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Elyssa Sternberg

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Elyssa Sternberg is an associate in the Labor and Employment Practice Group in the firm's Los Angeles office.

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In Lawson v. PPG Architectural Finishes, Inc., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022), the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 should not be evaluated under the McDonnell Douglas test, but instead the standard enumerated in Labor Code section 1102.6.  Under the section 1102.6 standard, a plaintiff must show that a protected activity was a contributing factor in a prohibited action against the employee by a preponderance of the evidence.  The employer must then demonstrate with clear and convincing evidence that the action would have occurred for legitimate, independent reasons, even if the employee had not engaged in protected action.
Continue Reading California Supreme Court Holds That McDonnell Douglas Standard Should Not Be Used When Evaluating Whistleblower Retaliation Claims

The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers.  The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical Leave Act (“FMLA”), including a decision concerning what constitutes a “workweek” for FMLA purposes.  Additionally, as of January 1, 2021, smaller employers in California will have to grant 12 weeks of leave under the California Family Rights Act (“CFRA”).  Employers should consider these changes as they update their leave policies, especially as employees may take more extended leaves during the COVID-19 pandemic.
Continue Reading California Employers Should Be Aware of Updates to Leave Requirements

The Workers Adjustment and Retaining Notification (WARN) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, “unforeseeable business circumstances.”
Continue Reading States May Have Additional Layoff Notice Requirements Under “Mini-WARN” Statutes

Sheppard Mullin is committed to providing employers with updated information regarding the Coronavirus/COVID-19 and its impact on the workplace.  In light of the World Health Organization’s (WHO) declaration this week that COVID-19 qualifies as a pandemic, it is more important than ever for employers to prepare and understand the various laws at issue.  The Equal Employment Opportunity Commission (EEOC) issued Guidelines in 2009 (“2009 Guidelines”) that were designed to help employers deal with H1N1.  These Guidelines address how employers can deal with the realities of a pandemic while complying with the requirements of the Americans with Disabilities Act (ADA).  Significantly, the EEOC recently indicated that its 2009 Guidelines remain relevant today in connection with the current pandemic.
Continue Reading Employers Must Consider the ADA and Other Disability Laws When Confronted With a Pandemic

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus

Employers began to rethink how they obtain authorization and retrieve background and credit checks for new employees after the Ninth Circuit’s decision in Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169, 1177 (9th Cir. 2019), as we’ve previously discussed. However, lower California courts recently decided other issues surrounding background checks, such as the amount of time employees have to file a claim. These recent rulings suggest that the statute of limitations for an employee to file a claim for an alleged violation of federal and/or state background and credit checks laws can begin on the employee’s first day of work.
Continue Reading First Day on the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks