Charles L. Post

Shareholder


Experience

Chuck is a shareholder in the firm’s Labor and Employment and Litigation groups, and is the chair of the Litigation group. Chuck actively practices and litigates on behalf of employers in labor and employment, trade secrets and employee mobility, and wage and hour class actions.

His employment practice includes counseling employers in all areas of employment law and representing management in the defense of wrongful termination, discrimination, harassment, trade secret, and other employment disputes. He has extensive experience in trying multi-party complex misappropriation of trade secrets, unfair competition and corporate raiding cases.

Chuck graduated Phi Beta Kappa in English from the University of California at Irvine in 1986. He received his Masters Degree in English from the University of California, Davis in 1988 and received his law degree from the same institution in 1992. Chuck has taught legal writing on the faculty of McGeorge School of Law and previously taught composition at the University of California, Davis.


Trial defense. Notable cases.

  • North American Title v. Liberty Title, et al. Defense verdict. Lead trial counsel for defendant accused of conspiring and plotting a “raid” against a former employer’s employees. Plaintiff sought damages in excess of $25 million, plus punitive damages for misappropriation of trade secrets, intentional interference with contract and prospective economic advantage. 12 week jury trial.
  • Comerica Bank v. Commercial Capital Bank. Lead counsel in defending 21 individual defendants in complex multi-party trade secrets case. Settlement obtained favorable to all 21 defendants. Significant law and motion, writ and deposition practice during intense 12 month period in preparation for trial.
  • Lead counsel in numerous employment and complex litigation matters ranging from injunctive relief battles, workplace discrimination and retaliation, anti-trust unfair competition, and trade secret misappropriation claims.

Appellate Matters

Chuck has appeared as lead appellate counsel in numerous appeals and writs. Chuck was lead counsel in a matter where a writ of supersedes was obtained modifying the trial court’s injunctive relief order in Comerica v. Commercial Capital Bank.

Other notable appellate court decisions include:

  • In Re Mark B (2007) 149 Cal.App.4th 61[establishing the applicability of CCP 128.7 to juvenile dependency/dependency matters].
  • Cummings v. Future Nissan (2005) 128 Cal.App.4th 321 [establishing the propriety of “appellate arbitration” procedure provisions in arbitration agreements].
  • Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal.App.2d 32 [good faith investigation will not relieve employer of obligation to provide “good cause” for termination in contract for a specified term of employment].
  • Channel Lumber Co. Porter Simon (2000) 78 Cal.App.4th 1222 [attorney’s not “agent” of a corporation for purposes of Corporations Code section 317].
  • Oliver v. AT&T Wireless Services (1999) 76 Cal.App.4th 521 [nuisance not established by appearance alone without intrusion].

Representative Clients (Counseling and Advice):

  • Association of California School Administrators
  • Association of California State Supervisors
  • Butolins Insurance Agency, Inc.
  • California Fruit and Tomato Kitchens
  • Capitol Gastroenterology Consultants Medical Group
  • Carson Landscape
  • Delta King
  • ECORP Consulting, Inc.
  • Edgewood Partners Insurance Center
  • Lundberg Family Farms
  • Rabobank, N.A.
  • Sacramento River Cats
  • Western Transportation Insurance Services

Representative Cases

  • Disability Discrimination
  • Atteberry v. Auburn Lake Trails
  • Perman v. Bank of America
  • Chapman v. Bank of America
  • Duran v. Bank of America
  • Steve White v. Bank of America
  • Darrin W. Smallen v. California State University Sacramento

Employment

  • Rosemary Mann v. North Star Property Owners Associations
  • Commercial Capital Bank v. Comerica Bank, et al.
  • North America Title v. Liberty Title, et al.
  • Jennifer Drew v. Hidden Valley Lake Association
  • McFarlane v. California Tomato Kitchens
  • Bristow v. Dome Printing
  • Johnson v. Capitol Gastroenterology
  • Lennex v. Round Table Pizza
  • Fife v. Liqui-Box
  • Andreata v. Prison Industries Authority
  • Cummings v. Future Nissan
  • Novielli v. Western Transportation Insurance Services

Arbitration

  • ACSS v. CSEA
  • Trade Secret Litigation
  • Comerica Bank v. Commercial Capital Bank, et al.
  • North American Title v. Liberty Title, et al.
  • Frontier Dental Laboratories, Inc. v. M32 Oral Designs, et al.
  • Chipco Manufacturing Co. v. Raymond Kinner

State Bar of California, Litigation Section
Member

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

Meritas, Sacramento
Member

Awards

Sacramento Magazine’s Top Lawyers List, 2017- 2019 – Employment & Labor

Sacramento Magazine’s Top Lawyers List, 2015-2016 – General Litigation

Sacramento Magazine’s Top Lawyers List, 2019- Trade Secrets

Best Lawyers in America ® 2008, 2009, 2012-2020

Sacramento Business Journal’s Best of the Bar, 2014-2017, 2019

Northern California Super Lawyers,
2005, 2006, 2008-2019

Top 10 Northern California Super Lawyers, 2015-2017

Top 25 Sacramento Super Lawyers, 2013-2019

Top 100 Northern California Super Lawyers, 2014 and 2017 – 2019

award

J.D., University of California, Davis, 1992

M.A., University of California, Davis, 1988

B.A., cum laude, University of California, Irvine, 1986

Phi Beta Kappa

Webinar: Insurance Coverage for COVID-19 Losses – Five Things to Know and Do

On May 6, 2020, Weintraub attorneys Charles Post and James Kachmar held a straightforward discussion of insurance coverage issues and potential insurance company responses to business interruption and other claims arising from COVID-19.

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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.

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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.

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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.

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Accommodating Employees: It’s Even More Complicated!

  Most employers know that employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability or medical condition. It is important for employers to understand and comply with how the courts and various federal and state regulatory agencies define accommodations,

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Non-Exempt Employees: Watching the Clock

  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.

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Independent Contractors v. Employees: Do Independent Contractors Still Exist?

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

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,

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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.

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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.

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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.

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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 –

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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,

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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”

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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,

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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.

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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.

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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.

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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.  

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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. 

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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,

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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.

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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.

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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]  

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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.

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Employment Law Update – 2014 A Year in Review | 2015 An Interesting Year Ahead (San Francisco)

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.

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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,

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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,

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Creating a Healthy Workplace: OSHA, IIPP and Workplace Violence

Download: OSHA Flyer.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.

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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,

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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.

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Fall Half Day Workshop – The FMLA/CFRA, ADA/FEHA, PDL and Labor Code – Oh My!

SEAC invites you to spend the morning with leave and accommodation experts employment attorneys, Beth West and Chuck Post from Weintraub Tobin as they discuss the ins and outs of this difficult area of employment law.

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Prosecuting and Defending Corporate Raiding, Customer Trade Secret & Employee Mobility Cases

About the Program Trade secret litigation and employee mobility cases are the hottest areas of intellectual property and employment litigation. Employees are getting laid off in record numbers, more and more senior level executives and employees are leaving one company to start or join a direct competitor.

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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,

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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.

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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.

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Lorman Administering Leaves of Absence in California under FMLA & CFRA Seminar

Get the latest advice on managing the complexities of FMLA and CFRA regulations. Shareholder, Chuck Post will be speaking at this engagement. Seminar Summary: In today’s economic climate, attendance and productivity are key to a company’s survival.

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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.

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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.

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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,

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Upcoming Seminar: Untrained Managers and Supervisors – What They Need to Know

Download: Flyer – Your Greatest Liability. Untrained Managers and Supervisors – (1722646).PDF 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.

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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.

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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.

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Mandatory AB 1825 Sexual Harassment Prevention Training

Download: Flyer Mandatory AB 1825 Training (1690053).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

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.

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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.

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Upcoming Speaking Engagement: Human Resource Law: What You Need To Know Now

Program Description Weintraub attorney Charles L. Post will speak on the following topics: "Is Your Employee Handbook Up to Date? Essential Components and Sample Policies for Today’s Workplace" Wage and Benefit Issues Stay up to date on the latest legislative changes and court decisions impacting your human resource practices!

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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

Upcoming Seminar: The Intricacies of Wage and Hour Laws for Non-Exempt Employees

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

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

WEBINAR: Tips When Hiring and Firing Employees

Download: Flyer – WEBINAR. Tips When Hiring and Firing Employees.PDF Summary of Program The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is pleased to offer this informative webinar that will discuss recent cases to help business owners,

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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,

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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.

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Upcoming Speaking Engagement: Whose Book (of Business) Is It, Anyhow?

Download: Multi-State Chart re Covenants Not to Compete.PDF Labor and Employment attorney Chuck Post will speak on: “Whose Book (of Business) Is It, Anyhow? What to do Before a Competitor Hires Your Employees – or You Hire Theirs” at the California Banker’s Association’s 122nd Annual Convention and 46th Annual Bank Counsel Seminar at the Hyatt Regency Huntington Beach on May 4.

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Upcoming Sacramento Seminar: Mandatory AB 1825 Sexual Harassment Prevention Training

Download: AB 1825 Brochure.pdf Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employersprovide 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 Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Download: Flyer – Complex Web of Federal State and Local Leave Laws (1600508).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: Independent Contractor v. Employee – “Saying It’s So, Doesn’t Make it So”

Download: Flyer – Independent Contractor v. Employee (1580548).pdf 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

Upcoming Seminar: Accommodating Employees At Work: There’s More to It Than You Think

Download: Flyer – Accommodating Employees at Work. There’s More to It Than You Think (1580522).pdf Summary of Program Most employers know that employees may need to be accommodated from time to time for various reasons,

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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.

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Employment Law Update – SF Editions: 2012—A Year in Review: 2013—A Challenging Year Ahead

Download: Flyer – SF Employment Law Update (2012-2013) .PUB Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2012 and review the complexities of a number of new laws facing employers in 2013.

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Employment Law Update: 2012—A Year in Review: 2013—A Challenging Year Ahead

Download: Flyer. Employment Law Update .PUB Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2012 and review the complexities of a number of new laws facing employers in 2013.

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WEBINAR: Tips When Hiring and Firing – Get It right Before The Fight

Download: Tips when Hiring and Firing.pdf Summary of Program The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is pleased to offer this very informative training session that will discuss recent cases to help business owners,

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TRAINING: Mandatory AB 1825 Sexual Harassment Prevention

Download: Sexual Harassment Prevention.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. 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,

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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,

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SEMINAR: NEW LOCATION! Risks and Benefits of Social Media and Computers in the Workplace

Download: Social Networking SF v2.pdf 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).

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Upcoming Speaking Engagement: Whose Book (of Business) Is It Anyway?

Download: Multi-State Chart re Covenants Not to Compete (1550390).PDF Labor & Employment attorney Chuck Post will speak at the 2012 ALTA National Convention, October 17-20 in Colorado. Chuck will join two other speakers for the seminar: "Whose Book (of Business) Is It Anyway,"

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SEMINAR: Retaliation, Whistleblowing and Wrongful Termination Claims All Employers Should Avoid

Download: Retaliation and Whistleblowing.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.

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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.

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Upcoming Seminar: The Complex Web of Leaves and Accommodation Laws – Sacramento

Download: Leaves & Accomodations.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.

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Upcoming Seminar: The Complex Web of Leaves and Accomodation Laws – SF

Download: Leaves & Accomodations SF.pdf This event has been canceled. 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.

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AAAB Seminar: Recent Changes in California Employment Law

Topic: The Moving Target – Recent Changes in California Employment Law Summary: Attorneys from Weintraub Genshlea Chediak Tobin & Tobin will provide a brief overview of the complexities of laws facing employers and discuss important case law developments.

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Upcoming Webinar: Independent Contractor v. Employee?

Summary of Program If it Walks Like a Duck, Quacks Like a Duck, It’s a Duck! The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious.

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: Mandatory AB1825 Sexual Harassment Prevention Training

Download: Seminar-Jun6_no-crop.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. The Labor and Employment Group at Weintraub Genshlea Chediak Tobin &

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Upcoming Seminar – SF Edition: Developments in Wage and Hour Laws – the Good, the Bad & the Ugly

Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help employers and HR professionals gain a more thorough understanding of various wage and hour laws that often create liability when an employer gets them wrong.

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Upcoming Seminar: Developments in Wage and Hour Laws – the Good, the Bad & the Ugly

Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help employers and HR professionals gain a more thorough understanding of various wage and hour laws that often create liability when an employer gets them wrong.

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Seminar: Effective Employment Policies – Are Yours Up To Date?

Download: Effective Employment Policies-Are Yours Up To Date.pdf Program Summary: Join the Employment Law Group of Weintraub Genshlea Chediak Tobin & Tobin for an informative training session that will help business owners,

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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.

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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.

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Employment Law Update: 2011—A Year in Review: 2012—A Tough Year Ahead

Summary of Program: Join the attorneys from Weintraub Genshlea Chediak’s Employment Law Group for an exhilarating morning (ok … that’s code for an adrenaline — charged; white – knuckle morning) as they review the complexities of a number of new laws facing employers in 2012,

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Employment Law Update – SF Edition: 2011—A Year in Review: 2012—A Tough Year Ahead

Download: Flyer – 2011 Year in Review- 2012 A Tough Year Ahead (rev) (1420455).pdf Join the attorneys from Weintraub Genshlea Chediak’s Employment Law Group for an exhilarating morning (ok … that’s code for an adrenaline — charged;

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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,

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Upcoming Seminar: Disciplining and Terminating Employees: Methods to Reduce Liability

Summary of Program: The Labor and Employment Group at Weintraub Genshlea Chediak is pleased to offer this very important training session that will discuss recent cases to help business owners, human resource professionals,

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Upcoming Seminar: Social Networking – Computers, the Internet and the Workplace

Summary of Program: Social networking sites such as MySpace, LinkedIn, Facebook and Twitter have become more and more popular over the last several years. Employees are communicating with one another (as well as current and potential customers) using these sites,

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Upcoming Seminar: Wage and Hour Laws in Today’s Tough Economy

Summary of Program: In today’s tough economy, employers are struggling to keep up with the myriad of federal and state wage and hour laws while trying to keep their businesses operating.

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Seminar: Mandatory Sexual Harassment Prevention Training for Supervisors

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,

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Upcoming Seminar: OSHA Compliance – Safety and Prevention of Workplace Violence

Download: Seminar Brochure – April 21, 2011.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.

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14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

  SACRAMENTO, California  – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L.

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19 Weintraub Tobin Attorneys Named to The Best Lawyers in America© 2020

  SACRAMENTO, CA (August 15, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 19 of our attorneys have been recognized on the 2020 The Best Lawyers in America list.

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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,

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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,

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19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America ©2019

SACRAMENTO, California – August 15, 2018 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2019 list. David Adams, Sacramento, Corporate Governance Law,

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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 &

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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.

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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,

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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,

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Thirteen Weintraub Tobin Attorneys Named to Sacramento Business Journal’s Best of the Bar 2017

SACRAMENTO, California – September 11, 2017 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its thirteen attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2017.

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19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America© 2018

SACRAMENTO, California – August 16, 2017 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2018 list. David Adams, Sacramento, Corporate Governance Law,

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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.

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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.

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Twelve Weintraub Tobin Attorneys Named to Sacramento Business Journal’s Best of the Bar 2016

  SACRAMENTO, California – August 26, 2016 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its twelve attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2016.

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Nine Weintraub Tobin Attorneys Named to Best Lawyers In America© 2017

SACRAMENTO, California – August 15, 2016 – Weintraub Tobin congratulates its nine partners who have been included in The Best Lawyers of America© 2017 list. David Adams, Sacramento, Corporate Governance Law &

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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, 

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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.

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Senate and House of Representatives Pass the Defend Trade Secrets Act

Senate and House of Representatives Pass the Defend Trade Secrets Act (DTSA).  First federal trade secret bill awaiting presidential signature. More details can be found at the following Forbes article:  “The New Defend Trade Secrets Act is the Biggest IP Development in Years,” dated April 28,

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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,

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Eleven Weintraub Tobin Attorneys Named to Sacramento Business Journal’s Best of the Bar 2015

  SACRAMENTO, California – September 3, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its eleven attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2015.

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Weintraub Tobin Named to Best Law Firms 2016 and Nine Weintraub Tobin Attorneys Named to Best Lawyers In America

  SACRAMENTO, California – August 18, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its nine attorneys who have been included in The Best Lawyers of America© 2016. David C.

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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.

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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.

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Eight Weintraub Tobin Attorneys Named to Best Lawyers In America© 2015

SACRAMENTO, California – August 25, 2014 – Today, Weintraub Tobin Chediak Coleman Grodin Law Corporation (Weintraub Tobin) congratulates its eight partners who have been included in The Best Lawyers of America© 2015.

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Milk Producers Council and Weintraub Tobin Partnership

Download: Milk Producers Council Brochure_final.pdf Milk Producers Council and Weintraub Tobin announce their strategic partnership to provide members with consultation and education services on labor and employment and environmental issues. Click PDF to see brochure.

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Milk Producers Council and Weintraub Tobin Partnership

Download: Milk Producers Council Brochure_final.pdf Milk Producers Council and Weintraub Tobin announce their strategic partnership to provide members with consultation and education services on labor and employment and environmental issues. Click PDF to see brochure.

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Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”

Co-authored by Lizbeth West, Published by LexisNexis Book Highlights: How to navigate the complex issues surrounding family leave, military leave, worker’s compensation and personal time. Insightful analysis of the key employment features to keep in mind when dealing with leave law in California.

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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,

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Eight Shareholders Named 2014 Best Lawyers in America®

Weintraub Tobin Chediak Coleman Grodin, a business law and litigation firm, is pleased to announce that eight of its partners were recently selected by their peers for inclusion in the 2014 edition of Best Lawyers in America®.

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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.

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Weintraub Tobin Sponsors Sacramento Employer Advisory Council

Weintraub Tobin is a proud sponsor of the Sacramento Employer Advisory Council (SEAC), a nonprofit organization that helps educate employers about relevant employment issues and related legal concerns. SEAC partners with the Employee Development Department (EDD) to increase cooperation and communication between EDD and the private sector.

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Eight Weintraub Tobin Attorneys Honored as 2013 Best Lawyers in America

Weintraub Tobin Chediak Coleman Grodin Law Corporation, a statewide business law and business litigation firm, is pleased to announce that eight of its partners were recently selected by their peers for inclusion in the 2013 edition of the Best Lawyers in America.

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Gary Bradus Named as One of the Top 100 Northern California Super Lawyers in 2012

SACRAMENTO, Calif., July 25, 2012 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm, congratulates Gary Bradus on being named as one of the Top 100 Northern California Super Lawyers of 2012.

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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 &

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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,

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Seven Weintraub Genshlea Chediak Attorneys Named in Best Lawyers of America for Sacramento

Weintraub Genshlea Chediak congratulates all of the attorneys who were included in the distinguished list of 2011 “The Best Lawyers in America®” for Sacramento: Banking Law Joseph S. Genshlea Bet-the-Company Litigation Joseph S.

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Twelve Weintraub Genshlea Chediak Attorneys Honored as Northern California Super Lawyers and Rising Stars

SACRAMENTO, Calif., July 14, 2010 – Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its twelve attorneys who were named as 2010 Northern California SuperLawyers and Rising Stars: SuperLawyers: Gary L.

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Weintraub Genshlea Chediak Attorneys Win Again!

Download: Metropolitan News Company Press Release re Shames v. CTTC.pdf The Ninth U.S. Circuit Court of Appeals yesterday rejected claims that the California Travel and Tourism Commission violated federal antitrust law by agreeing with rental car companies to pass tourism assessments on to customers.

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Weintraub Genshlea Chediak Announces New Los Angeles Office

Sacramento’s fifth-largest law firm quietly opened a branch in Los Angeles this week. Weintraub Genshlea Chediak Law Corp. has hired two litigators in an office on Wilshire Boulevard to solidify a toehold in the intellectual property,

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Fourteen Weintraub Genshlea Chediak Attorneys Honored As 2009 Nor Cal Super Lawyers and Rising Stars

Fourteen Weintraub Genshlea Chediak Attorneys Honored as 2009 Northern California Super Lawyers and Rising Stars SACRAMENTO, Calif., July 21, 2009 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its fourteen attorneys who were named as 2009 Northern California Super Lawyers and Rising Stars: Super Lawyers: Dale C.

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Six Weintraub Genshlea Chediak attorneys named in Best Lawyers in America for Sacramento

Weintraub Genshlea Chediak congratulates all of the attorneys who were included in the distinguished list of 2009 “The Best Lawyers in America®” for Sacramento: Christopher Chediak – Corporate Law (also named Lawyer of the Year);

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Six Weintraub Genshlea Chediak Attorneys Honored As 2008 Northern California Super Lawyers

Six Weintraub Genshlea Chediak Attorneys Honored as 2008 Northern California Super Lawyers SACRAMENTO, Calif., July 31, 2008 –Weintraub Genshlea Chediak, a Sacramento-based business law and business litigation law firm congratulates its six shareholders who were named as 2008 Northern California Super Lawyers: Dale C.

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Four Weintraub Attorneys Honored as 2008 Best Lawyers in America

Four Weintraub Attorneys Honored As 2008 Best Lawyers in America SACRAMENTO, Calif., November 1, 2007 –Weintraub, a Sacramento-based business law and business litigation law firm is pleased to announce that four of its partners were recently selected by their peers for inclusion in the 2008 edition of The Best Lawyers in America (Copyright 2007 by Woodward/White,

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Are You Doing it Right? California Supreme Court Clarifies Overtime Rate Calculations

It is an old joke that the world can be divided into people who are good at math and those who go to law school.  Whether you believe the joke or not,

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Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Beware. Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.

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Trap for the Unwary: Elimination of the Position as Opposed to Termination for Cause

Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause. Position eliminations and reductions in force allow an employer to say goodbye to an employee without having to lay out the reasons for the separation on the employee’s door step.

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California Fair Pay Act Confusion – Understanding California Labor Code Section 1197.5

The following discussion concerns the California Fair Pay Act, and how to apply it. If you are unfamiliar with the Act, you may wish to begin by reading this blog. I get calls from employers asking: “When I group my employees by substantial similarity of work,

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US OSHA Opens Injury Tracking Electronic Portal

The U.S. Occupational Safety and Health Administration (U.S. OSHA) has established a new electronic portal for employers to file web based reports of workplace injuries or illnesses. Read the full article at HRUSA here: http://blog.hrusa.com/blog/us-osha-opens-injury-tracking-electronic-portal/

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Is Panic Really the Best Choice? One Lawyer’s Approach to Analyzing “Substantially Similar Work” Under the California Fair Pay Act

Since the passage of the California Fair Pay act in late 2015 (effective January 1, 2016) and its recent amendments, many employers and commentators have criticized the statute for imposing a vague and dangerous standard on California employers.

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Managing Your Business Under Mandatory Evacuation

Imagine this: Your business lies within a zone that is subject to a mandatory evacuation order from emergency response and law enforcement officials.  Imagine that the evacuation order arises from a fire or imminent flooding. 

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Word to the Wise: Commission Paid Employees

For several years, California law has required that whenever an employer hires an employee and “the contemplated method of payment of the employee involves commissions … the contract shall be in writing and shall set forth the method by which the commission shall be computed and paid.

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Things You Hope You Will Never Need to Know: Liability Arising from Serious Workplace Injury

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s Compensation Worker’s compensation is,

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White House Calls for Restrictions to Curb Non-Compete Agreements

The White House has issued new information about its policy position on non-competes, including a call to action from President Obama to state and federal lawmakers to curb and limit non-compete agreements.

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Homeland Security Issues New I-9 Form

On November 14, 2016, The Department of Homeland Security (through USICS) released a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 (with a revision date of 03/08/2013) through January 21,

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Unpaid Work Time Is Not Offset By Voluntary Payment

Almost all employers are business people. They are used to credits and debits in handling and accounting for commercial accounts,  they are used to the application of credit in one transaction to make up for a shortfall in another. 

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Employee Requests For Payroll Records: Haste Makes, er, a Hash of Things

Conventional wisdom notwithstanding, employers are people or, if they are not, they are staffed by people. People often take short cuts. HR workers are no different from anybody else.  They are prone to take the shortest distance between two points. 

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Senate and House of Representatives Pass the Defend Trade Secrets Act

Senate and House of Representatives Pass the Defend Trade Secrets Act (DTSA).  First federal trade secret bill awaiting presidential signature. More details can be found at the following Forbes article:  “The New Defend Trade Secrets Act is the Biggest IP Development in Years,” dated April 28,

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Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An Employee’s Breach of Duty To A Former Employer

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and abetted the former employee’s breach of duty he/she owed to his/her former employer.

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Warning! Know Your Payroll Service Contract!

Many – maybe even most – contracts issued by major payroll processing services contain traps for the unwary. Many employers I speak with turn over all payroll processing responsibilities, including issuance of accurate checks and wage statements and record storage,

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California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

California’s prohibition on non-competition agreements is less than absolute.  For example, non-compete agreements may be enforced against partners or sellers of businesses.  Additionally, in SingerLewak LLP v. Andrew Gantman (2015) 241 Cal.App.4th 610,

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REMINDER – Notices to Employees Under Labor Code Section 2810.5

By Chuck Post Are you telling new hires and those currently employed all that you are required to tell them?  Below is a link to the Department of Labor Standards Enforcement Notice to Employee form which employers may use to fulfill their obligations under Wage Theft Protection Act that passed several years ago. 

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Excuse Me While I Rant A Moment

By Charles L. Post Misguided Ruling in Cochran v. Schwan’s Home Service, 228 Cal. App. 4th  1137 (August 12, 2014) There is an old saying – I think it is German – that only a fool confuses loss and gain. 

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What To Do When Your Best Employee Quits

By Charles L. Post “People rarely appreciate a ‘how can you do this to me?’ scene when they first give their notice,” added Chuck Post, Shareholder of Weintraub Tobin. Find out What to Do When Your Best Employee Quits.

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Courts Lack Jurisdiction to Determine Whether an Arbitration Agreement is Enforceable?

By Charles L. Post A California Court of Appeal decision issued on May 15, 2014 (Tiri v. Lucky Chances, Inc., Case No. A136675) decided that the parties to an arbitration agreement may,

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Court of Appeal Affirms Trial Court Award of “Bad Faith” Attorney’s Fees

By Charles Post Readers of this blog may recall our discussion of a “bad faith” attorney’s fees award made by the trial court in the Aerotek v. The Johnson Group case.  

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The Truth About the “Exceptional” Remedy

By Charles Post It is a truism that preliminary injunctions are “rare” and “exceptional” remedies.  But rarity is context specific.  As a percentage of cars made, Cobra GTs are rare.  If you are standing in the plant where they are made,

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Unpublished Court of Appeals Case Applies “Sufficiently Pervasive or Severe” Standard

By Charles Post On July 13, 2013, in an unpublished decision, the Second Court of Appeal reversed a lower court’s decision to dismiss a sexual harassment case on the grounds that plaintiff had not adequately pleaded a “hostile environment” theory. 

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Don’t Ask for Passwords – Restrictions on Employer Use of Employee’s Social Media Info is Now Law

AB 1844 is now law. Among other things, it: (1) prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media or to require the employee or applicant to access personal social media in the presence of the employer or to divulge any personal social media;

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Governor Signs Overhaul of Disability Law

Governor Brown recently approved a significant – although many would stay still inadequate – overhaul of California law that governs the what, how and when of disability access suits under state law.

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CASE ALERT: California Supreme Court Hands Down Brinker Decision

As many readers of this Blog know, we’ve been awaiting the California Supreme Court to issue its decision in the Brinker case. This morning it did so. As our attorneys continue to analyze the decision involving issues of employee rest periods and meal breaks,

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Wage and Hour Refresher: Are You Committing a Misdemeanor?

Because employers and employees have the right to reach agreement as to the terms, conditions and nature of the work, many employers believe that anything they can get an employee to agree to is legal and permissible.

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When Can an Employer Seek Reimbursement for Training Costs Advanced to an Employee?

Lawyer Answer: It depends. Here, that answer is not simply a dodge but is instead a reflection of what can be some complicated legal terrain. The question of advanced training costs arises in a number of situations: (1) where an employer advances costs for training to obtain a license or certification that is required by an ordinance or statute;

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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,

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LAW ALERT: CA Court Of Appeal Upholds Salary Agreements That Include Straight Time and Overtime

Disagreeing with the California Labor Commission, a California Court of Appeal upheld the trial court’s decision that explicit mutual wage agreements which include straight time and overtime components are enforceable under California law.

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“Same Actor” Defense

I was recently asked something of a “desert island” question. Instead of being asked what 10 records or 10 movies I would take to a desert island, I was asked, “If an employer could only do one thing to reduce its exposure to employment discrimination liability,

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Weintraub Lawyers Win Appeal Before the Ninth Circuit

On May 5, 2010, the Ninth Circuit Court of Appeal issued an Opinion, to be published, in the case titled Porter v. Winter (9th Cir. 07-171250). Attorney Charles L. Post prepared and submitted the briefs and attorney Lizbeth V.

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10 Things to Know When a Competitor Hires Your Employees or You Hire Theirs

by Charles L. Post and James Kachmar You Lose A Key Employee; And Then Another And Another … One of the company’s highest paid employees has decided to look for greener pastures or even start her own company.

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LAW ALERT: California Supreme Court Rejects Customer Non-Solicitation Contracts

Download: Legal Alert Edwards v Arthur Andersen.pdf Charles L. Post Weintraub Genshlea Chediak In Edwards v. Arthur Andersen, LLP, Case No. BC294853 (August 7, 2008) the California Supreme Court holds that non-solicitation of customer agreements are per se unenforceable unless they fall within the statutory or other exception permitted under the law.

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LEGAL ALERT: Supreme Court Decision – Medicinal Marijuana

Download: Ross v RagingWire (1011941).PDF As promised during our 2007 Labor and Employment Law Year in Review, here is an update on the medicinal marijuana case decided yesterday by the California Supreme Court in Ross v.

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