Brendan J. Begley
Certified Appellate Law Specialist
Experience
Brendan is a shareholder who spearheads the firm’s Appeals and Writs group and is a member of the firm’s litigation, labor and employment, and trust, probate and elder-abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization.
In litigation, Brendan has worked on class actions and managed entire cases, including conducting witness interviews, preparing and responding to written discovery, arguing related motions, taking and defending scores of depositions, prevailing on numerous anti-SLAPP and dispositive motions, mediating many cases, and second-chairing trials to successful verdicts. At the appellate stage, he has handled both briefing and oral argument before all manner of appellate courts, from the California Court of Appeal to the U.S. Supreme Court.
At Brendan’s behest, appellate panels have both reversed lower court decisions in various cases (including five that resulted in published opinions), and upheld rulings issued by lower tribunals. The U.S. Supreme Court granted Brendan’s petition for a writ of certiorari that led to the high court hearing and resolving (in favor of Brendan’s client) the famous “Pledge of Allegiance” case in Elk Grove Unified School District v. Newdow, 540 U.S. 945 (2003).
Brendan has experience in all aspects of civil writs and appeals, from filing the notice of appeal and designating the record, to preparing briefs and making or opposing petitions for further review. As judicial clerk for both state and federal appellate courts, he has reviewed and analyzed literally hundreds of appellate and amicus briefs. As a practitioner, he has handled over seventy different cases as lead appellate counsel.
Before joining Weintraub Tobin in 2010, Brendan worked for a large nation-wide firm that focused on labor and employment litigation. While there, Brendan worked on wage-and-hour and meal-and-rest-period class actions and collective actions, as well as single-plaintiff and multiple-plaintiff cases alleging wrongful-termination, discrimination, harassment, retaliation, defamation, infliction of emotional distress, and denial of leave entitlements and/or disability accommodations.
Since joining Weintraub Tobin, Brendan has handled numerous appeals in various practice areas, including family law, trusts and probate litigation, employment law, ERISA litigation, anti-SLAPP litigation, commercial litigation, civil-rights law and personal-injury litigation.
Brendan has delivered numerous public presentations to lawyers, executives, managers, and supervisors on the topics of appellate law and best employment practices. He is admitted to the State Bar of California, and practices before all courts in the State of California. He is also admitted to practice U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.
Prior to law school, Brendan worked as a newspaper reporter for The Sacramento Daily Recorder and as a correspondent for other Daily Journal publications. While in law school, he worked as a law clerk at the U.S. Attorney’s Office for the District of Hawaii. After law school, he served as a judicial clerk to the Hon. John M. Gerrard, then Associate Justice of the Nebraska Supreme Court, and later as a judicial clerk to the Hon. Connie M. Callahan, Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit.
Brendan received his Bachelor of Arts degree, cum laude, from the California State University at Sacramento, and his Juris Doctor degree (with honors) from the University of California at Davis, where he was a law-review writer. He also attended the University of the Pacific McGeorge School of Law where his academic ranking won him admission to the Roger J. Traynor Honor Society. Brendan is a past member of the Anthony M. Kennedy American Inn of Court and past President of the Sacramento County Bar Association’s Appellate Section.
Sacramento County Bar Association Appellate Practice Section
Media Relations Officer and Board Member (2012-present)
Sacramento County Bar Association, Appellate Practice Section
President (2009-2012)
Sacramento County Bar Association, Appellate Practice Section
Member (2007-2009)
Anthony M. Kennedy American Inn of Court
Member (2005-2008)
Center for Youth Citizenship’s High School Moot Court Competitions
Coach and Judge (2004-2009)
Meritas, Sacramento
Member
Awards
Sacramento Magazine’s Top Lawyers List, 2015-2018 – Appellate
Northern California Super Lawyers, Appellate Law, 2013-2019
Sacramento Business Journal’s, Best of the Bar, 2018
J.D., with honors, University of California, Davis, King Hall School of Law, 1998
B.A., cum laude, California State University, Sacramento, 1992
Employment Law 2019/2020 – A Year in Review; A Year Ahead (San Francisco)
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.
Employment Law 2019/2020 – A Year in Review; A Year Ahead
Due to high demand, we have scheduled this second session to accommodate additional attendees. Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.
Employment Law 2019/2020 – A Year in Review; A Year Ahead
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.
Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training
Mandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Strategies to prevent harassment in the workplace Lawful supervisory responses to complaints of harassment in the workplace Training on prevention of “abusive conduct”
Brendan Begley Presents at Employment Litigation 2019
Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City.
2019 Employment Law Update in San Francisco
Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and State Legislation and Court Cases • Developments in Harassment,
2019 Employment Law Update – Sacramento
Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and State Legislation and Court Cases • Developments in Harassment,
Sands Through the Hour Glass: Wage and Hour Update
Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.
Even Keanu Can’t Figure It Out: The Leave Law Matrix
Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.
ERISA Litigation Developments: Implications in 2016 and Beyond LIVE Webcast
Thursday, February 25, 2016 @ 3:00 pm – 5:00 pm (ET)Please join Brendan J. Begley in a two-hour LIVE Webcast. A seasoned panel of thoughtful leaders and professionals assembled by The Knowledge Group will offer the audience with an in-depth discussion of the current issues in ERISA Litigation.
Guardians at the Gate: Properly Trained Managers are Your First Line of Defense
Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.
Conducting Effective Workplace Investigations
Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigate Selecting the right investigator Recognizing your own biases Conducting effective witness interviews Writing the investigation report Seminar Program 8:30 am –
Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule
Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,
Mandatory AB 1825 Sexual Harassment Prevention Training
Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Lawful supervisory responses to complaints of harassment in the workplace Strategies to prevent harassment in the workplace Training on prevention of “abusive conduct”
Ramps, Dogs and Horses: Discrimination and Accommodation of Employees, Customers and Third-Parties
Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability,
The Good, The Bad and The Ugly: Documentation in the Workplace
Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.
Tips and Traps When Hiring and Firing Employees
Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.
Your Greatest Asset or Worst Liability: Your Employee Handbook (San Francisco Seminar)
Summary of Program Employee handbooks are essential for employers in today’s litigious environment. A carefully prepared, up-to-date, and customized handbook can be an employer’s biggest weapon against labor and employment litigation if properly used.
To Tweet or Not to Tweet? The Constantly Developing Landscape of Social Media in the Workplace
Summary of Program Companies and their employees widely use social media in their daily business activities. These networking sites are used by employees to communicate with one another as well as current and potential customers.
A Healthy Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence
Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand. This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining compliance.
Mandatory AB 1825 Sexual Harassment Prevention Training
Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,
Upcoming Webinar: Say It’s So, Doesn’t Make it So: Independent Contractor v. Employee Status
Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.
But I Paid Them a Salary: Overtime or No Overtime?
Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuit,
From A to Z, Alphabet Soup of Leave Laws (Newport Beach)
Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.
From A to Z, The Alphabet Soup of Leave Laws (Sacramento)
Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.
Well Trained Supervisors: Your First Line of Defense (Sacramento)
Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.
Well Trained Supervisors: Your First Line of Defense (San Francisco)
Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.
New Release: 2015 Labor & Employment Seminars & Training Schedule
Click here for 2015 Labor & Employment Seminars & Training Schedule. For more information on our Labor & Employment Seminars and Training, please contact Ramona Carrillo at [email protected]
Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Newport Beach)
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.
Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (Sacramento)
Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015.
Mandatory AB 1825 Sexual Harassment Prevention Training
Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. Program Highlights The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulation,
The World of Accommodations: Disabled Employees and Customers
Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is beacuse of an employee’s disability,
Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees
Download: Flyer. Overtime or No Overtime. How to Properly Analyze the Exempt Status of Employees.PDF Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime,
The Intricacies of Wage and Hour Laws for Non-Exempt Employees
Download: Flyer. Intricacies of Wage and Hour Laws for Non-Exempt Employees.PDF Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.
Independent Contractor v. Employee – ”Saying It’s So, Doesn’t Make it So”
Download: Flyer – Independent Contractor v. Employee (1780262).PDF Summary of Webinar The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.
Know What to Do When The Government Comes Knocking
Download: Flyer – Know What to Do When The Government Comes Knocking(webinar only).pdf Know What to Do When The Government Comes Knocking: Responding to the EEOC, DFEH, EDD and Other Governmental Agencies Summary of Webinar There is no universal way to prepare for a governmental audit,
To Tweet or Not to Tweet? The Risks of Social Media in the Workplace
Download: Flyer. To Tweet or Not to Tweet The Risks of Social Media in The Workplace (1752935).PDF Summary of Program Companies and their employees are now widely using social media in their daily business activities.
Mandatory AB 1825 Sexual Harassment Prevention Training
Download: Flyer – Mandatory AB 1825 Sexual Harassment Prevention Training (1747805).PDF Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.
Managing Risk: How To Protect Yourself In A Post-Giraldin World
A Seminar for Fiduciaries Summary of Program Join the attorneys from Weintraub Tobin’s Trusts and Estates Group as they discuss the important legal and practical implications for trustees arising from the recent California Supreme Court decision in the Estate of Giraldin.
Think You’re Up On The Current Laws? April Fools
Download: Flyer – Employment Law Update (Orange County) (1740809).PDF Summary of ProgramJoin the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014.
Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws
Download: Flyer – Complex Web of Federal, State and Local Leaves of Absence Laws (1739109).PDF Summary of Program Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member.
Upcoming Seminar: The Ins and Outs of Preparing the Right Employee Handbook for Your Business
Download: Flyer. The Ins and Outs of Preparing the Right Employee Handbook for Your Business (1731032).PDF Summary of Program Employee policy handbooks are essential for employers in today’s litigious environment. While preparing the handbook and consistently enforcing the policies contained therein may take time and money,
We Invite You To Attend: Employment Law Update
Download: Flyer Employment Law Update 2013-2014 (1707561).pdf Join Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employers in 2014.
2014 Labor & Employment Seminars & Training Schedule
Download: 2014 L E Seminars-Training Schedule (1712996) Page 1 Updated.pdf Click on the PDF link above for the 2014 Labor & Employment Seminars & Training Schedule. Specifics and invitations for each seminar/training will be posted on our website approximately one month prior to the event.
Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims
Download: 1686745 (2).pdf Summary of Program: Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – it’s everywhere but few people understand the danger.
Upcoming Seminar: Pregnancy Leave, Accommodation & Discrimination
Don’t Wait for the Stork To Teach You What It All Means Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnantemployees.
Upcoming Seminar: Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees
Download: Flyer – Overtime or No Overtime How to Properly Analyze (1656900).pdf Summary of ProgramThe ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime,
L&E Webinar: OSHA Compliance: A Healthy and Safe Work Environment
Download: Flyer – OSHA Compliance. A Healthy and Safe Work Environment (1643744).PDF Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.
Second Session Added for L&E Health Care Reform Seminar
Due to overwhelming demand, a second session of the Health Care Reform seminar has been scheduled for 5/22/13 from 12:00-2:00 pm. Additional seats are available for the second session only. If you would like to register for this seminar,
Upcoming Seminar: Healthcare Reform: What Employers Need to Know
Download: Flyer – Health Care Reform.pdf Presented by The Labor & Employment Group at Weintraub Tobin and Vincent Catalano of Arthur J. Gallagher & Co., Inc. Summary of Program The Supreme Court has spoken and the Patient Protection and Affordable Care Act (“PPACA”) is here to stay.
2013 Schedule of Labor and Employment Law Seminars
Download: 2013 List of L E Seminars-Training (1577243).PDF The employment group at Weintraub Tobin Chediak Coleman Grodin is pleased to announce its updated schedule of informative seminars for 2013. Click on the link above to download the schedule.
SEMINAR: Risks and Benefits of Social Media and Computers in the Workplace – Sacramento
For employers, are social networking sites Happy or Sad? Summary of Program Employees use networking sites to communicate with one another (as well as current and potential customers). They post their daily thoughts and activities,
Upcoming Seminar: The Ever Expanding Definition of “Protected Class” in Discrimination Claims
Download: Protected Class.pdf Summary of Program When California passed the Fair Employment Practices Act in 1959, it prohibited employment discrimination on the basis of race, religion, color, national origin and ancestry.
Upcoming Webinar: OSHA Compliance – a Healthy and Save Work Environment
Download: OSHA Webinar – email-print.pdf Summary of Program Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand.
Upcoming Seminar – Pregnancy Leave, Accommodation and Discrimination
Download: Flyer – Pregnancy Leave.pdf Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees.
2012 Schedule of Labor and Employment Law Seminars
Download: 2012 List of Seminars.pdf The employment group at Weintraub Genshlea Chediak Tobin and Tobin is pleased to announce its updated schedule of informative seminars for 2012. Click on the link above to download the schedule.
Upcoming Seminar: Mandatory Sexual Harassment Prevention Training
Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Genshlea Chediak is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,
31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists
Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California. In addition,
24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019
Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine. The full list of 2019 Top Lawyers will be featured in the August,
Seventeen Weintraub Tobin Attorneys Named to Sacramento Business Journal’s Best of the Bar 2018
SACRAMENTO, California – August 24, 2018 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its seventeen attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2018.
24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018
SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &
37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.
Weintraub Tobin’s L&E Blog recognized as “Top 10 HR Blogs for Practical Advice in 2018” By PerformYard
Weintraub Tobin’s Labor & Employment Law Blog has been recognized in PerformYard‘s “Top 10 HR Blogs for Practical Advice in 2018”. The L&E blog “provides an incredible service for HR professionals,
Save The Date: Weintraub Tobin’s Employment Law Update
Tuesday, January 9, 2018 | Sacramento, CA (Session 1) Wednesday, January 10, 2018 | Sacramento, CA (Session 2) Wednesday, January 10, 2018 | San Francisco, CA Additional information and details for each session will be available December 8,
21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017
SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.
36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.
Weintraub Appellate Specialist, Brendan Begley, Quoted in Article Regarding Sexually Hostile Work Environment
Weintraub Tobin’s own Brendan Begley was recently quoted in a news article about an appellate court’s ruling that hugs and kisses in the workplace may create a sexually hostile environment. The article,
18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016
SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate,
33 Weintraub Tobin Attorneys Named Among 2016 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2016, on which 33 Weintraub Tobin attorneys have been included. Three Weintraub Tobin attorneys received special honors in their respective regions.
Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule
Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,
20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015
SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s Top Lawyer List 2015. David C.
37 Weintraub Tobin Attorneys Named Among 2015 Super Lawyers and Rising Stars
Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2015, on which 37 Weintraub Tobin attorneys have been included. Eight Weintraub Tobin attorneys received special honors in their respective regions.
Supreme Court Hits Home Run for 401(K) Plan Beneficiaries
By Audrey Millemann This week’s decision by the United States Supreme Court in Tibble v. Edison International, 2015 U.S. LEXIS 3171 (May 18, 2015), is expected to trigger an increase in lawsuits against 401(k) plan fiduciaries.
Weintraub Tobin Raises Money for American Heart Association
Heart Walk Logo For a third year in a row, Weintraub Tobin is working to raise funds for cardiovascular diseases and stroke by partaking in the American Heart Association Heart Walk on Saturday,
Seven Weintraub Tobin Attorneys Included in the Top 25 List by Super Lawyers
Download: Super Lawyers 2013.pdf SACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento Super Lawyers of 2013.
It’s Official – Weintraub Merges with San Francisco Firm Tobin & Tobin
Weintraub Genshlea Chediak Law Corporation and Tobin & Tobin, a professional corporation, jointly announce the merger of their business law and litigation firms. The combined firm will be named Weintraub Genshlea Chediak Tobin &
Weintraub’s L&E Law Blog is in the Top 25
By: Chuck Post labor-employment-law-topblog-220x180_jpg-550×0 Over the last year, Weintraub Genshlea Chediak has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients,
California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims
Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job.
California Appeals Order Barring Enforcement of New Anti-Arbitration Law
The State of California filed an appeal last week to challenge a federal court’s order barring California from enforcing a new state law that would curtail workplace arbitration agreements. Unless the State takes some additional action,
Federal Court Explains Order Barring California From Enforcing New Anti-Employment-Arbitration Law
A federal court in Sacramento explained last week its rationale for temporarily barring the State of California from enforcing a new law, AB 51, that would curtail employment arbitration agreements. The rationale set forth in that written order of February 7,
Federal Court Extends Order Barring California From Enforcing New Anti-Employment-Arbitration Law
A federal judge in Sacramento has continued an order that temporarily bars the State of California from enforcing a new state law that would curtail employment arbitration agreements. The new law,
Even Unintentional Disability Discrimination is Actionable in California
In a decision that may lead employers to feel a little less gratified on Thanksgiving Day, a California appellate court determined last week that “even a legitimate company policy, if mistakenly applied,” can lead to liability for disability discrimination in the Golden State.
New Florida Law Allows Patients To Use More Potent Pot
High times at Florida workplaces may or may not become more prevalent with a new law that allows the medical use of stronger marijuana by a greater number of patients. The legal use of medical marijuana is not completely new there.
Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability
As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’” The U.S.
Changing Overtime Policy May Constitute Retaliation
They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed by an employee alleging retaliation in violation of the Fair Labor Standards Act (“FLSA”).
Hugs and Kisses May Not Spur Affection in the Workplace
In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace.
DON’T THROW OUT YOUR CLASS-ACTION WAIVERS JUST YET
The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements between employers and their employees.
More Pitfalls For Misclassifying Employees | Weintraub Tobin
The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an independent contractor,
The EEOC’s Final Rules On Employer Wellness Programs
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued two final rules confirming that employers can offer limited incentives (in the form of a reward or avoidance of a penalty) to encourage employees and their spouses to participate in workplace wellness programs.
Federal Judge Blocks The Department Of Labor
Persuader Rule Fails To Persuade Federal Judge In Texas Last week a federal court in Texas issued a nationwide ban preventing the Department of Labor (“DOL”) from enforcing its recently proposed Persuader Rule.
Pennsylvania’s New Medical Marijuana Law And The Workplace
Employers in Pennsylvania may or may not be enjoying high times as that state’s Medical Marijuana Act (“MMA”) went into effect on May 17, 2016. This new law allows patients to use marijuana to treat autism,
New Guidance from the DOL Regarding Joint Employment
In an effort to clarify the circumstances that may create a joint-employment relationship, the U.S. Department of Labor issued an Administrator’s Interpretation this week. This Administrator’s Interpretation, which can be found at this link,
Supreme Court Hits Home Run for 401(K) Plan Beneficiaries
By Audrey Millemann This week’s decision by the United States Supreme Court in Tibble v. Edison International, 2015 U.S. LEXIS 3171 (May 18, 2015), is expected to trigger an increase in lawsuits against 401(k) plan fiduciaries.
Arbitration Agreements Can Backfire on Employers
By Brendan Begley It is no secret that arbitration agreements may greatly reduce the risks that many employers face in disputes with employees. For example, when used correctly, such agreements can curb exposure to class actions by forcing employees to arbitrate disputes on an individual basis instead of a class basis.
The New PAGA-Waiver Trap Door
By Brendan J. Begley Many employers have arbitration agreements wherein employees agree to waive the right to file a lawsuit against the employer under various laws, including the California’s Private Attorney General Act (“PAGA”).
U.S. Government Agencies: Santa or Grinch?
By Brendan J. Begley Just in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month.
Traps for Employers in Routine Unemployment and Workers Comp Proceedings
By: Brendan J. Begley A number of recent California appellate decisions reveal hidden traps that may ensnare employers in administrative proceedings involving employee claims for unemployment or workers-compensation benefits. Such proceedings typically appear routine and uncomplicated.
Don’t Make the Grave Mistake of Killing Your Appeal from an Order of the Probate Court
In most California civil cases, a party generally must wait until a trial court issues a final judgment before he or she can get through the doors of the Court of Appeal.
Lawyer Lore: The Ever Moving Bunmi Awoniyi
Download: The Ever Moving Bunmi.Final.pdf Brendan Begley interviews attorney Bunmi Awoniyi in Sacramento Lawyer.
Lawyer Lore: Criminal Defense Attorney William “Bill” Portanova
Download: Bill Portanova.pdf Attorney Brendan Begley interviews Criminal Defense Attorney Bill Portanova in Sacramento Lawyer.
Lawyer Lore: The Indomitable Judge Raul Ramirez
Download: The Indomitable Judge Ramirez.pdf Attorney Brendan Begley interviews Judge Raul Ramirez in Sacramento Lawyer.
New Law Requires Rethinking Dress Codes and Religious Accommodations for Employees
California Gov. Jerry Brown signed into law earlier this month the Workplace Religious Freedom Act, AB 1964, a bill that expands the prohibition against religious discrimination by employers. This new law mandates that workers receive equal protection despite their religious beliefs or appearance while protecting those who wear religious attire.
Appellate Law Section’s 2012 CA Supreme Court Year-in-Review
Download: Appellate Law Sections 2012 SC Review.Final.pdf Brendan Begley writes on the Appellate Law Section’s 2012 California Supreme Court Year-in-Review in Sacramento Lawyer.
Closing The Gap Left By Brinker RE Meal-And-Rest-Period Class Actions
The California Court of Appeal this week provided a shield to employers against attacks left open by the state Supreme Court’s momentous decision earlier this month concerning meal and rest periods.
The Real Story Behind the $167 Million Verdict
Making national headlines today is the news of a physician’s assistant who obtained an astronomical $167 million jury verdict against her employer in a Sacramento federal court. Going largely unreported, however,
Recent Developments Warrant Review of Arbitration Agreements
An employer’s ability to have disputes with employees resolved by arbitrators instead of courts had some ups and downs in recent days. One of those developments suggests that employers should review and perhaps revise their arbitration agreements to keep them enforceable in state court.
Workplace Holiday Parties
‘Twas the week before Christmas And all through the land Holiday parties served up claims Fist over hand The averments were stated In legal pleadings with care In hopes that generous jurors Soon would be there The lawyers were nestled Smugly in stuffed chairs With clients alleging Unwelcomed gropes and stares Okay,
Governor Signs Bill Limiting Credit Checks of Employees and Applicants
Making California the seventh state in the country to enact such a law, Gov. Jerry Brown signed Assembly Bill 22 on October 9, 2011. As reported here in a post dated August 18,
Lickter v. Lickter: Taking the Legs from Under Elder Abuse Standing
The recent decision in Lickter v. Lickter took an unnecessarily narrow view of the standing required to bring an elder-abuse action. Although seemingly correct from a will-contest, trust-contest or probate perspective,
Refusing to Return Calls from Employees on Leave is a Risky Practice for Employers
A supervisor’s failure to return calls from an employee on family or medical leave may support a retaliation claim against an employer under the federal Family and Medical Leave Act (“FMLA”).
New Rules Considered for Employment-Related Credit Checks in California
As the California Legislature reconvenes this week from its summer recess, it will be poised to advance bills that could, if enacted, impact the workplace. Among them is AB 22, which would prohibit employers,
LAW ALERT: CA Employees Who Resign for Childcare Reasons May Qualify for Unemployment Benefits
Employees in California generally are not eligible for state unemployment benefits if they quit their jobs voluntarily. However, if the employee resigns for reasons related to childcare, he or she may still qualify for such benefits under the EDD’s regulations.
LAW ALERT: EEOC Publishes New Regulations Governing Federal Disability Laws
Taking the next step to implement the federal Americans with Disabilities Amendments Act of 2008 (“ADAAA”), the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited final regulations on March 24,
Meg Whitman’s “Nannygate” Records are a Good Reminder that Employers Should Consult Legal Counsel
According to recent media reports, California gubernatorial candidate Meg Whitman released employment records to refute allegations that she knowingly hired an illegal immigrant as a nanny and housekeeper in 2000. These documents,
LAW ALERT: Ninth Circuit Rules Disability Accommodations Must be Both Reasonable and Effective
A recent opinion from a federal appellate court serves as yet another cautionary tale for employers in the area of disability accommodations. The Ninth U.S. Circuit Court of Appeals’ decision in EEOC v.
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