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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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
Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments. This ordinance, which the Los Angeles City Council approved in an 11-to-2 vote, takes effect November 4, 2021. However, beginning October 21, 2021, the ordinance requires businesses and City facilities … 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
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
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
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
Los Angeles City Council Approves Sweeping Vaccine Ordinance for Indoor Establishments
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 Revokes Controversial Masking Rules
By Tony Oncidi, Philippe A. Lebel and Michelle Lappen 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
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
