Photo of Philippe A. Lebel

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 levels, as well as 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, cutting edge-trainings, pay equity analyses and comprehensive audits of employment practices.

Phil has assisted clients in a wide array of sectors including in the biotech, education, entertainment, fashion, financial services, fitness, healthcare, high-tech, legal services, manufacturing, media, professional services, retail, sports, and staffing industries, among others.

Phil regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily JournalThe Hollywood ReporterBusiness Insurance, and SHRM.org regarding a variety of labor and employment law topics.

Before law school, Phil was an intern with the National Gay and Lesbian Task Force and the Gay and Lesbian Victory Fund, during which he assisted on political campaigns in Alabama and Georgia. Phil is a former member of the Board of Directors of the AIDS Legal Referral Panel.

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 June 5, 2020, Gov. Gavin Newsom announced that gyms

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 issuing industry-specific reopening protocols, the Public Health Officer directed employers

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 released any targeted guidance regarding reopening the industry.

The

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 of and in the course of the employment” if

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 City of Los Angeles Emergency Authority (“Emergency Order”) that suspends

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 3, 2020

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 health care, but are required to practice social distancing

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 serve alcohol but not food to close.  It

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 Los Angeles issued an order requiring the following businesses to

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 same underlying conduct.

First enacted in 2004, the