Philippe A. Lebel
Senior Counsel
Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and appellate level, and before administrative agencies.
In addition to his litigation work, Phil regularly advises clients regarding compliance with federal, state and local employment laws, and assists a variety of companies and financial firms in evaluating labor and employment issues in connection with corporate transactions. Phil also has experience assisting employers with sensitive employee investigations and trainings. Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board.
Phil has assisted clients in a wide array of sectors including in the biotech, education, entertainment, financial services, fitness, healthcare, high-tech, legal services, manufacturing, media, professional services, sports, and staffing industries, among others.
Phil regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily Journal, The Hollywood Reporter, Business Insurance, and SHRM.org regarding a variety of labor and employment law topics.
During college, Phil worked on political campaigns in Atlanta, Georgia and Birmingham, Alabama, and was an intern with the National Gay and Lesbian Task Force and the Gay and Lesbian Victory Fund. Phil is a former member of the Board of Directors of the AIDS Legal Referral Panel.
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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
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
On May 18, 2021, Santa Clara County issued a new Order of the Health Officer (the “Order”) that took effect on May 19th. Of particular note, the Order imposes two new obligations: First, it mandates that employers require all personnel to immediately alert their employer if they test positive for COVID-19 and were present in … Continue Reading
Weeks after the Equal Employment Opportunity Commission (“EEOC”) weighed in, the California Department of Fair Employment and Housing (“DFEH”) recently released updated COVID-19 employment FAQs addressing the permissibility of employer-mandated COVID-19 vaccination policies. Taking a page from the EEOC’s January 2021 guidance, the DFEH indicated that employers may require employees to receive an FDA emergency use … Continue Reading
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal period punch times, as with work start and stop times; and (2) whether records showing a missed, late, or short meal … Continue Reading
As recently reported by the Los Angeles Times, People, and a slew of other national and local media outlets, famed Beverly Hills restaurant, La Scala, recently faced significant public backlash after sending out invitations to a Prohibition-themed, indoor New Year’s Eve celebration. The invitation, which was distributed to select customers, read: “We are considering taking … Continue Reading
California’s Division of Occupational Safety and Health, better known as “Cal/OSHA,” recently issued new emergency temporary standards to protect workers from COVID-19 (the “Emergency Temporary Standards”), which were approved by the Office of Administrative Law earlier this week. The Emergency Temporary Standards, which are now in effect, apply to virtually all California employers, employees, and … Continue Reading
Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family Rights Act (“CFRA”) to employers with as few as five employees. Beginning on January 1, 2021, when SB 1383 takes … Continue Reading
On September 30, 2020, Gov. Newsom signed Assembly Bill 979 (“AB 979”) into law. The new statute, which adds section 301.4 to the Corporations Code, is aimed at increasing representation from communities of color and the LGBT community on the boards of publicly traded companies. The law follows in the footsteps of earlier legislation that … Continue Reading
Late last week, Gov. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code. The new statute, which takes effect January 1, 2021, requires that employers notify employees and, in some instances, public health officials about COVID-19 exposures at work. Specifically, Section 6409.6 requires that employers … Continue Reading
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which is intended to fill gaps left by the Families First Coronavirus Response Act (“FFCRA”). The new law requires that private employers with 500 or more employees in the United States provide eligible (non-food sector) employees with up to 80 hours of supplemental … Continue Reading
Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary injunction, requiring the companies to reclassify their California drivers as “employees” within 10 days. The order came in the context of a … Continue Reading
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of California issued the former Local Rule 23-3, which set a 90-day deadline to file a motion for class certification from … Continue Reading
Even after the Supreme Court’s favorable decision in Epic Systems Corp. v. Lewis (“Epic”), California courts will not compel a PAGA claim to arbitration. In Collie v. The Icee Co., a former employee of The Icee Company, Tauran Collie, alleged a single cause of action under California’s Private Attorney General Act (“PAGA”) against her former … Continue Reading
As we previously reported, last week, Gov. Gavin Newsom and California’s State Public Health Officer cleared the music, film and television industry to resume work no earlier than this Friday, June 12, 2020, subject to county-by-county approval. On June 10, 2020, Los Angeles County Director of Public Health, Dr. Barbara Ferrer, announced that she was … Continue Reading
California has long been considered one of the “capitals” of the fitness industry as it is home to thousands of gyms and boutique fitness studios. COVID-19 hit the state’s fitness industry particularly hard when shelter-in-place orders were announced in mid-March and, as we detailed in an article last month, now presents unique reopening challenges. On … Continue Reading
On Friday June 5, Gov. Newsom announced that California has authorized the music, film and television production industries to reopen on or after this coming Friday, June 12, 2020. The same day, Gov. Newsom announced the reopening of fitness facilities, day camps, and several other industries. Although the State Public Health Officer had been … Continue Reading
As we discussed in a guest column in The Hollywood Reporter in April, the entertainment industry faces unique challenges as it plans to resume operations. On May 20, 2020, California Governor Gavin Newsom suggested that California would release guidelines for reopening the entertainment industry by Memorial Day. However, to date, California’s Public Health Officer has not … Continue Reading
On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which creates a time-limited rebuttable presumption that workers who are still reporting to their employer’s workplace and who test positive for COVID-19 are eligible for workers’ compensation benefits. Specifically, the Order provides that any COVID-19-related illness of an employee shall be “presumed to arise out … Continue Reading
On March 27, 2020, the Los Angeles City Council approved a new ordinance that would have required Los Angeles employers to provide up to 80 hours of supplemental sick leave relating to COVID-19. The broadly-worded ordinance provoked opposition from some in the business community. Last night, LA Mayor Eric Garcetti signed a Public Order Under … Continue Reading
As we previously reported, six Bay Area counties and the City of Berkeley previously issued expansive shelter-in-place orders requiring all but “Essential Businesses” to cease operations. Yesterday, all seven jurisdictions (Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara Counties and the City of Berkeley) issued orders extending their shelter-in-place requirements through May … Continue Reading
Today, March 19, 2020, Gov. Gavin Newsom issued Executive Order N-33-20 requiring all individuals living in California to “stay home or at their place of residence except as necessary to maintain continuity of operations of the federal critical infrastructure sectors.” Individuals are permitted to leave their homes for necessities such as obtaining food, prescriptions and … Continue Reading
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 … Continue Reading
In the last few days, California’s most populous cities and counties have issued broad-sweeping guidelines to businesses to curb the spread of COVID-19 through enhanced social distancing measures. These orders, most of which last through the end of March or early April, vary significantly in scope and severity. On March 15, 2020, the City of … Continue Reading
California Workers Can’t Ditch Masks Just Yet
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19
Alleged Employer Violation of a Local Ordinance Cannot Support a Wrongful Discharge Claim
Big Brother Comes to Santa Clara County with Latest COVID-19 Order
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19
You Get a Shot, and You Get a Shot! California Paves the Way for Mandatory Vaccination Policies
By Tony Oncidi, Philippe A. Lebel and Dylan K. Tedford on Posted in COVID-19, Employment Policies, Workplace Safety
California Supreme Court Hands Employers a Mixed Bag on Meal Periods
By Tony Oncidi and Philippe A. Lebel on Posted in Uncategorized
No Reservations! A Beverly Hills Dining Institution Provides a Reminder to Adhere to Health Officer Orders
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19
As COVID-19 Cases Overwhelm the Golden State, Cal/OSHA Imposes More Burdens on Employers
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Workplace Safety
California Expands Its Already Generous Leave Requirements To Cover Even Smaller Employers
By Tony Oncidi, Philippe A. Lebel and Kristina L. Sidrak on Posted in CFRA, Leaves of Absence
California Mandates Diversity Quotas for Corporate Boards
By Tony Oncidi and Philippe A. Lebel on Posted in Diversity and Inclusion, New and Proposed Laws and Legislation
Spread The Word: California Enacts COVID-19 Exposure Notification Law
By Tony Oncidi, Philippe A. Lebel and Kristina L. Sidrak on Posted in COVID-19
California’s New Supplemental Paid COVID-19 Sick Leave, Effective September 19, 2020
By Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Leaves of Absence, Paid Sick Leave
“Oh, We Were Just Leaving!”: California Court Halts Order Requiring Uber and Lyft to Reclassify Drivers
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in California Labor & Employment Law, Independent Contractors
Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!
By Tony Oncidi and Philippe A. Lebel on Posted in California Labor & Employment Law, Class Actions, COVID-19
California Court of Appeal Confirms that PAGA Claims Cannot be Compelled to Arbitration
By Kate Gold, Philippe A. Lebel and Cole Lewis on Posted in PAGA
Mask On, Roll Camera: LA County Greenlights Hollywood Production Restart
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Entertainment Industry
Time to Work Off the COVID 19 (lbs)… California Fitness Employers Reopen!
By Philippe A. Lebel and Danielle J. Moss on Posted in Coronavirus, COVID-19
The Wait is (Almost) Over! California Greenlights Resumption of Music, Film and Television Production
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Entertainment Industry
Lights, Camera, PPE: Hollywood Guilds and Studios Take Action On Resuming Production
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Entertainment Industry
California Will Presume COVID-19 Infections Arose From On-Site Work Performed After March 19
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Workers Compensation
Los Angeles Issues New Sick Leave Rules
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Leaves of Absence
Lockdown Bay Area: Northern California Jurisdictions Extend and Expand Shelter-In-Place Orders
By Philippe A. Lebel on Posted in Coronavirus, COVID-19
California Orders Residents (All 40 Million!) To Shelter In Place
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19
Various California Localities Issue Important New Social Distancing Orders
By Tony Oncidi, Cole Lewis and Philippe A. Lebel on Posted in Coronavirus, COVID-19
California Cities and Counties Advise (or Order) Businesses to Close Up Shop
By Philippe A. Lebel on Posted in Coronavirus, COVID-19
