D.Law Joins L.A. Times Panel to Share Legal Insights

Emil Davtyan, Founder and Managing Attorney at D.Law, recently joined a panel of legal experts to provide insights on the changing landscape of labor and employment issues.

Organized by the Los Angeles Times and published in their March 25, 2024 edition, the Labor & Employment Law panel answered a series of questions focused on issues of interest to the general public and to California businesses in particular.

Legal and business trends were of special interest. On a question that focused specifically on trends regarding paid time off (PTO), Davtyan remarked, “The landscape of PTO is evolving, reflecting broader changes in work culture and employee expectations. Employers are increasingly adopting flexible PTO policies to attract and retain talent, recognizing that work-life balance is a priority for many workers. This shift is partly driven by the ongoing impact of the COVID-19 pandemic, which has altered perspectives on work, health and personal time.

“Unlimited PTO policies are becoming more common, offering employees the autonomy to take time off as needed, promoting a culture of trust and accountability. These changes signify a move towards more personalized and flexible work arrangements, understanding that employees have diverse needs and life responsibilities. Such trends not only benefit employees but can also enhance organizational productivity and morale, as well-supported employees are likely to be more engaged and committed to their work.”

In addition to questions on arbitration, discrimination and harassment, and the current climate for employee whistleblowers, the panel tackled an issue of interest to almost everyone in the post-pandemic era: What should employers consider when deciding whether to have a remote, hybrid, or in-person workplace?

“In deciding between remote, hybrid, or in-person work models,” Davtyan replied, “employers face a complex set of considerations that balance operational efficiency, legal compliance, employee well-being, and company culture. The choice impacts not just where work gets done, but how it influences productivity, engagement, and job satisfaction. A primary legal consideration involves adhering to California’s stringent labor laws, including those governing work hours, breaks, and reimbursements for work-related expenses, which apply regardless of the worksite in California.”

Davtyan also offered his thoughts on the Private Attorneys General Act (PAGA), a unique law that lets California workers who believe they have suffered workplace abuse sue their employers not only for themselves but for other workers as well. “California has the strongest wage and hour laws in place to protect workers,” noted Davtyan. “Before 2004, labor laws existed in California without employees’ ability to pursue their rights themselves. They had to wait for the government to enforce those laws. The government did not have the resources to enforce all of those laws. PAGA was enacted in 2004 giving the ability to the employees to enforce those laws and file lawsuits. And while doing that, PAGA requires to partially share proceeds with the government for helping to enforce the laws.

“There is an ongoing effort by billionaire corporations banding together to rewrite PAGA, to take away the rights of employees to pursue their wage rights in the court of law, while also helping the government to fund other important services essential to Californians.”

Contributing to the discussion along with Davtyan were Richard S. Rosenberg, Partner at Ballard Rosenberg Golper & Savitt LLP and Todd B. Scherwin, Regional Managing Partner for Fisher & Phillips LLP.  Additional insights provided by the panel can be found at https://www.latimes.com/business-insights/story/2024-03-25/emil-davtyan-richard-s-rosenberg-and-todd-b-scherwin-share-insights-on-labor-employment-law