Michelle Lappen
Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She assists clients in a wide range of labor and employment matters in a variety of industries, including entertainment, financial services, and technology.
Michelle earned her J.D. from Columbia Law School, where she was an articles and submissions editor for the Columbia Journal of Law & the Arts. During law school, she also was a teaching fellow for the Advanced Negotiation Workshop and advocated for state and federal legislation as a clinical student in the Columbia Law Health Justice Advocacy Clinic.
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As readers may know, the Los Angeles Freelance Worker Protections Ordinance took effect on July 1, 2023. The new law imposes additional requirements on businesses in the City of Los Angeles who have contracts with freelance workers. Perhaps most notably, for any contract between a hiring entity and a freelance worker valued at $600 or … Continue Reading
As we previously covered here, the State of California and select California cities increased the minimum wage effective January 1, 2023. Now, another round of minimum wage increases from a dozen localities will take effect on July 1, 2023. The following list contains the local minimum wage rate, effective July 1, 2023, for non-exempt employees … Continue Reading
As we previously reported (here), California requires private employers of 100 or more employees (with at least one employee in California) to report pay and demographic data to the California Civil Rights Department (“CRD”) (formerly the Department of Fair Employment and Housing). Senate Bill 1162 (previously covered here) enhanced California’s reporting requirements by: Changing the … Continue Reading
On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by California voters. Previously, on December 30, 2022, the court had issued a temporary restraining order against the … Continue Reading
In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy. Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of … Continue Reading
In the continuously evolving whistleblower retaliation standard we previously reported on earlier this year here and here, the Ninth Circuit has now weighed in on California Labor Code section 1102.5 in Killgore v. Specpro Pro. Serv., LLC, No. 21-15897. In holding that a consultant on an environmental project for the U.S. Army Reserve Command raised … 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
The California Secretary of State announced on July 22, 2022 that a measure to replace the California Labor Code Private Attorneys General Act of 2004 (“PAGA”) qualified as an eligible statewide ballot measure for the November 2024 General Election ballot. PAGA allows “aggrieved” employees to file a representative action on behalf of themselves and other … Continue Reading
As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”). … Continue Reading
A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. As covered previously here, a San Francisco federal court jury awarded $6.9 million in emotional distress damages and $130 million in punitive damages to a Black former elevator operator who worked at Tesla’s Fremont facility … Continue Reading
A recent ResumeBuilder survey found that 32% of Americans admit to lying on their resume. In the current highly active labor market, with 65% of employees searching for a new job according to the PwC US Pulse Survey, employers should carefully review incoming resumes. Interestingly, the ResumeBuilder survey found: 1) resume lies are most frequent … Continue Reading
A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test. Espindola v. Wismettac Asian Foods, Inc., Case 2:20-cv-03702 (C.D. Cal. Apr. 28, 2021). The Court held that an employer can condition an offer of employment … Continue Reading
The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v. Hamrick. This ruling complicates and further restricts how and even whether (from a practical standpoint) employers … Continue Reading
As we previously reported (here), on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19. Among other highly-contested provisions, the updated ETS would have required even fully-vaccinated individuals to don masks indoors unless everyone in a room was fully-vaccinated. However, … Continue Reading
The California Court of Appeal has determined that a wrongful discharge claim cannot be based upon an alleged violation of a municipal ordinance. Bruni v. The Edward Thomas Hospitality Corporation. The California Supreme Court has previously ruled that wrongful termination claims must be based upon a violation of a “fundamental public policy.” In the years … 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
The California Department of Industrial Relations (DIR) recently updated its Guide to COVID-19 Related Frequently Asked Questions to include wage and hour issues related to employer-mandated COVID-19 tests or vaccinations. According to this latest guidance, if an employer requires employees to obtain a COVID-19 test or vaccination, the employer must pay “for the time it takes for … Continue Reading
On Thursday, March 18, the California Legislature passed Senate Bill 95 (“SB 95”) which will provide statewide supplemental paid COVID-19 sick leave, retroactively to January 1, 2021. Governor Newsom signed SB 95 on Friday, March 19. California’s previous supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. Since then, California employers have … Continue Reading
California’s supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended emergency paid sick leave to employees affected by the COVID-19 pandemic. An employee may be entitled to use the leave for a variety … Continue Reading
Last Thursday, Assembly Bill 1179 was introduced to require California employers with 1,000 or more to provide “backup ” for children under 14. To be eligible for the benefit, employees who work in California would need to have been employed by the company for at least 30 days. If passed and signed into law, this … Continue Reading
To date, the California Department of Fair Employment and Housing (DFEH) has not issued relevant guidance regarding mandatory COVID-19 vaccination programs. Despite the current lack of California-specific information, on December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19-related guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, … Continue Reading
On January 26, 2021, a computer programmer and coder named Leah Snyder filed a lawsuit against her former employer (Snyder v. Alight Solutions LLC (8:21-cv-00187)), alleging she was wrongfully terminated after she posted photos of herself at the U.S. Capitol on January 6. In her complaint Snyder alleges that her former employer, an Illinois-based based … Continue Reading
UPDATED February 18, 2021: The portal is now open and can be accessed on DFEH’s pay data reporting homepage along with the guide, template, and example. UPDATED February 3, 2021: The DFEH has released a User Guide, reporting Template, and reporting Example. The portal will be available on February 16, 2021. SB 973, enacted on … Continue Reading
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v. Jan-Pro Franchising International, Inc. (SC S258191 1/14/21). Dynamex adopted the “ABC test” for determining whether a worker is an employee … Continue Reading
Put it in Writing: Los Angeles Imposes New Requirements on Employers of Independent Contractors
12 California Counties and Municipalities Increasing Minimum Wage Rates on July 1
California Pay Data Reporting Deadline: May 10, 2023
By Kate Gold and Michelle Lappen on Posted in California Labor & Employment Law, Pay equity
Court Puts New Controversial Fast-Food Worker Law on Hold
California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History
The Ninth Circuit Adopts Broad View of Whistleblower Retaliation Claim under the California Whistleblower Protection Act
In This Tight Labor Market, Interest in Funeral Services Work is Growing
By Kate Gold and Michelle Lappen on Posted in News
California Voters to Decide Future of PAGA in November 2024
By Mark Theodore and Michelle Lappen on Posted in California Labor & Employment Law, PAGA
Several State “Job Killer” Bills Move One Step Closer to Passage
Judge Reduces $137 Million Race Harassment Verdict Against Tesla to $15 Million
Employers Beware! 1 in 3 Americans Admit They Lied on Their Resumes
By Tony Oncidi and Michelle Lappen on Posted in Background Investigations, Employee Discipline, News
Federal Court in California Greenlights Drug Testing of Job Applicants
By Tony Oncidi and Michelle Lappen on Posted in Disability, Discrimination, Drug Policies, Drug Testing
New Restriction on Background Checks in California
California Revokes Controversial Masking Rules
By Tony Oncidi, Philippe A. Lebel and Michelle Lappen on Posted in Coronavirus, COVID-19
Alleged Employer Violation of a Local Ordinance Cannot Support a Wrongful Discharge Claim
Opening Up To the New Normal
By Kate Gold and Michelle Lappen on Posted in Coronavirus, COVID-19
One More for Good Measure: Another Round of Mandatory Vaccination Guidelines
By Tony Oncidi and Michelle Lappen on Posted in Coronavirus, COVID-19, Employment Policies, Wage and Hour
Statewide Supplemental Paid COVID-19 Sick Leave Resuscitated, Expanded, and Retroactive Back to January 1, 2021
By Kate Gold, Michelle Lappen and Dylan K. Tedford on Posted in Coronavirus, COVID-19, Leaves of Absence, Paid Sick Leave
Keeping it Local to Extend COVID-19 Emergency Paid Sick Leave Ordinances
By Tony Oncidi and Michelle Lappen on Posted in Coronavirus, COVID-19, Leaves of Absence, Paid Sick Leave
California Employers May Be Required to Subsidize Backup Childcare
Federal Guidance on Mandating Employee COVID-19 Vaccinations
By Tony Oncidi and Michelle Lappen on Posted in Coronavirus, COVID-19, Workers Compensation
$10 Million Lawsuit over January 6th Capitol Riot-Related Firing
By Tony Oncidi and Michelle Lappen on Posted in California Labor & Employment Law, Wrongful Termination
California Updates Its Pay Data Reporting Requirements – Reports are due by March 31, 2021!
By Tony Oncidi, Kate Gold and Michelle Lappen on Posted in California Labor & Employment Law
