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, 2020 – Appellate

Northern California Super Lawyers, Appellate Law, 2013-2020

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

Webinar: Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

On June 17, 2020, employment attorneys Brendan Begley and Shauna Correia recorded this webinar discussing the different kinds of employment-related lawsuits that business owners may face as businesses reopen and employees return to work,

Read More

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.

Read More

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.

Read More

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.

Read More

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”

Read More

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.

Read More

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,

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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 –

Read More

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,

Read More

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”

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.  

Read More

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. 

Read More

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,

Read More

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.

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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]  

Read More

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.

Read More

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.

Read More

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,

Read More

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,

Read More

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,

Read More

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.

Read More

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.

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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,

Read More

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.

Read More

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,

Read More

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.

Read More

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.

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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,

Read More

21 Weintraub Tobin Attorneys Included in Sacramento Magazine’s 2020 Top Lawyers List

Sacramento, CA  – Weintraub is pleased to announce that 21 Firm attorneys have been recognized as 2020 Top Lawyers by Sacramento Magazine. The full list of 2020 Top Lawyers will be featured in the August,

Read More

Brendan Begley Discusses the Office of the Future with the Sacramento Business Journal

Employment attorney Brendan Begley spoke with Sam Boykin of Sacramento Business Journal about the recent SBJ cover article on “ The Office of the Future.”  The in-depth article includes a wide spectrum of voices discussing different aspects of the changing workplace.

Read More

36 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 36 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

Read More

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,

Read More

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,

Read More

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.

Read More

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 &

Read More

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.

Read More

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,

Read More

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,

Read More

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.

Read More

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.

Read More

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,

Read More

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, 

Read More

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.

Read More

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,

Read More

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.

Read More

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.

Read More

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.

Read More

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,

Read More

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.

Read More

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 &

Read More

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,

Read More

Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic.  It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job. 

Read More

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. 

Read More

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,

Read More

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,

Read More

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,

Read More

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. 

Read More

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. 

Read More

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.

Read More

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”). 

Read More

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.

Read More

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.

Read More

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,

Read More

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. 

Read More

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.  

Read More

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,

Read More

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,

Read More

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.

Read More

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.

Read More

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”). 

Read More

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. 

Read More

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.

Read More

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.

Read More

Lawyer Lore: The Ever Moving Bunmi Awoniyi

Download: The Ever Moving Bunmi.Final.pdf Brendan Begley interviews attorney Bunmi Awoniyi in Sacramento Lawyer.

Read More

Lawyer Lore: Criminal Defense Attorney William “Bill” Portanova

Download: Bill Portanova.pdf Attorney Brendan Begley interviews Criminal Defense Attorney Bill Portanova in Sacramento Lawyer.

Read More

Lawyer Lore: The Indomitable Judge Raul Ramirez

Download: The Indomitable Judge Ramirez.pdf Attorney Brendan Begley interviews Judge Raul Ramirez in Sacramento Lawyer.

Read More

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.

Read More

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.

Read More

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.

Read More

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,

Read More

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.

Read More

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,

Read More

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,

Read More

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,

Read More

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”).

Read More

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,

Read More

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.

Read More

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,

Read More

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,

Read More

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.

Read More