California Lawyers Association  

 

Litigation Section   Top Courts Tackle Labor & Employment in 2018: Top 5 Take Aways   Credit(s): 1 Participatory MCLE Credits Course Number: LIT_8-21-18 Original Program Date: August 21, 2018 Duration: 1 hour Access: Available for 3 months after purchase Date: August 21, 2018 12:00 PM - 1:00 PM (Pacific)

 

Description: 

 

2018 has offered up some earthquakes in Labor & Employment.  As we take a look at these decisions, their immediate impact, and the ripples following in their wakes, we look ahead to 2019 and a newly constituted US Supreme Court and California Supreme Court.
SCOTUS: 

• Epic Systems v. Lewis (class waivers & arbitration)
• Janus v. AFSCME (union fees)
• Encino Motorcars LLC v. Navarro et al. (FLSA)

The Ninth Circuit: 

• Rizo v. Yovino (Equal Pay Act)

The California Supreme Court: 

• Dynamex Operations West Inc. v. The Superior Court of Los Angeles County (independent contractor)

 

Faculty:

 

Kristen J. Nesbit 

Kristen Nesbit is a partner in Fisher Phillips’ Los Angeles office where she practices employment litigation and client counseling.  
Kristen represents employers from case inception through trial or arbitration. She has represented organizations in multiple jury trials that have resulted in defense verdicts for her clients. Most recently, Kristen served as co-trial counsel in the case Jose Lomeli and Richard McAllister v. Arrow Truck Sales, Inc., Volvo Group North America, Inc, Jody Johnson and Brent Stout, where she obtained a complete defense verdict after a 12 day jury trial in downtown Los Angeles, California. At trial, two former managers alleged harassment and discrimination based on race/color, national origin, religion and age along with retaliation for opposing such harassment and discrimination against the defendants.   
Kristen prides herself in serving as a trusted adviser and strategic partner for her clients. In this vein, she counsels clients regarding a variety of labor and employment issues including the Worker Adjustment and Retraining Notification Act (WARN), Family and Medical Leave Act (FMLA), interactive process and reasonable accommodations, talent management and performance, workplace investigations, and wage/hour compliance.   Kristen focuses on finding creative, practical, cost-effective solutions to address her clients’ needs and goals when dealing with these issues.

 

Wendy McGuire Coats, Moderator

Wendy McGuire Coats is certified as a specialist in Appellate Law by the California Board of Legal Specialization and is a partner in Fisher Phillips’ San Francisco office, leading the firm’s California Appellate Practice. She represents clients in all aspects of appellate litigation in state and federal appellate courts, particularly in navigating questions of first impression or rapidly evolving labor and employment issues.
A disciplined writer and appellate strategist, she has briefed dozens of appeals and writs in the United States Supreme Court, the Ninth Circuit and Federal Courts of Appeals, the California Supreme Court, and the California Court of Appeal. 
Crucial to appellate success, Wendy collaborates with trial counsel and prepares for appellate consequences before, during, and after trial. Whether consulting on dispositive motions, preserving issues for potential review, or drafting critical motions in limine, jury instructions, or special verdict forms, Wendy’s appellate perspective positions clients to secure common sense, correct, and just appellate outcomes.

 

 

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