Linda Adler, Partner in LCW’s San Francisco Office, represents clients in all matters pertaining to education, labor, and employment law. Well versed in the litigation process, Linda has successfully represented colleges and universities throughout California in disputes regarding employment and student matters. Prior to joining LCW, Linda represented colleges and universities before administrative agencies and in mediations, arbitrations, jury and bench trials. In addition, Linda has served as general counsel for colleges without in-house legal departments.
Linda has advised officers of institutions on business and risk management practices and policies in the areas of preventing harassment claims, student discipline and expulsion, faculty and staff discipline and termination, equal employment opportunity law compliance, and contracts. She has prepared faculty, staff and academic policy manuals and conducted training classes for faculty, staff and administrators on sexual harassment, discrimination, retaliation and disability accommodations. An experienced investigator, Linda has conducted investigations into allegations of discrimination and harassment, including Title IX investigations. Her investigations have involved students, employees and executives.
A graduate of Santa Clara University School of Law, Linda was the recipient of an American Jurisprudence Award in Legal Writing and also received the Best Written American Brief Award in Moot Court Competition. Prior to law school Linda received her Bachelor of Arts in English (with a minor in anthropology) from Occidental College in Los Angeles, where she was a member of Sigma Tau Delta honor society. Linda is admitted to the California State Bar in addition to the United States District Court for the Northern and Eastern Districts.
JD, Santa Clara University School of Law
BA, Occidental College
Bargaining Table – County – In his role as chief negotiator for the county, Bruce helped the county negotiate agreements with bargaining groups that achieved county objectives of: (1) basing economic settlements on a financially prudent, total compensation approach; (2) having employees pay their full member contributions toward retirement; and (3) implementing cost containment recommendations regarding medical insurance.
Bargaining Table – City – Acted as chief negotiator for the city in its negotiations with police, and general employee bargaining units. City reached an agreement with all groups; agreements included including increasing retirement contribution rates through offsetting salary increases; agreements also included provisions establishing a city-wide health insurance committee, and modification to various leave policies.
Bargaining Table – Community College District – Assisted the district to negotiate a multi-year agreement with its faculty association regarding such issues as wages, evaluation procedures, extra duty assignments and intellectual property rights.
Factfinding Hearing –City – Represented the city in two factfinding cases, one with aits newly formed attorney bargaining unit and the other with its management employee bargaining unit. In both cases, the recommendations of the neutral factfinding chair were overwhelmingly supportive of the city’s positions on the issues in disputes. Issues addressed included salaries, retirement contributions, health insurance, and leaves. One factfinding resulted in an agreement, the other resulted in unilateral implementation by the city council followed by a decertification of the employee organization.
Factfinding Hearing – County – Represented the county in three factfinding cases. Each of the cases resulted in favorable rulings from the factfinding chair.
Factfinding Hearing – College District – Represented the college district in factfinding with its faculty association. Factfinding chair supported the district’s position on the vast majority of issues, including salaries, class size, calendar, compensation for large group instruction, part-time faculty office hours, and leaves.
Factfinding Hearing – Community College District – Represented the college district in factfinding with its classified employee’s bargaining group. Factfinding chair supported the district’s position in its entirety. The district was able to show that a dire financial situation required significant modifications to the classified employees’ salary schedule.
Community College District – Employee organization alleged that the district failed to properly implement a salary formula based on salary information from the district and six comparable districts, as reported on the State Chancellor’s Office website. After the district filed its information with the Chancellor’s Office, it discovered that there was a significant error in its data. It submitted a corrected report to the State, as required by law. The employee organization filed a grievance, claiming that it was entitled to a salary increase based on the originally reported but erroneous figures. The arbitrator ruled that the District properly corrected the data filed in error and that therefore, employees were entitled to a 1.44% increase rather than the 8.23% increase claimed by the union.
College District – Represented the district in a case before the Community College District Board of Trustees to dismiss a police corporal, the highest ranking district employee in the College’s police department, for engaging in sexual harassment of co-workers. Although the corporal was a long time employee without a prior disciplinary record, Bruce was able to demonstrate that dismissal was warranted because the corporal not only failed to prevent or stop inappropriate action, but was also its leading perpetrator. Employee made crude, vulgar and objectifying comments about the physical attributes, sexual orientation and/or sexual activity regarding students, co-workers and citizens; made racist comments about African-American students; discussed and allowed discussion of sex to permeate the workplace.
Nonprofit organization v. Individual (2023) – Won a five-year workplace restraining order on behalf of a nonprofit against one of the nonprofit’s former clients. LCW’s work included preparing the witnesses for hearing, drafting necessary documents, setting up a stakeout for the process server to serve the individual, and representing the nonprofit during the hearing.
After determining that existing federal standards and regulations are inadequate to address COVID-19 issues for healthcare workers, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) implemented a new Emergency Temporary Standard (ETS) requiring covered employers to...
On July 9, 2021, the Centers for Disease and Control and Prevention (CDC) updated its Guidance for COVID-19 Prevention in Kindergarten (K)-12 Schools in anticipation of the return of students to campus in fall 2021. Thereafter, the California Department of Public Health published COVID-19 Public...
With the recent adoption of amended Cal/OSHA COVID-19 Regulations, and its new allowances for fully vaccinated employees, many private K-12 schools, universities and colleges are considering whether to make any distinction between employees who are fully vaccinated and those who are not, and if so,...
On June 17, the Occupational Safety and Health Standards Board (OSHSB) readopted an amended version of the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations) (“June 17 Amendments”). These amendments affect many of the requirements that have been in place since OSHSB initially adopted the...
As private K-12 schools plan for the 2021-2022 school year, many are asking the pressing question of whether they can (or should) require students to be fully vaccinated as a condition of returning to campus in the fall. Given the current lack of federal or state guidance on this issue, each...
Private colleges and universities are planning for students to return to campus in the fall. Of the myriad of considerations that will need to be decided, one is whether to require students to be fully vaccinated against COVID-19. Recently, the American College Health Association (ACHA) announced...
On March 26, 2021, the California Department of Public Health (“CDPH”) issued Guidance for the Prevention of COVID-19 Transmission for Commencement/Graduation Ceremonies (“Guidance”) “to provide recommendations to help students, teachers, families, and school administrators celebrate the momentous...
Within the last week, the California Department of Public Health (CDPH), Department of Industrial Relations (DIR), and Labor and Workforce Development Agency (LWDA) have issued new guidance and resources for schools and employers, including updated guidance for youth sports.
CDPH K-12 Schools...
On Thursday, January 14, 2021, the California Department of Public Health (CDPH) issued new guidance for K-12 schools, titled “COVID-19 and Reopening In-Person Instruction Framework and Public Health Guidance for K-12 Schools in California, 2020-2021 School Year.” The K-12 School Guidance does not...
On January 14, 2021, the California Department of Public Health (CDPH), issued new 50-page guidance, titled COVID-19 and Reopening Instruction Framework and Public Health Guidance for K-12 Schools, which serves as both an update and a consolidation of previous K-12 school-related guidance issued by...
As noted in the January 19, 2021, Liebert Cassidy Whitmore bulletin, What Schools Need To Know About The New CDPH Consolidated Guidance For K-12 Schools, the California Department of Public Health issued guidance on January 14, 2021, for public and private K-12 schools titled, Testing...
On December 21, 2020, Congress passed new COVID-19 legislation, which was signed into law on December 27, 2020. The new legislation, the Consolidated Appropriations Act, provides $600 stimulus payments to individuals, adds $300 to extended weekly unemployment benefits, and provides more than $300...
On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency.
The Order revises the provision in the newly adopted Cal/OSHA regulations requiring that employees quarantine for 14...
On September 11, 2020, the Department of Labor (“DOL”) announced three revisions it is making to the regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. § 826.) The revised regulations took effect on September 16, 2020.
The DOL revised...
On September 17, 2020, Governor Gavin Newsom signed into law two COVID-19 related bills – Senate Bill (“SB”) 1159 and Assembly Bill (“AB”) 685. SB 1159 is an urgency bill that is effective immediately, and sets forth rebuttable presumption standards to establish workers’ compensation coverage for...
CDPH Cohorting Guidance and Governor’s Supplemental FAQ
On Friday, September 4, 2020, the California Department of Public Health (“CDPH”) revised its Guidance Related to Cohorts (“Cohorting Guidance”), which it originally released on August 25, 2020.
The Cohorting Guidance is intended to provide...
On August 25, 2020, the California Department of Social Services (“CDSS”) issued a new Provider Information Notice (“PIN”), titled “Guidance and Frequently Asked Questions (FAQS) Regarding Waivers Available for Licensed Child Care Facilities and License-Exempt Providers Due to Coronavirus Disease...
On Friday, August 28, 2020, Governor Gavin Newsom announced a new “Blueprint for a Safer Economy” plan, effective August 31, 2020, which imposes color-coded, risk-based criteria on tightening and loosening COVID-19 allowable activities and expands the length of time between changes to assess how...
CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis
On Monday, August 24, 2020, the CDPH released Guidance on Returning to Work or School Following COVID-19 Diagnosis, which applies to individuals not in healthcare settings who have tested positive for COVID-19. The CDPH...
On August 7, 2020, the California Department of Public Health (“CDPH”) and the California Division of Occupational Safety and Health (“Cal/OSHA”) issued guidance for the operation of institutions of higher education, including private colleges and universities, to provide safe environments for...
On June 5, 2020, the State issued industry guidance for schools and school-based programs, childcare facilities, and day camps.
COVID-19 Industry Guidance for Schools and School-Based Programs
The Governor previously announced that counties that have completed and submitted a written attestation to...
A. Superintendent Tony Thurmond Provides an Update on Statewide Guidance Regarding the Reopening of K-12 Schools
On May 27, 2020, State Superintendent of Public Instruction, Tony Thurmond, provided an update on the Department of Education’s efforts to assist schools with the reopening process...
CDC Issues Guidance Regarding the Reopening of K-12 Schools, Summer Day Camps, and Child Care Programs
Last week, the Centers for Disease Control (CDC) issued guidance titled, CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again. The...
1. Statewide Orders Regarding the Reopening of Childcare Facilities
On May 12, 2020, the Governor modified the statewide Shelter-in-Place order to permit childcare facilities that comply with statewide industry guidance to operate for children of all workers (rather than only for children of...
Last month the Governor laid out a four stage plan for reopening the state. Last week, we provided an update that the State entered into the first phase of stage 2 of the reopening process on Friday May 8th. This first phase of stage 2 permitted the retail industry, including the reopening of...
On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance concerning the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act and how employers may respond to the public health emergency caused by COVID-19. The EEOC makes clear that while the laws...
On May 6, 2020, Governor Gavin Newsom issued Executive Order N-62-20 establishing “presumptive eligibility” for workers’ compensation benefits to any employee who is directed to report to their place of employment and then subsequently contracts COVID-19 during the time period between March 19 and...
A. Governor Announces that the State is Entering Stage 2 of California’s Four Stage Reopening Plan
Last month the Governor laid out a four stage plan for reopening the state as follows:
We are currently in Stage 1, which involves only opening essential businesses;
Stage 2 will be when some...
Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”) or State Disability Insurance (“SDI”), two benefits established under California law.
PFL provides 60-70% wage...
On April 1, 2020, the Department of Labor (“DOL”) issued temporary regulations, and related comments, concerning the paid leave provisions under the Families First Coronavirus Response Act (“FFCRA”), including the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave...
We previously reported on the Shelter in Place orders announced by public health officials on March 16, 2020, which go into effect on March 17th at 12:01am through April 7th. These orders were announced by public health officials from the 6 Bay Area Counties of San Francisco, Alameda, Contra...
Today public health officials from six (6) Bay Area Counties (San Francisco City and County, Contra Costa County, Alameda County, Santa Clara County, San Mateo County, and Marin County) announced new orders directing all individuals within these jurisdictions to shelter in place. Public health...
On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act). The bill will now move to the Senate, where it...
Earlier this week, LCW issued guidance to schools regarding trips in light of the Coronavirus pandemic (COVID-19). LCW also issued guidance regarding schools’ ability to send students and employees home based on their recent travel to countries that have Level 3 or Level 2 Travel Notices from the...
We issued Special Bulletins earlier this week on Student and Employee Issues related to the Coronavirus (COVID-19). The World Health Organization (“WHO”) has declared that the global spread of COVID-19 can now be characterized as a pandemic. There has also been additional guidance issued by...
In the past month, the Coronavirus (COVID-19) has spread throughout much of the world, including to the United States. Last week Governor Newsom declared a state of emergency in California. Los Angeles and San Francisco Counties, among others, have also declared a Local Health Emergency. Action...
In the past month, the Coronavirus (COVID-19) has spread throughout much of the world, including to the United States. Last week Governor Newsom declared a state of emergency in California. Los Angeles and San Francisco Counties, among others, have also declared a Local Health Emergency. Action...
On October 13, 2019, the Governor signed into law AB 218, which significantly extends the statute of limitations period for individuals to file civil lawsuits for childhood sexual abuse against persons and entities. Similar legislation was passed by the California Assembly and Senate last year (AB...
Checking references should be a part of every school’s hiring practice. It increases the likelihood of making a well-informed hiring decision, protects against claims of negligent hiring, and demonstrates fairness, equity, and transparency in the recruitment process. Yet we repeatedly find that...