Ellen M. Bronchetti Ellen M. Bronchetti

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Ellen Bronchetti represents employers in employment and traditional labor disputes. Her litigation experience includes representing employers in state and federal cases involving issues in wage and hour, trade secret misappropriation, whistleblower, wrongful termination, harassment, discrimination, statutory leave, retaliation and breach of contract claims, including complex class actions and representative action litigation across the United States. Read Ellen Bronchetti's full bio. 

New California Law SB 1159 Creates Workers’ Compensation Presumption for Certain Eligible Employees


By and on Oct 1, 2020
Posted In Employee Benefits, Employment, Labor

On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. Among other things, the law creates a “disputable presumption” under workers’ compensation statutes for certain employees with confirmed cases of COVID-19 and establishes reporting requirements on confirmed cases and number of employees. Access the article.

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DOL Provides Guidance on Tracking Telecommuters’ Work Hours


By on Sep 22, 2020
Posted In Employment, Labor

Employers must use reasonable diligence in tracking nonexempt telecommuters’ work hours and may do this by providing a reporting procedure for unscheduled time, the US Department of Labor (DOL) stated in August 24 guidance. The workers then must be compensated for all reported work hours, even those not requested by the employer. In a recent...

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Revisit Wage and Hour Policies During the Pandemic


By on Jul 16, 2020
Posted In Employee Benefits

The coronavirus pandemic has shifted some employees to remote work permanently while others are telecommuting more frequently. Employers’ wage and hour policies and enforcement should account for the rise in telework. “Ensure that employees understand that time spent checking e-mails is compensable,” said Ellen Bronchetti, a partner at McDermott Will & Emery in San Francisco,...

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Preparing Your Workforce: How to Avoid Legal Landmines When Bringing Employees Back


By , , and on Jun 4, 2020
Posted In Employment

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in anticipation of the eventual return to work. To properly navigate the complexities of these novel COVID-19 employment issues, you need innovative...

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Emerging Trends Alert | Filling in the Gaps: Pay Equity


By , , , , and on Mar 5, 2019
Posted In Employment, Executive Compensation

In a presentation at McDermott’s Employment and Employee Benefits Forum, our lawyers discuss the patchwork of state and local laws surrounding pay equity for similarly situated employees doing the same job. Particularly in California, new developments have emerged further clarifying pay equity laws. For best practices, they recommend: Establishing compensation ranges across substantially similar jobs...

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Worker Classification: Complications Beyond the Front Page


By , , , and on Feb 7, 2019
Posted In Employee Benefits, Employment

When California’s Dynamex decision rolled out the “ABC test”, it placed the burden on the employer to prove independent contractor (IC) status. In a presentation at the Employment and Employee Benefits Forum in California, McDermott’s lawyers discussed the implications of Dynamex, as it applies to various types of employers as well as those using staffing...

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Dynamex: Stricter Definition of Independent Contractors Brings New Challenges for California Employers


By , and on Jun 19, 2018
Posted In Employment

Ron Holland, Ellen Bronchetti and Kevin Connelly presented on challenges California employers face in light of a stricter definition for independent contractors. They discuss the Dynamex presumption which places the burden on the hiring entity to establish that the worker is an independent contractor who was not intended to be included within the wage order’s...

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