Kate Gold
Kate Gold is a partner in the Labor & Employment Law Department in the Los Angeles office.
Kate has over 25 years of experience representing clients in the entertainment, financial services, private equity, healthcare and other industries, across all areas of employment law. She is regarded as a strategic and skilled litigator, and has represented employers in class and collective actions as well as in high-profile discrimination, retaliation, harassment, non-compete and wage/hour matters. Kate also represents clients in disputes involving misappropriation of intellectual property and trade secrets, interference with contract and unfair competition.
Clients entrust Kate with their most sensitive workplace investigations, which often result in confidential non-public resolutions. Employers also routinely seek her advice and counsel on restrictive covenants, employee classification, and employment-related diligence in the context of purchase and sale of businesses. Additionally, she negotiates and drafts executive employment and separation agreements and conducts training on sexual harassment prevention and respect in the workplace.
Kate has been recognized as a leading lawyer by widely respected publications, including The Los Angeles Daily Journal, The Los Angeles Business Journal and Chambers USA. Clients report that “she is incredibly smart, always up-to-date on the latest developments, responsive and a creative problem solver" and that "she is brilliant, practical, calm and exceptional in terms of work quality and client service."
Kate is on the Board of the Constitutional Rights Foundation and mentors junior lawyers through Proskauer’s Womens’ Sponsorship Program. She received her B.A. and J.D. from the University of California, Berkeley.
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A pair of recent studies reported here indicates that the pandemic-related remote workforce trend shows signs of reversal. According to a recent survey conducted by the U.S. Department of Labor, 72.5% of business establishments reported that their employees teleworked rarely or not at all in 2022. That number was 60.1% in 2021. A second survey … Continue Reading
Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93, 102 (2022) decision had significant ramifications because it triggered related obligations for employers to report … Continue Reading
In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing it” and, therefore, should not be required to arbitrate their claims. And at least one Court in the Second Appellate District has … Continue Reading
On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this rate applies “to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered … Continue Reading
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following: 1. California Minimum Wage; 2. Family Care and Medical … Continue Reading
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court, 2022 WL 16832570 (Cal. Ct. App. 2022). This ruling potentially undermines the protections of Labor Code … Continue Reading
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the employee’s total weekly remuneration (except for a handful of categories that are specifically excluded, such as gifts and payments … Continue Reading
A new year brings new employment laws for California employers. California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023. Here are five new employment laws that every California employer … Continue Reading
As in other sectors of the economy, there is a labor shortage in the funeral industry. However, unlike other fields in which the demand for workers is outpacing supply, the interest in joining the ranks of the funeral services business is booming. The American Board of Funeral Service Education (“ABFSE”), the national academic accreditation agency … Continue Reading
Amid a recent surge in COVID-19 cases and hospitalization rates in Los Angeles, the Alliance of Motion Picture and Television Producers (“AMPTP”) announced an extension of and modifications to the existing Return-to-Work Agreement between the Directors Guild of America, the AMPTP, IATSE, SAG-AFTRA, and other industry stakeholders. The prior iteration of the Agreement had been … Continue Reading
Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts COVID-19 in the workplace and then infects their spouse at home, and (2) does an employer have a duty of care to … Continue Reading
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme Court’s central holding in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), that actions brought … Continue Reading
In a much anticipated ruling, on May 23, 2022, the California Supreme Court issued its decision in Naranjo et al. v. Spectrum Security Services, Inc. Previously, the Court of Appeal held that unpaid premium payments for meal period violations did not entitle employees to additional penalties for either inaccurate wage statements or failure to timely … Continue Reading
Last Friday, the Los Angeles Superior Court in Crest et al. v. Padilla (“Crest”) held that Senate Bill 826 (“SB 826”), also known as the “Women on Boards” law, is unconstitutional. The lawsuit challenging the law was brought by DC-based nonprofit Judicial Watch on behalf of California taxpayers. Earlier this week, the state announced that … Continue Reading
California’s minimum wage currently is double its federal counterpart. And, it’s going to keep climbing. Late last week, Gov. Newsom announced that the Golden State’s minimum wage will increase to $15.50 for all employers (regardless of size), effective January 1, 2023. Employers have inflation to thank for this latest hike. California currently mandates a minimum wage … Continue Reading
Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the enforcement of bilateral arbitration agreements that preclude an employee from bringing claims under the Private Attorneys General Act (“PAGA”) on a … Continue Reading
Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan. 10, 2022), affirmed that a post-termination customer non-solicitation agreement was enforceable under California Business & Professions Code § 16601. Under most circumstances, contractual provisions that … Continue Reading
As we reported here, Cal/OSHA’s revised COVID-19 Emergency Temporary Standards (“ETS”) took effect on January 14, 2022. The controversial emergency regulations, which have caused employers countless headaches, survived their first major challenge when the Court of Appeal, in Western Growers Association v. Occupational Safety and Health Standards Board affirmed the trial court’s order blocking … Continue Reading
A suit filed last week in San Diego Superior Court serves as a reminder to employers about the importance of keeping up-to-date on California’s evolving Fair Employment and Housing Act (“FEHA”). In the new suit, an employee, Jeffrey Thornton, claims that he was discriminated against on the basis of his race when his former employer, … Continue Reading
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … Continue Reading
On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section 226.7”) must be paid at non-exempt employees’ regular rate of pay—not merely their base hourly rate. The decision, which … Continue Reading
As we previously reported (here), Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related to the ongoing COVID-19 pandemic. And, on June 17, 2021, OSHSB approved updated ETS language that more closely aligns California’s workplace safety requirements with recommendations from the … Continue Reading
In a closely-watched vote, yesterday (June 3, 2021), California’s Occupational Safety & Health Standards Board approved controversial amendments to the Emergency Temporary Standards (“ETS”) related to COVID-19. If approved by the Office of Administrative Law within the 10 day review period, the new ETS (available here) will require (among many other things) most California workers … Continue Reading
With COVID-19 cases falling and vaccination rates increasing, the County of Los Angeles is updating guidance for reopening the economy. Effective Monday, April 5, 2021, Los Angeles County non-essential office-based businesses can now reopen indoors, at 50% capacity, per the new County of Los Angeles Department of Public Health Order of the Health Officer. This … Continue Reading
Work From Home Trend Reverses
By Kate Gold and Wesley C. Shelton on Posted in Work From Home
Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties
Employees Attack Arbitration Agreement By Claiming “Not To Recall” Signing It – And Lose!
By Tony Oncidi, Kate Gold, Philippe A. Lebel and Dixie Morrison on Posted in Arbitration Agreements, FAA, Labor Code § 925
IRS Increases Mileage Rate for 2023
California Mandatory Postings and Pamphlets – What’s New for 2023
Arbitrator Should Decide Whether NY or CA Law Applies
Ninth Circuit Clarifies Overtime Calculation Rules for Shift Premiums and Holiday Pay Under California Law
Five New Employment Laws that Every California Employer Should Know
By Kate Gold and Wesley C. Shelton on Posted in California Labor & Employment Law, California Labor Code, CFRA, Coronavirus, COVID-19, Discrimination, Drug Policies, Drug Testing, Employee Handbooks, Employment Applications, Employment Policies, Leaves of Absence, New and Proposed Laws and Legislation, Paid Sick Leave, Pay equity
In This Tight Labor Market, Interest in Funeral Services Work is Growing
By Kate Gold and Michelle Lappen on Posted in News
Hollywood Updates Its COVID-19 Protocols As Los Angeles Covid Rates Surge
By Kate Gold and Sehreen Ladak on Posted in Coronavirus, COVID-19, Entertainment Industry, News
California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19
The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All
By Tony Oncidi, Kate Gold, Philippe A. Lebel and Dylan K. Tedford on Posted in Arbitration Agreements, California Labor & Employment Law, FAA, PAGA, U.S. Supreme Court
California Supreme Court Rules Meal and Rest Break Premiums Constitute “Wages” Potentially Triggering Penalties for Violations
California “Women on Boards” Law Ruled Unconstitutional, but California Will Appeal
By Kate Gold and Dixie Morrison on Posted in Diversity and Inclusion, Gender discrimination
Nothing Escapes Inflation, Including California’s Minimum Wage
By Kate Gold, Philippe A. Lebel and Morgan Peterson on Posted in California Labor & Employment Law, Minimum Wage, Wage and Hour
Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims
By Kate Gold, Philippe A. Lebel and Dylan K. Tedford on Posted in Arbitration Agreements, California Labor & Employment Law, PAGA, U.S. Supreme Court
California Court of Appeal Publishes Opinion Upholding Customer Non-Solicitation Covenant
Cal/OSHA’s COVID-19 Emergency Temporary Standards Survives its First Challenge
By Kate Gold, Philippe A. Lebel and Morgan Peterson on Posted in California Labor & Employment Law, COVID-19, Workplace Safety
New Lawsuit Reminds Employers to Check Their Grooming Policies
By Kate Gold, Philippe A. Lebel and Dixie Morrison on Posted in California Labor & Employment Law, Discrimination, FEHA
Governor Newsom Signs A Slew of New Employment Laws for 2022
By Tony Oncidi, Kate Gold, Philippe A. Lebel, Nayirie K. Mehdikhani, Sehreen Ladak and Ariel Brotman on Posted in ABC Test, Arbitration Agreements, Attorney's Fees, California Labor & Employment Law, California Labor Code, Collective Bargaining, COVID-19, Discrimination, FEHA, Independent Contractors, Leaves of Absence, New and Proposed Laws and Legislation, Release Agreements, Retaliation, Unfair Competition, Wage and Hour
California Supreme Court Holds That Meal And Rest Break Premiums Must Include All Forms Of Remuneration (Not Just Base Hourly Rate)
By Allan Bloom, Kate Gold and Philippe A. Lebel on Posted in California Supreme Court, Meal Periods and Rest Breaks, Wage and Hour
California Safety Board Narrows Emergency Temporary Standards (Effective Immediately)
By Tony Oncidi, Kate Gold, Philippe A. Lebel and Wesley C. Shelton on Posted in Coronavirus, COVID-19
California Workers Can’t Ditch Masks Just Yet
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19
Opening Up To the New Normal
By Kate Gold and Michelle Lappen on Posted in Coronavirus, COVID-19
