Kate Gold

Kate Gold is a partner in the Labor & Employment Law Department in the Los Angeles office.

Kate has over 25 years of experience representing clients in a range of industries, across all areas of employment law. An experienced litigator, she has represented clients in all types of employment-related suits, including class and collective actions, discrimination, retaliation and harassment, non-compete and wage/hour matters. In addition to litigating, she conducts high-level workplace investigations and routinely counsels clients on matters involving the full range of state and federal employment issues.

Firm/Organization: Proskauer Rose LLP

Blogs: California Employment Law Update, Law and the Workplace, Proskauer on Class and Collective Actions, Proskauer Whistleblower Defense

Latest Articles

California Employment Law Update

What the Frlekin?! California Supreme Court Says Bag Checks Are Compensable

By Kate Gold, Philippe A. Lebel & Cole Lewis

February 13, 2020

Today, in Frlekin v. Apple, Inc., the California Supreme Court held that time spent by non-exempt employees undergoing mandatory bag or other security checks is compensable work time under California law. The decision stands in stark contrast to the U.S. Supreme Court’s 2014 holding in Integrity Staffing Solutions, Inc. v. Busk, as well as prior California cases. Undoubtedly, it will significantly impact retail employers—as well as employers in a variety of other industries.…

California Employment Law Update

Federal Court Strikes Down California’s “Request Arbitration, Go to Jail” Law

By Tony Oncidi, Kate Gold & Cole Lewis

February 12, 2020

On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements. Last week, the court issued its detailed written opinion explaining the basis for its decision. As we predicted, the Court found that AB 51 is preempted by the Federal Arbitration Act (FAA) because it “singles out arbitration by placing uncommon barriers on employers…

California Employment Law Update

Uber and Postmates File Lawsuit Challenging California’s New Independent Contractor Law (AB-5)

By Tony Oncidi, Kate Gold, Kate Napalkova & Cole Lewis

December 31, 2019

On Monday, Uber, Postmates and two of their drivers filed a lawsuit in federal court in the Central District of California, seeking declaratory and injunctive relief and a determination that AB-5 is unconstitutional. AB-5 is set to become effective on Wednesday, January 1st and will have a major impact on California’s freelance workforce as well as most other companies that have workers located in the state. Among other things, AB-5 essentially prohibits companies, including Uber…

Law and the Workplace

[Podcast]: California’s Legislative Response to the #MeToo Movement

By Tony Oncidi & Kate Gold

November 27, 2019

In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement. These developments include new restrictions on confidentiality and arbitration as well as the extension of the statute of limitations applicable to harassment, discrimination and retaliation claims. So be sure to tune in as Tony and Kate highlight the most important new laws facing California employers in the Age of #MeToo. Listen to …

California Employment Law Update

Take That, Employers! California is Done (for Now) with this Year’s Legislative Thrashing

By Tony Oncidi, Kate Gold & Cole Lewis

October 14, 2019

Here’s a comprehensive list of the new employment-related statutes enacted and signed into law in the Golden State (effective Jan. 1, 2020 unless otherwise specified): AB 5 (Gonzalez, D-San Diego) makes it extremely difficult for most California employers to hire an independent contractor and would convert such workers into “employees” in the eyes of the law. Read more here. AB 170 (Gonzalez, D-San Diego) exempts newspaper distributers and newspaper carriers until January 1, 2021…

Law and the Workplace

EEO-1 Component 2 Reports Are Still Due September 30, But….

By Kate Gold & Guy Brenner

September 27, 2019

Employers have been furiously working to prepare their EEO-1 Component 2 submissions by the September 30 deadline. Some employers who underestimated the task have asked us whether the EEOC’s submission portal will remain open after September 30 in case they are unable to complete their submissions in time. Until now, our response has been “maybe.” However, today the EEOC provided the following guidance to employers: In a September 27, 2019 Status Report that was…

Proskauer on Class and Collective Actions

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

By Tony Oncidi, Kate Gold, Philippe A. Lebel & Andrew Sherwood

September 16, 2019

Last week, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019). In a rearguard effort to fight employment arbitration agreements, which usually include class action waivers, plaintiffs’ lawyers have been routinely filing PAGA representative actions in an effort to stay in court and out of arbitration. Plaintiffs relied on Thurman …

California Employment Law Update

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

By Tony Oncidi, Kate Gold & Philippe A. Lebel

September 13, 2019

Yesterday, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019). In a rearguard effort to fight employment arbitration agreements, which usually include class action waivers, plaintiffs’ lawyers have been routinely filing PAGA representative actions in an effort to stay in court and out of arbitration. Plaintiffs relied on Thurman …

Law and the Workplace

EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports

By Guy Brenner, Kate Gold & Mark A. Linscott

September 12, 2019

The EEOC announced today, September 12, 2019, that it “is not seeking to renew Component 2 of the EEO-1” in a notice published on the Federal Register. As we have previously reported, Component 2 of the EEO-1 report requires employers with over 100 employees to report its employees’ compensation and hours worked (sorted by pay band, job category, race ethnicity, and gender). The Obama Administration initially adopted the addition of Component 2 reporting requirements,…

Law and the Workplace

New Guidance on EEO-1 Component 2 Data Submissions For Companies Involved in Corporate Transactions

By Guy Brenner, Kate Gold & Jordan Simon

August 6, 2019

The Equal Employment Opportunity Commission (EEOC) has released additional guidance regarding the new EEO-1 Component 2 data reporting requirements for employers who were involved in mergers, acquisitions and spinoffs in 2017 and 2018. As we previously reported, employers must report their Component 2 pay and hours worked data for calendar years 2017 and 2018 by September 30, 2019. In its guidance, EEOC advises, among other things, that acquiring companies are responsible for submitting Component…

Kate Gold

What the Frlekin?! California Supreme Court Says Bag Checks Are Compensable

Federal Court Strikes Down California’s “Request Arbitration, Go to Jail” Law

Uber and Postmates File Lawsuit Challenging California’s New Independent Contractor Law (AB-5)

[Podcast]: California’s Legislative Response to the #MeToo Movement

Take That, Employers! California is Done (for Now) with this Year’s Legislative Thrashing

EEO-1 Component 2 Reports Are Still Due September 30, But….

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims

EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports

New Guidance on EEO-1 Component 2 Data Submissions For Companies Involved in Corporate Transactions

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