Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S.
Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in nearly all industries, including multi-unit, multi-location, multi-employer and multi-union bargaining.
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The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee’s constructive wrongful termination claim against the news outlet, finding that requiring an employee to perform tasks more advanced than their pay level, without promotion, could constitute “intolerable” working conditions. The plaintiff alleges she was working as … Continue Reading
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes. In a new twist, … 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 of Friday, July 1, non-hotel employers with full-time employees in West Hollywood must provide up to 96 hours of compensated time off (“CTO”) each year. (Part-time West Hollywood employees must receive a prorated number of CTO hours based on their hours worked.) These requirements already went into effect for hotel employers on January 1, … Continue Reading
As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022). Despite the newly affirmed and extremely high burden for employers to prevail against Section 1102.5 claims … Continue Reading
California’s Occupational Safety and Health Standards Board has voted for the third time to readopt and revise the Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”), which lay out guidelines for testing, masking, and other COVID-19 prevention measures for employers to follow with respect to their employees and workspaces. The most recent ETS took effect on May 6. … Continue Reading
As discussed in our previous blog, on April 1, 2022, Los Angeles Superior Court Judge, Terry Green, granted summary judgment in favor of individuals represented by D.C.-based nonprofit Judicial Watch, declaring Assembly Bill 979 (“AB 979”) to be unconstitutional and granting an “injunction preventing the expenditure of taxpayer funds on the implementation of the measure.” … Continue Reading
California law requires employers to furnish a “safe and healthful” workplace to employees. Now that the line between “workplace” and “home” has been blurred for so many workers in the wake of the COVID-19 pandemic, the law has been unclear as to whether that obligation extends to an employee whose “workplace” happens to be their … Continue Reading
A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character of the job was misleading. In the case Kenneth Allen White v. Smule, Inc., the Court of Appeal reversed … Continue Reading
A federal appeals court has barred the NLRB's ability to require employers to post the employee rights poster while litigation over the legality of the rule continues.
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Work Beyond Pay Grade Can Be Grounds for Constructive Termination, Court Rules
By Mark Theodore and Dixie Morrison on Posted in Constructive Discharge, Wrongful Termination
EMPLOYMENT ARBITRATION AGREEMENTS REMAIN LEGAL IN CALIFORNIA – AT LEAST FOR NOW!
California Voters to Decide Future of PAGA in November 2024
By Mark Theodore and Michelle Lappen on Posted in California Labor & Employment Law, PAGA
West Hollywood Employers Now Must Provide 96 Hours of Paid Time Off for Full-Time Employees
By Mark Theodore and Dixie Morrison on Posted in Vacation or PTO
Despite Employee-Friendly Test, California Court of Appeal Finds in Favor of Employer in Whistleblower Retaliation Claim
California Safety Board Updates COVID-19 Emergency Temporary Standards
By Mark Theodore and Dixie Morrison on Posted in Coronavirus, COVID-19
Court Declares California Law Requiring Diverse Corporate Boards Unconstitutional
By Mark Theodore and Ariel Brotman on Posted in California Labor & Employment Law, Diversity and Inclusion
Real WFH Stories: Employer Not Responsible for Ensuring Safety of Employees’ Homes, Appeals Court Holds
By Mark Theodore and Dixie Morrison on Posted in Workplace Safety, Workplace Violence
At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties
By Mark Theodore and Wesley C. Shelton on Posted in California Labor & Employment Law, California Labor Code, Hiring
NLRB Rights Poster Requirement Temporarily Barred By Court – Posting No Longer Required On April 30
By Mark Theodore on Posted in NLRA