connection with the Coronavirus (COVID-19) outbreak:

Coronavirus Disease (COVID-19) – FAQs on laws enforced by the California Labor Commissioner’s Office

Can an employee use California Paid Sick Leave due to COVID-19 illness?

Yes. If the employee has paid sick leave available, the employer must provide such leave

Yesterday, the full Ninth Circuit held that an employer cannot rely on an individual’s prior salary to justify a wage disparity between a male and female employee.

In Rizo v. Yovino, a female math teacher brought a claim under the Equal Pay Act (“EPA”) against the school district for paying her substantially less than her male counterparts. The school district did not dispute that

On Tuesday, seven elected officials from various local government bodies challenged a recently enacted California state law that prohibits a public employer from “deter[ing] or discourag[ing] public employees from becoming or remaining members” of a union. The challenged statute (which was part of Senate Bill 866) was a rearguard action that the public employee unions (and their many friends and admirers in the California

On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements.  Last week, the court issued its detailed written opinion explaining the basis for its decision.

As we predicted, the Court found that AB 51 is preempted by the Federal Arbitration Act (FAA) because