Marjorie C. Soto Garcia

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Marjorie C. Soto Garcia’s labor and employment practice covers single plaintiff and class action litigation, employment counseling, traditional labor (including union activity and collective bargaining), and M&A and complex transactions. She regularly defends employers in state and federal lawsuits alleging discrimination, harassment, retaliation, wrongful termination, wage and hour violations, violations of the Fair Credit Reporting Act (FCRA), Private Attorney General Act (PAGA) actions and unfair labor practice charges under the National Labor Relations Act (NLRA). Marjorie is additionally experienced in managing complex transactions (including M&A), regularly providing clients with strategic advice on potential risks and practical, business-oriented solutions. She is also experienced in dealing with trade secret, confidentiality, non-compete and non-solicit matters in employment and separation contracts. Read Marjorie C. Soto Garcia's full bio.

Heightened Labor Scrutiny Looms Over Workplace Rules

By and on Feb 12, 2024
Posted In Employment, Labor

A recent National Labor Relations Board decision will likely expose a broader range of workplace rules to regulator enforcement. According to this HR Dive article, introducing even ordinary workplace rules during unionization could draw new scrutiny. However, as Christopher Foster and Marjorie C. Soto Garcia explain, there are steps employers can take to mitigate risk....

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Managing Your Workforce During Market Volatility: Labor and Union Issues

By , and on Jan 24, 2024
Posted In Employment, Labor

Corporate transactions and investments involving union issues require concrete analysis of risk, contingencies and game plans. In a January 31, 2024, webinar, McDermott’s Labor and Employee Benefits Groups will focus on practical steps and strategies to successfully navigate and evaluate key considerations for transactions involving unionized businesses. Discussion topics include: Union notice and bargaining triggers Successorship,...

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NLRB Makes Joint Employment the Rule, Not the Exception

By , , and on Dec 19, 2023
Posted In Employment

The National Labor Relations Board has changed its joint-employer rule, making it easier for entities doing business with each other to be deemed joint employers. The new rule goes further than any earlier joint-employer standard in two ways: (1) by making clear that indirect (or even unexercised) control is sufficient to prove joint-employer status, and...

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California Expands Paid Sick Leave to Five Days Per Year

By and on Nov 16, 2023
Posted In Employee Benefits, Employment

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill 616 into law, officially expanding the Healthy Workplaces, Healthy Families Act of 2014, California’s paid sick leave law. Effective January 1, 2024, California employers must begin providing eligible employees with at least five days or 40 hours of paid sick leave, increased from the...

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NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers

By , and on Sep 27, 2023
Posted In Employment, Labor

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NLRB Attacks Non-Disparagement and Confidentiality Clauses in Employee Releases, Severance Agreements

By , and on Mar 14, 2023
Posted In Employment, Labor

Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality clauses regarding the terms and the amount of the agreement. On February 21, 2023, in McLaren Macomb, the National Labor Relations Board held that such clauses infringe on employees’...

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Return to Work | Managing Your Workforce During Periods of Uncertainty

By , , and on Nov 10, 2022
Posted In Employment, Labor

How can employers manage their workforces during periods of economic uncertainty? In this McDermott webinar, Lindsay Ditlow, Cristell Fortune, Abigail Kagan and Marjorie Soto Garcia offer perspective on the following topics: Communicating the transition The impact on contractual and other obligations WARN Act, furloughs, layoffs and salary reductions Strategies for unionized workforces Access the webinar.

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The 411 on Employment Background Checks in Stock and Asset Transactions

By and on Oct 13, 2022
Posted In Employment, Fiduciary and Investment Issues

Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in transactions may view target businesses that run background checks as lower risk for employee performance and retention issues. Background...

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Supreme Court: An Employee’s Individual PAGA Claim Must Be Adjudicated in Arbitration

By and on Jul 21, 2022
Posted In Employment

On June 15, 2022, the Supreme Court of the United States finally issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana. The Court partially overturned Iskanian v. CLS Transportation Los Angeles, LLC (Iskanian), determining that the Federal Arbitration Act (FAA) preempts the aspect of Iskanian’s holding that precludes the division of Private Attorneys...

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California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water

By , and on Nov 10, 2021
Posted In Employment, Privacy and Data Security

The California Department of Fair Employment and Housing (DFEH) recently announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers...

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