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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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
Today, the California Supreme Court issued its long-awaited opinion in Kim v. Reins Int’l Cal., Inc., holding that an employee’s settlement and dismissal of underlying Labor Code claims does not deprive the individual of the ability to later assert a representative action under the Labor Code Private Attorneys General Act (“PAGA”)—even if it involves the … Continue Reading
As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter by Generation Z and Millennials, has been used to dismiss baby boomers’ thoughts and opinions, sometimes viewed by younger … Continue Reading
Yesterday, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019). In a rearguard effort to fight employment arbitration agreements, which usually include class action waivers, plaintiffs’ lawyers have been … Continue Reading
