Lizbeth ("Beth") V. West

Shareholder

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Experience

Beth is a Shareholder in the firm’s Labor and Employment Group. She is admitted to practice law in the states of California and Washington.

Employment Counseling & Defense
Beth assists employers in all aspects of their employment relationship with their employees and defends employers in employment disputes. Her practice focuses on counseling employers, HR, and management staff on matters such as recruiting and hiring; employment agreements and compensation plans; protection of trade secrets; wage and hour laws; independent contractor status; performance standards and disciplinary actions; privacy; leaves of absence and reasonable accommodations; preventing discrimination, harassment and retaliation; preventing and responding to theft and embezzlement; reductions in force, terminations, and layoffs; and compliance with other state and federal employment laws.

Beth has extensive experience counseling and representing employers in governmental audits with agencies like the DOL, EEOC, DFEH, DLSE, EDD, OFCCP, and others. She also conducts employment due diligence audits for businesses in connection with mergers and acquisitions to evaluate employment law compliance and identify potential liabilities. Beth is also a regular employment-law trainer on many workplace topics, including AB 1825 sexual harassment prevention training. She is a charter and sustaining member of the Association of Workplace Investigators (AWI) and conducts independent workplace investigations for both public and private employers.

In addition to her counseling practice, Beth has years of experience defending employers in various forms of employment-related litigation in state and federal court, and in administrative actions before a number of state and federal agencies. She has successfully defended and settled a multi-million dollar wage and hour class action, and has also defended and won complex breach of contract, discrimination, whistleblowing, and retaliation claims on summary judgment. Beth’s litigation practice also includes the representation of business owners and operators in ADA and state disability access cases, and she has written amicus curiae briefs for industry and business clients in important disability access cases before the California Supreme Court and the Ninth Circuit Court of Appeal.

Employment Mediation
Based on her many years of experience as an employment litigator and her specialized training and certification from Cornell University’s ILR School in employment mediation, Beth has the skills and expertise to provide trusted and effective mediation services exclusively in the area of employment disputes. Beth assists parties in resolving virtually every type of employment claim, including but not limited to: harassment, discrimination, and retaliation claims; wrongful termination claims; failure to accommodate and statutory leave violations; whistleblowing claims; wage and hour claims; invasion of privacy claims; and other statutory, tort and contract claims.

For more information about Beth’s mediation services, please contact her at 916/558-6082 or lwest@weintraub.com, or her assistant, Janet Giebel, at 916/558-6062 or jgiebel@weintraub.com. To view Beth’s rate sheet for mediation services, please click here.

Publications & Teaching Experience
In addition to her busy employment law and mediation practice, Beth is active in supporting the education of employers and attorneys in the field of employment law. She is the co-author of the Lexis Nexis treatise entitled, “California Leave Law: A Practical Guide for Employers,” is a contributing editor for The Rutter Group’s “California Practice Guide: Employment Litigation,” and regularly writes for Weintraub Tobin’s Labor and Employment Law Blog. She also served as the Chair of the Board of Directors of the Sacramento Employer Advisory council (SEAC) from 2011 through 2013. Beth has previously been an adjunct professor of law at UOP, McGeorge School of Law, and has taught the “Elimination of Bias in the Practice of Law” course at McGeorge’s annual CLE conference. She is also a regular speaker and trainer on employment issues facing California employers.

Awards & Recognitions
Beth was selected for inclusion in the Northern California Super Lawyers for 2009, 2010, 2012, 2013, 2014, 2015, and 2016. Additionally, she was named one of the Top 25 Sacramento Super Lawyers for 2013, 2015, and 2016, one of the Top 50 Northern California Women Super Lawyers for 2014, 2015, and 2016 and one of the Top 100 Northern California Super Lawyers for 2015 and 2016. Beth was also selected as a Fellow of the Litigation Counsel of America in 2015; an honor bestowed on less than one half of one percent of American lawyers.

Community Involvement
Beth is involved in charitable work in the local community and globally. She belongs to the Sacramento Advocates for Girl Empowerment (SAGE), an outreach organization to underprivileged children, and is a sponsor for the SPCA in Sacramento and Yolo Counties. She previously led Weintraub Tobin’s “Champions for Adoption” Team with Sierra Adoption Services (now Sierra Forever Families) to raise money to place foster children in loving adoptive homes. She was a member of the Habitat for Humanity Global Village Mekong Big Build Team that built a village of homes for poor and displaced families in Phnom Penh, Cambodia in 2013, and she volunteers for Special Spaces, a non-profit that does bedroom buildouts and makeovers for terminally or chorincally ill children.

In her free time, Beth enjoys cooking, hiking, running, and spending time with her family.

Representative Cases
Beth has successfully represented employers in a variety of employment-related cases, and has also represented a number of business owners and operators in disability access litigation. Below are just a few of her representative cases:

  • Bristow v. Dome Printing (Sacramento County Superior Court and Third District Court of Appeals)
    Summary Judgment and Successful Defense on Appeal. Obtained summary judgment for the employer and successfully defeated subsequent appeal in employment case involving claims of age discrimination and violations of FMLA and CFRA. Successfully argued on appeal that an employee’s refusal to work overtime due to the health condition of his wife, did not constitute a request for intermittent of reduced-schedule leave under FMLA or CFRA.
  • Wilson v. Nimbus Winery (U.S. District Court for the Eastern District)
    Defense Verdict at Trial: Obtained a full defense verdict in an ADA and California state disability access trial by providing that Plaintiff’s claim of access barriers was without merit and that the proposed plan for barrier removal offered by Plaintiff’s expert was not “readily achievable.”
  • Vincent v. Grassland Water District (Merced County Superior Court)
    Summary Judgment. Obtained summary judgment for the employer in a whistle-blowing, retaliation, and wrongful termination case involving allegations of misuse of district funds and resources.
  • Spinks v. E. J.’s Pizza (Sacramento County Superior Court)
    Defense of Wage & Hour Class Action. Defended and ultimately settled a class action wage and hour lawsuit involving claims of unpaid overtime and missed meal and rest periods.
  • Reynolds v. Covell Commons HOA (Yolo County Superior Court)
    Summary Judgment. Obtained summary judgment for employer in case involving claims of hostile work environment, retaliation, and constructive discharge.

Industry Experience
Beth has extensive experience providing employment advice, counseling, training, and litigation defense to employers in the following industries:

  • Agricultural and Post-Harvest Production
  • Banking
  • Car Dealerships
  • Entertainment and New Media
  • High Tech and Solar Companies
  • Manufacturing and Retail
  • Medical Practices
  • Non-Profit and Charitable Organizations
  • Property Management Companies
  • Property Owner Associations
  • Professional Services Companies
  • Restaurants
  • Trucking Companies

Education

J.D., with great distinction, University of the Pacific, McGeorge School of Law, 1999

Order of the Coif.

B.S., summa cum laude, California State University, Sacramento, 1994

Certificate in Employment Mediation, Cornell University’s ILR School, 2016

Events

News

Blog

Neutral Solutions: We Help You Connect the PiecesNeutral Solutions: MediationWashington Raises Minimum Wage And Provides Paid Sick LeaveArizona’s New Independent Contractor Declaration LawTop Reasons to Mediate Employment DisputesView All Blogs

EEOC Issues Guidance on National Origin DiscriminationCalifornia’s New Law Restricts Choice of Law and Forum Selection Provisions in Employment AgreementsCalifornia Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain EmployeesWeintraub Tobin’s L&E and IP Blogs recognized as “Top 100 Legal Blogs” By Feedspot Blog ReaderIllinois’ “Child Bereavement Leave Act”Beware – Reporting Wage & Hour Violations Just Got EasierGeorgia Protects Small Businesses From Joint Employer LiabilityThe EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016OSHA’s Fact Sheet Providing Guidance to Employers To Protect Workers from Exposure to the Zika VirusDOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your WorkplaceNeutral Solutions: We Help You Connect The PiecesOSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”OFCCP Issues New Rule Regarding Sex Discrimination For Federal ContractorsGovernor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access LawsuitsTHE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADAGovernor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave LawThere Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act LawsuitLabor Commissioner’s First Opinion Letter On California’s New Paid Sick Leave LawThe Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s DecisionGovernor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHAThe Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families ActThe U.S. Supreme Court Has Spoken – The 14th Amendment Requires States to Recognize Same Sex MarriageOSHA Has Issued its Best Practices Guidelines Entitled “A Guide to Restroom Access for Transgender Workers”Supreme Court Issues its Decision in EEOC v. Abercrombie & Fitch Stores Answering the Question: When Does an Employer Have to Accommodate an Applicant’s Religious Practices?U.S. Supreme Court Issues Decision in Young v. UPSVictory for Employers…. The U.S. Supreme Court Holds that Employees are Not Entitled to Compensation for Time Spent Going Through Employer’s Security ScreeningEmailing an FMLA Notice to an Employee May Not Be SufficientCorrection to Blog Post Entitled “Governor Brown Signs Paid Sick Leave Bill Into Law”Does an Employer Meet its Obligations Under the FMLA by Sending an FMLA Designation Notice to an Employee via First Class Mail? Not AlwaysEEOC Issues Updated Guidance Regarding Pregnant Employees Discusses Employer’s Obligation to Accommodate and Not DiscriminateRemember Minimum Wage Increases on July 1, 2014 And So Does Your Weekly Salary Obligation for White Collar Exempt EmployeesSo You Think Your Employees Aren’t Protected Whistleblowers Under The Sarbanes-Oxley Act Because You’re Not A Publicly-Traded Company? Think Again!FMLA Win for Employers – Employees Can Affirmatively Decline FMLA Leave & Thus FMLA ProtectionsLizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”Employers are NOT Required to Post the NLRB Notice Advising Employees of Their Rights to OrganizeChanges to California’s Wage Garnishment LawDo Your Employment Policies Violate the National Labor Reactions Act?New California Law Restricts How Long Attorneys Can Question Witnesses in Civil Depositions“Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?Is Leave An Accommodation If It Is Unclear If The Employee Will Be Able To do The Job In The Future?Employers Beware – The Crackdown ContinuesAttention Employers – Your OSHA Form 300a Annual Summary Must be Posted by February 1, 2012CA Dept. of Labor Standards Enforcement (DLSE) Has Issued Its Model Notice to Employees Under AB 469Non-Union Employers Beware – You Are Likely Required To Post The NLRB’s New “Employee Rights” PosterWhen Can a Supervisor be Held Individually Liable for Discriminating an Employee on Military Status?2012 Brings A Whole New Set Of Obligations And Challenges For California EmployersOSHA Issues New Directive Focused On Preventing Workplace ViolenceGovernor Brown Signed Bill To Amend Organ and Bone Marrow Donation Leave LawWho Is Liable When an Employee of an Independent Contractor Is Injured Due to a Cal-OSHA Violation?LAW ALERT – Employers Beware: FMLA Paperwork May Give Employee Protected Leave…LAW ALERT: Your Employees May Be Required To Have a Food Handlers Card By July 1, 2011CORRECTED LAW ALERT: New Organ and Bone Marrow Donation Leave LawDon’t Miss the Oct. 8, 2010 Deadline to Post Your New “Notice to Employees–Injuries Caused By Work”Weintraub Lawyers Win Appeal Before the Ninth CircuitLAW ALERT: Cobra Subsidy Extended Yet AgainLAW ALERT: COBRA Subsidy is Extended AgainLAW ALERT: $6.2 Million Settlement in EEOC Complaint Against Sears, Roebuck & Co.LAW ALERT: Dept. of Labor Model Notices COBRA Susbidy ExtensionLAW ALERT: COBRA Subsidy Is Extended By President ObamaLAW ALERT: The COBRA Subsidy Will End November 30, 2009 For Some BeneficiariesLAW ALERT: Is Your Company Ready for the November 21, 2009 Deadline under GINA?LAW ALERT: The “2010 National Defense Authorization Act” Expands FMLA Military Leave EntitlementsLAW ALERT: FTC Extends Enforcement Deadline for the “Red Flags” (Identity Theft) Rule AgainLAW ALERT: 9th Circuit Said Federal Computer Fraud and Abuse Act Not ViolatedLAW ALERT: Age Must Be The “But For” Cause For Alleged Employment DiscriminationLAW ALERT: An Employer’s Dilemma: Disparate Treatment Versus Disparate ImpactLAW ALERT: Can An Employee Release A Wage Claim? It Depends: Is There A Bona Fide Dispute?LAW ALERT: Employee Has No Right To Post-Termination CommissionsLAW ALERT: Disability Access Claim Under Unruh Doesn’t Require Showing Intentional DiscriminationLAW ALERT: An Employee’s “Me Too” Evidence Can Prove DiscriminationLAW ALERT: FTC Extends Deadline To Comply With The “Red Flags” ID Theft Prevention RuleLAW ALERT: DOL Issues Opinion Letter Clarifying Employer’s Right To Enforce Call-In PoliciesLAW ALERT: Deadline to Have Identity Theft Prevention Program Prepared and Implemented is May 1LAW ALERT: The IRS Provides Guidance On The New 65% COBRA Subsidy ObligationLAW ALERT: The DOL Issues Its Model COBRA Subsidy NoticesLAW ALERT: The American Recovery and Reinvestment Act of 2009 and Its Impact on the WorkplaceLAW ALERT: Governor Approves Ground-Breaking Legislation Regarding Disability Access LawsuitsLAW ALERT: Brinker Decision Provides Clarity to Law Governing Meals and Rest PeriodsLEGAL Alert – Updating Employment PoliciesLEGAL ALERT – New Leave Benefits for Military FamiliesLEGAL ALERT: Supreme Court Decision – Medicinal Marijuana

Affiliations

State Bar of California, Labor and Employment Law and Litigation Sections
Member

Sacramento County Bar Association, Appellate and Labor and Employment Law Sections
Member

Sacramento Employer Advisory Council (SEAC)
Board Chair (2011-2013)

Sacramento County Bar’s Judiciary Committee
Member

State Bar of Washington, Labor and Employment Law Section
Member

Association of Workplace Investigators (AWI)
Charter and Sustaining Member

Meritas, Sacramento
Member

Awards and Honors

Sacramento Magazine’s Top Lawyers List, 2015-2016 – Employment and Labor

Fellow, Litigation Counsel of America

Sacramento Business Journal’s Best of the Bar, 2014 & 2016

Northern California Super Lawyers, 2009, 2010, 2012-2016

Top 25 Sacramento Super Lawyers of 2013, 2015, and 2016

Top 50 Northern California Women Super Lawyers 2014-2016

Top 100 Northern California Super Lawyers 2015-2016

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