California Labor &
Employment Law Blog
Jan 18, 2010

Key Election for EFCA and Other Federal Employment Legislation

Topics: Legal Information, New Laws & Legislation

For many of us in California,Tuesday is the first day back from a three day holiday weekend. However, in Massachusetts, it is also an election day. Massachusetts citizens today will choose a replacement for the late Senator Ted Kennedy.

Most people believe it is a very close race between Democrat Martha Coakley and Republican Scott Brown. The result of this race is much bigger than Massachusetts politics. If Brown wins, the Senate will then have 41 Republicans, enough to fillibuster any Democratic sponsored legislation, including the Employee Free Choice Act (EFCA). In reality, the success of many of the pro-employee legislation now sitting in Congress (FMLA expansion, WARN Act expansion, mandatory sick leave, EFCA, Arbitration Fairness Act, and many other bills) may be riding on Martha Coakley's ability to keep both Massachusetts Senate seats with the Democrats.

It may not be an election day in California, but California employers should pay close attention to what is happening in Massachusetts Tuesday.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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