LAUREN TEUKOLSKY TO SPEAK IN MARCH 2025 AT LA COUNTY BAR’S ANNUAL LABOR & EMPLOYMENT LAW SYMPOSIUM1/30/2025 ![]() Lauren Teukolsky is set to speak at the Los Angeles County Bar Association’s 45th annual Labor & Employment Law Section Symposium. The LACBA symposium will take place on Wednesday, March 19 at the Biltmore Hotel in downtown Los Angeles from 8:30 am to 5:00 pm. Ms. Teukolsky will speak on a panel alongside Tritia Murata, Partner at Davis Wright Tremaine LLP, Cynthia Sandoval, mediator at Sandoval Mediation, and Todd Ratshin, Deputy Secretary of Enforcement at the California Labor & Workforce Development Agency (LWDA). The panel will discuss the changes made to Private Attorney General Act (PAGA) law in the past year, including the recent appellate decisions about “headless” PAGA cases, the introduction of the early evaluation conference process, the limitations on violations that plaintiffs can assert, and the greater number of violations that employers can cure. The panel will reflect on how these changes impact their work and approach to PAGA litigation. Speakers will also touch on the state of wage-and-hour laws ranging from healthcare workers’ minimum wage to protections for child social media influencers. Ms. Teukolsky has worked to protect employees’ rights for over two decades and speaks regularly at conferences on employment law. Earlier this month, Ms. Teukolsky spoke at the Berkeley Law School Conference on Gender Discrimination and Harassment Law about a new federal law that excludes sexual harassment claims from arbitration. She recently spoke about PAGA at the UCLA Law Women LEAD conference, and moderated a session at CELA’s (California Employment Lawyer Association) Annual Employment Law Conference on individual wage-and-hour arbitrations. Her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. To register for the LACBA Symposium on March 19, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here.
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On January 24, 2025, Lauren Teukolsky spoke at the Sixth Annual CLE Conference on Gender Discrimination and Harassment Law at the UC Berkeley School of Law. Berkeley’s Center on Comparative Equality and Anti-Discrimination Law hosted the conference, which explored new developments in gender discrimination and harassment law in California and other jurisdictions. Ms. Teukolsky spoke on forced arbitration of employment claims, alongside David Lowe, a Partner at Rudy Exelrod Zieff & Lowe, and Steve Tindall, a Partner at Gibbs Law Group. Ms. Teukolsky contributed an article for the conference discussing a federal law that became effective in March 2022 excluding sexual harassment and sexual assault claims from arbitration (the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), and recent cases that interpret its scope.
Ms. Teukolsky has worked to protect employees’ rights for over two decades and regularly speaks at conferences on employment law. Her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. ![]() Lauren Teukolsky was recently quoted in a Daily Journal article and a Bloomberg Law article about a recent 2nd District Court of Appeal opinion halting the growing trend of “headless” PAGA cases. The Private Attorney Generals Act (PAGA) permits employees to act as deputies of the state and bring a suit on behalf of themselves and other aggrieved employees to enforce the Labor Code. A “headless” PAGA case is one in which the plaintiff disclaims all individual claims and seek PAGA penalties solely on behalf of other aggrieved employees. Plaintiffs typically engage in this practice to avoid mandatory arbitration of individual claims and the resulting delay in their PAGA case. This practice grew in popularity after the California Court of Appeals issued Balderas v. Fresh Start Harvesting in April 2024, holding that workers who disclaim their individual claims can still bring a group PAGA action on behalf of other aggrieved employees. But in December 2024, a different division of the California Court of Appeals ruled in Leeper v. Shipt that a PAGA action on behalf of others necessarily includes an individual PAGA claim for the plaintiff, and the individual claim can be compelled to arbitration while the PAGA claim remains stayed in court. The Daily Journal quoted Ms. Teukolsky saying if Leeper remains good law, “it is the end of the headless PAGA case.” She adds that, “there’s going to be a huge wave of defendants fling motions for reconsideration of lower court decisions that have allowed such lawsuits to proceed.” Bloomberg Law noted Ms. Teukolsky’s analysis of twenty post-Balderas court orders found that a majority denied motions to compel arbitration based on Balderas. She noted that “Given the sheer number of cases involving the headless PAGA issue, it seems likely that other courts of appeal will weigh in, and eventually the California Supreme Court will take one of these cases to clarify the law.” Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. To read the Daily Journal article, click here. To read the Bloomberg Law article, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. In 2024, California’s appeals courts handed three victories to workers relying on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) to keep their sexual harassment and assault cases out of arbitration. President Biden signed the law on March 3, 2022. It permits workers alleging a sexual assault or harassment claim to keep their case in court, voiding any mandatory arbitration agreements. Employers have increasingly required employees to sign arbitration agreements at the outset of employment, forcing those workers into a discriminatory one-sided process.
Arbitration is plagued with unresolved problems. Arbitrators are primarily white and male, far less diverse than juries in major metropolitan areas. The two largest employment arbitration organizations in the U.S. have reported data showing that 88% of their arbitrators are white and 77% are male. Further, arbitration is a largely secretive process with unclear rules and little oversight. This effectively silences victims of sexual assault and harassment. Forced arbitration agreements are widespread and currently cover 56% of all non-union private sector employees. A 2018 study done by the Economic Policy Institute found that mandatory arbitration is common in low-wage workplaces and in industries disproportionately comprised of women and African Americans. The EFAA provides much-needed relief because it makes arbitration agreements in sexual harassment cases unenforceable, permitting workers to keep their case in court. Predictability, since EFAA’s passage, employers have fought vigorously to limit the law’s applicability and scope. Fortunately, they have had limited success in California. In two recent decisions, Doe v. Second Street Corp., 105 Cal. App. 5th 552 (2024), and Liu v. Miniso, 105 Cal. App. 5th 791 (2024), the California Court of Appeal broadly interpreted EFAA’s arbitration ban, holding that the EFAA exempts a plaintiff’s entire case from arbitration so long as the employee asserts at least one claim of sexual harassment or assault. In both cases, the court rejected employers’ argument that only sexual harassment or assault claims should stay in court, but unrelated claims should be arbitrated. However, the EFAA plainly states that arbitration agreements are unenforceable with respect to a plaintiff’s “case,” not just a “claim.” If Congress intended for the law to exempt only specific claims, it would have crafted the law to state as much. On November 15, 2024, the employer in the Liu case filed a petition for review with the California Supreme Court, but it is unclear whether the state’s highest court will take up the appeal or wait for more appellate courts to weigh in. In Kader v. S. California Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024), the California Court of Appeal similarly handed a win to an employee who relied on EFAA to keep his case out of arbitration. The plaintiff signed an arbitration agreement while he was experiencing harassment, but before he filed a lawsuit. The employer argued that the EFAA applies only to arbitration agreements signed before the underlying sexual harassment occurs, also known as “predispute” arbitration agreements. The court rejected the employer’s argument, holding instead that a “dispute” arises for purposes of EFAA only when the parties take adversarial positions on an asserted right or claim. In this case, the “dispute” arose only when the plaintiff filed a harassment charge with the State’s civil rights agency, rendering the arbitration agreement he signed before then unenforceable. These three decisions represent victories for workers who have suffered from sexual assault and harassment who want to avail themselves of California’s robust public court system. If you believe you have faced sexual assault or harassment at work, or have questions about arbitration, contact Teukolsky Law today for a free consultation. Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the November 2024 edition of the CLA California Labor and Employment Law Review. Her column describes three recent decisions from California’s Supreme Court and appellate courts that affect wage-and-hour law.
Ms. Teukolsky’s column discusses whether Proposition 22’s classification of Uber and Lyft drivers as independent contractors is constitutional, and whether courts can approve PAGA settlements even when there are multiple overlapping PAGA cases. Her column also explores whether public entities are subject to California’s Labor Code provisions for rest and meal breaks. California Lawyers Association (CLA) is a voluntary statewide bar association. Its mission is to “promote excellence, diversity and inclusion in the legal profession and fairness in access to justice and the rule of law.” Ms. Teukolsky was recently appointed to serve on the Executive Committee of CLA’s Labor & Employment Section. Her three-year term started in October 2024. Ms. Teukolsky has written for CLA’s California Labor and Employment Law Review for over two years. Her “Wage and Hour Case Notes” are published on an alternating quarterly basis. Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. If you would like to speak with Ms. Teukolsky about a wage-and-hour matter, click here. Lauren Teukolsky was recently quoted in a Bloomberg article about the increasing use by California employees of “headless” PAGA cases to avoid being forced to arbitrate their wage-and-hour claims. The Private Attorney Generals Act (PAGA) permits employees to act as deputies of the state and bring a suit on behalf of themselves and other aggrieved employees to enforce the Labor Code. In 2022, the United State Supreme Court ruled that employers may not require employees to waive PAGA claims via a mandatory arbitration agreement. But the Court also ruled that employers can require employees to split their “individual PAGA claim” from the claim on behalf of others, and to arbitrate the individual claim.
A headless PAGA case is one in which the plaintiff disclaims all individual claims, including the individual PAGA claim, and files the lawsuit to seek PAGA penalties solely on behalf of other aggrieved employees. This strategy was galvanized after the California Court of Appeals issued Balderas v. Fresh Start Harvesting in April 2024, holding that workers who disclaim their individual claims can still bring a group PAGA action on behalf of other aggrieved employees. While Balderas was not about arbitration, several plaintiffs’ lawyers have seized on the holding of the case to file headless PAGA cases in an effort to stay out of arbitration. As stated in the Bloomberg article, Ms. Teukolsky’s analysis of 20 post-Balderas orders reveals that the majority of trial courts are following Balderas and permitting PAGA plaintiffs who disclaim individual claims to avoid arbitration. A small but significant minority are distinguishing Balderas and still requiring PAGA plaintiffs to arbitrate their “aggrieved employee” status. The Bloomberg article quoted Ms. Teukolsky saying, “Given this split, I anticipate we will see more decisions from the Court of Appeals in the next year or two about whether a PAGA plaintiff can stay out of arbitration by disclaiming all individual claims.” Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. To read the article in its entirety, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. ![]() Lauren Teukolsky will speak at the California Employment Lawyer’s Association (CELA) Leadership Conservatory training on Thursday, November 7 at Loews Coronado Bay Resort. CELA is a state-wide organization made up of over 1,200 attorneys who represent employees in employment cases and class actions. Ms. Teukolsky will speak on a panel titled, “Differing Leadership Styles,” and will discuss the importance of self-awareness and authenticity in becoming an effective leader. She will be speaking alongside CELA leaders Hugo Gamez and Glicel Sumagaysay, both attorneys at their own respective law offices. Ms. Teukolsky has worked to protect employees’ rights for over two decades and regularly speaks at conferences on employment law. She is a Fellow of the College of Labor and Employment Lawyers, and previously served as Co-Chair of CELA’s Wage & Hour Committee. Her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. To learn more about Ms. Teukolsky and her practice, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. ![]() Lauren Teukolsky will speak at the Sixth Annual CLE Conference on Gender Discrimination and Harassment Law at the UC Berkeley School of Law. The conference is on Thursday, January 23, 2025, and Friday, January 24, 2025. Berkeley’s Center on Comparative Equality and Anti-Discrimination Law is hosting the conference, which will explore new developments in gender discrimination and harassment law in California and other jurisdictions. Ms. Teukolsky is scheduled to speak on forced arbitration of employment claims, alongside David Lowe, a Partner at Rudy Exelrod Zieff & Lowe, and Steve Tindall, a Partner at Gibbs Law Group. Topics covered will include a new federal law excluding sexual harassment and sexual assault claims from arbitration (the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), and recent cases that interpret its scope. Ms. Teukolsky has worked to protect employees’ rights for over two decades and regularly speaks at conferences on employment law. Last September, Ms. Teukolsky was selected to moderate a session at CELA’s (California Employment Lawyer Association) 36th Annual Employment Law Conference on individual wage-and-hour arbitrations. Her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times. Ms. Teukolsky’s panel takes place on Friday, January 24, 2025, at 1:30 PM PT at The International House in Berkeley. To register for the conference, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. A slate of new protections for workers are now on Gavin Newsom’s desk as the 2023-2024 California legislative session officially ends. The dedicated advocacy of California Employment Lawyers Association has resulted in several promising measures one signature away from bringing new protections to California’s workers.
Expanding Protections for Household Domestic Services SB-1350 expands the California Occupational Safety and Health Act’s definition of “employment” to include household domestic services. The amended definition permits California to enforce and administer all occupational health and safety laws to protect employees performing household services. Previously, domestic workers were explicitly exempted from traditional worker protections. These protections are critical for the domestic service industry. In the California, domestic workers are largely migrants and women of color. The state contains an estimated 350,000 workers for 2 million households. These workers provide care to the most vulnerable populations of immunocompromised and senior individuals. They suffer the consequences of poor labor protection. A majority of surveyed household domestic workers (84%) have reported preventable musculoskeletal injuries and chronic pain, and over half of the surveyed workers (55%) reported working through their injuries due to fears about job security. Intersectionality in Anti-Discrimination Protections SB-1137 expands civil right protections in public schooling, public accommodations, housing, and employment. While the law currently affords protections against discrimination based on a protected trait, this bill expands those protections for any combination of two or more protected traits. Senator Smallwood-Cuevas, the bill sponsor, recognized that individuals with intersectional identities could face discrimination that does not neatly fall into any single category of discrimination. The bill is a common-sense reform that addresses this “intersectional discrimination” against Californians with overlapping identities. Advocates argue that the recognition of intersectional discrimination has judicial precedent. The EEOC and the Ninth Circuit have already recognized that protected characteristics can overlap creating an entirely unique form of discrimination. Enhancing Employment Protections for Survivors of Violence AB-2499 provides greater employment protections for survivors of violence. Existing law requires an employer to provide reasonable accommodations for a survivor of violence or crime. Pre-existing protections forbid employers from discharging or discriminating against employees because of their status as a survivor of crime, abuse, or for taking time off to serve on a jury or as a witness in a judicial proceeding. Amending existing law, this bill revises the definition of an unlawful employment practice under the California Fair Employment and Housing Act to include discrimination or retaliation against an employee for taking protected time off. California’s Civil Rights Department would have enforcement authority over violations of jury, court, and victim time off provisions. This bill addresses the growing impact of crime on employees. One in six victims of violent crime report job loss or demotion and 53% of domestic violence survivors report job loss due to their circumstances. For more on the latest developments in employment law, visit our blog here. If you believe your employer may have violated workplace laws, click here to get in touch with our office ![]() Lauren Teukolsky will speak at the UCLA Law Women LEAD Leadership Summit on Friday, September 27th. UCLA Law Women LEAD is an inclusive, intersectional community of UCLA Law women who aid each other in life and career. The group is hosting the Leadership Summit’s tenth anniversary which brings UCLA Law professors, alumni, and students from around the world to discuss important topics in the law. Ms. Teukolsky will speak on a panel discussing how to assess, litigate, and triumph in PAGA litigation after AB 2288 and SB 92. She will speak alongside Emily Gould Sullivan, Vice President of Legal at Ross Stores, Inc., and Tritia Murata, Partner at David Wright Termaine LLP. Ms. Teukolsky has previously discussed the impact of these bills on PAGA litigation in a Bloomberg Law article . She is a frequent speaker on employment law topics. Last September, Ms. Teukolsky was selected to moderate a session at CELA’s (California Employment Lawyer Association) 36th Annual Employment Law Conference on individual wage-and-hour arbitrations. She has spoken a number of times on PAGA, including for the California Lawyers Association, CELA, the Alameda County Bar Association and Beverly Hills Bar Association. Her commentary on the effects of the California Supreme Court decision Adolph v. Uber on PAGA claims was also featured in articles by Bloomberg Law and Law.com. Ms. Teukolsky’s panel starts at 1:25 pm PT at UCLA’s Schoenberg Hall. To register for the Leadership Summit, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here. |
AuthorLauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation. Archives
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