Point Two L&E Nation

When employers across America face a labor or employment law issue on the Left Coast, a phrase they often hear is, “California it’s different.”

For better or worse, California is different. California is also important, as the nation’s most populous state, the world’s fifth-largest economy, and a notorious trend-setter in employment law. And California’s influence is not limited to just its sister states.

For the last 20+ years, Seyfarth's California Peculiarities publication has provided employers in-depth analysis on just what makes California labor and employment law so peculiar. Behind this extraordinary publication is David Kadue, a partner in Seyfarth’s Los Angeles Century City office. For over two decades, David has been the inspiration and architect behind “Cal Pecs” and has been tireless in his efforts to bring to light the most vexing and peculiar aspects of California employment law, helping guide clients and attorneys through the complex legal landscape with light and humor.

In this episode of the Point Two podcast, Seyfarth partner Chelsea Mesa sits down for a one-on-one discussion with David to learn about the history of the resource, some of the more memorable moments in the publication's history, and how our Golden State expert feels about leaving the publication behind as he moves into retirement.

A conversation with Chelsea Mesa and Ben Conley about leave alternatives, avoiding employee burnout, and the creative ways employers are tackling employees’ need to reset and recharge. Inspired by the controversial concept of “me-ternity” or “child-free leave,” join us for this two part series in which we explore the impact of pandemic lockdowns and general “burnout” on employee morale--and what employers can do about it--as well as the latest trends for addressing employee demands for greater flexibility and time to truly get away.

A conversation with Chelsea Mesa and Ben Conley about leave alternatives, avoiding employee burnout, and the creative ways employers are tackling employees’ need to reset and recharge. Inspired by the controversial concept of “me-ternity” or “child-free leave,” join us for this two part series in which we explore the impact of pandemic lockdowns and general “burnout” on employee morale--and what employers can do about it--as well as the latest trends for addressing employee demands for greater flexibility and time to truly get away.

If some people opt-out of brain implants for religious, medical, or personal reasons, will non-implanted employees struggle to keep up with their “super human” enhanced counterparts in the workplace? Seyfarth Partner Christina Meddin discusses how “non-implanted status” could eventually be a disability under the Americans With Disabilities Act, prohibiting employers from discriminating against employees without implants and requiring employers to offer workplace accommodations to non-implanted employees.

Seyfarth Partner Christopher DeGroff discusses existing laws that prohibit employers from mandating that employees implant themselves with certain microchip technology. Chris offers insight into how laws like Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act may evolve, or entirely new laws may be enacted, to address brain implant technology in the workplace.

Neuroscientist Graeme Moffat discusses the conceivable future of brain implant technology, including the possibility that such technology may allow people to achieve super-human cognition, resulting in potential performance disparities in the workplace between implanted and non-implanted employees.

Neuroscientist Graeme Moffat discusses the current state of invasive and non-invasive computer-brain interface technology and how it is currently being used in workplaces.

In this episode, Gerald L. Maatman, Jr. explores the trend of government enforcement litigation slowing considerably. Although the value of government enforcement settlements went up, agencies like the EEOC downsized their litigation enforcement programs and brought fewer lawsuits in 2020 than in any year of the past decade. Most significant for employers, during the past year, the EEOC undertook multiple initiatives that reflected a shift away from systemic litigation as a priority.

In this episode, Gerald L. Maatman, Jr. explores how, somewhat counter-intuitively, the aggregate monetary value of workplace class action settlements increased in 2020, as settlement numbers went up and plaintiffs’ lawyers and government enforcement actions monetarized their claims at higher rates. Many employers and commentators alike expected the pandemic to depress the size and pace of settlements in the new “cash is king” approach to the business cycle. Instead, workplace class action litigation defied the odds.

In this episode, Gerald L. Maatman, Jr. discusses how the data and analysis from workplace class action rulings, case filings, and settlements showed that change is the new normal in 2020-2021. As many pro-business precedents continued to roll out and take hold in 2020, voters elected to turn the White House from red to blue and, as a result, likely precipitated changes in numerous areas that will expand worker rights. Along with changes in the arbitration landscape, the shift in Administrations is likely to bring increased regulation of businesses, renewed enforcement efforts, and policy changes at the agency level that will result in efforts to abandon or overturn pro-business rules of the Trump Administration.