California Employment Law Update
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Mark Theodore

Partner

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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California Voters to Decide Future of PAGA in November 2024

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

West Hollywood Employers Now Must Provide 96 Hours of Paid Time Off for Full-Time Employees

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

Despite Employee-Friendly Test, California Court of Appeal Finds in Favor of Employer in Whistleblower Retaliation Claim

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 Safety Board Updates COVID-19 Emergency Temporary Standards

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

Court Declares California Law Requiring Diverse Corporate Boards Unconstitutional

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

Real WFH Stories: Employer Not Responsible for Ensuring Safety of Employees’ Homes, Appeals Court Holds

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

At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

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
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