Arthur F. Silbergeld

Photo of Arthur F. Silbergeld Arthur joined Norton Rose Fulbright's Los Angeles office in 2014. Annually identified as one of the top employment litigators in California, he advises and defends employers in every aspect of employment law and labor relations, including defense in federal and state courts in individual and class action complaints, discrimination, harassment, retaliation, disability, wrongful termination and whistleblower claims (including Sarbanes-Oxley complaints), drug testing, privacy, leave of absence and reductions in force, OSHA and Cal-OSHA, trade secret and non-compete issues. Arthur has represented and defended employers in all aspects of labor relations, including union organizing campaigns, bargaining negotiations, strikes, picketing, boycotts, grievance and arbitrations, Section 301 litigation and multi-employer trust fund matters. He has first-chaired more than 100 trials and private arbitrations and has defended numerous employers in federal and state bench and jury trials in class actions and individual claims covering a wide spectrum of laws affecting personnel. He has assisted employers in evaluating risk and resolving disputes in early mediation in response to more than 300 demands and complaints.

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Recent developments in California labor and employment law

Recent California labor and employment law developments could signal good news for employers facing individual and/or representative claims under California’s Private Attorneys General Act (“PAGA”).  Specifically, a newly-enacted state law could potentially help rein-in the rising number of individual and representative PAGA claims by providing employers an opportunity to remedy certain “technical” Labor Code violations … Continue reading

What are the employment implications of the transfer of a business in the US?

When a buyer acquires the assets of another company, both the buyer and the seller must focus on federal and state laws in the United States which impact on employees who transition on the sale of the business.  For example, if a sufficient number of employees are affected, the federal Worker Adjustment and Retraining Act … Continue reading

Paid sick days law in California is amended

The California Healthy Workplaces, Healthy Families Act of 2014 (“the Act”) went into effect on January 1, 2015, but its key accrual and use provisions became effective on July 1. On July 13, 2015, Governor Jerry Brown signed Assembly Bill 304, amending California’s Sick Leave law to make immediate changes. Those amendments state: Employers may … Continue reading

Who’s reading your email? Purple Communications and fighting the urge to cyber-spy

This month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property—seeing email as not much more than a real-life … Continue reading

Who’s reading your email? – Purple Communications and fighting the urge to cyber-spy

Last month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property – seeing email as not much more than … Continue reading

A Shake-Up for Franchisors: NLRB issues 43 unfair labor practice complaints against McDonald’s

The General Counsel of the National Labor Relations Board has authorized Regional Counsel in regional offices throughout the United States to issue 43 unfair labor practice complaints in cases involving claims that McDonald’s USA and its franchisees are “joint employers” and jointly liable. These cases involve claims by workers at franchisee-owned restaurants that they were … Continue reading

We filter: Crafting An affirmative defense to sexual harassment?

Many employers have implemented policies and procedures to protect employees from harassment in the electronic work space in an effort to limit liability. EEOC statistics suggest that claims of unlawful harassment through electronic communications, including emails, pornographic websites, and sexual comments on social media and blogs make up an increasing percentage of sexual harassment charges … Continue reading
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