Elizabeth Arce

Photo of Elizabeth Arce

Elizabeth Arce is an experienced litigator who is licensed to practice law in California and New York. Her background includes litigating labor and employment cases in both state and federal court, as well as before administrative agencies including the U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. Elizabeth has successfully represented employers in various employment matters ranging from single plaintiff lawsuits to wage and hour class and collective actions. Her litigation experience includes numerous successful summary judgment motions, defeating class certification, and decertifying collective actions. Elizabeth's litigation practice also includes preparation of appellate briefs in both state and federal appellate courts.

Latest Articles

This post was authored by Elizabeth T. Arce. In December 2011, a Macy’s employee was fired because she refused to allow a teenage transgender customer use of the women’s dressing area. Natalie Johnson, who worked at a Macy’s in San Antonio, Texas, watched the teenager shop in the women’s department.  When Johnson saw the teenager in the women’s dressing room, she told the teen “You’re a man,” and that the teen could not change…
In the corporate world, the practice of giving annual performance reviews to employees has come under attack in recent years.  Leading business magazines and newspapers have printed articles advocating for the elimination of performance evaluations.  There are even books in the marketplace that teach companies how to get rid of performance reviews.  Among the reasons for eliminating annual evaluations is that the process is a waste of time, bad for morale, and unnecessarily creates conflicts…
Ready or not, the holidays are here.  Not only are the holidays a time to reflect on the passing year, but also a time full of fun, festive celebrations.  As you get ready for this season’s festivities at work, make sure to keep in mind following tips that can help your agency stay in the festive mood without the post-holiday hangover of a lawsuit. Religious Holiday Accommodations For many, the holidays are a time for…
When the Ninth Circuit Court of Appeals, which covers California, issued its decision in Escriba v. Foster Poultry Farms last year, the decision was viewed as a victory for employers.  Now, however, the decision is raising more questions than answers as employers struggle with designating FMLA leave. In Escriba, an employee declined to use FMLA when she left work to care for her ill father, opting to use two weeks of vacation time instead.  When…
In the corporate world, the practice of giving annual performance reviews to employees is under attack.  Leading business magazines and newspapers have printed articles advocating for the elimination of performance evaluations.  There are even books in the marketplace that teach companies how to get rid of performance reviews.  Among the reasons for eliminating annual evaluations is that the process is a waste of time, bad for morale, and unnecessarily creates conflicts between employees and supervisors. …
Many public agencies supplement their workforce with independent contractors.  Since independent contractors who perform services are not employees, agencies do not have to pay them according to the requirements of the Fair Labor Standards Act (FLSA). If the contractor does not meet the qualifications for “independent contractor” status, the worker must be treated as an employee for FLSA purposes. Often, employers mistakenly believe that they have properly designated an individual as a contractor because they have a…
The EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees.  Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations.  In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and sample reasonable accommodation policy and accompanying questionnaires and found that they contained language that violated both the American with Disabilities…
This was the very question the U.S. Court of Appeals in Ohio was asked to consider in Equal Employment Opportunity Commission v. Ford Motor Company.  The issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability.  In a 2-1 split opinion, the Court answered that “yes,” such an arrangement may be a reasonable accommodation. Jane Harris worked as a resale buyer for Ford. …
The FMLA provides an eligible employee the right to 12 workweeks of leave to care for the employee’s spouse, child or parent with a serious health condition.  Consequently, employers generally grant employee requests to use FMLA leave when their family member receives medical treatment or undergoes a surgical procedure.  What happens when an employee requests FMLA leave to care for a family member during a trip to Hawaii or the Italian Riviera?  Employers are sometimes…
It’s that time of year again to reflect on this year’s achievements and set goals for the new year.  With the beginning of 2014 upon us, we encourage personnel and human resources directors, managers and  1.  Evaluate Your Agency’s Handling of Disability-Related Issues Employee disability-related issues are among the most complicated and confusing that employers face.  It is no surprise that the number of workplace disability discrimination claims filed with the EEOC has increased every…