Lizbeth (Beth) V. West

Shareholder


Experience

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

Employment Counseling and Training
Beth has years of experience assisting employers in all aspects of their employment relationship with their employees. Her practice focuses on counseling and training employers, HR professionals, and managers regarding:

  • Recruiting and hiring
  • Employment agreements and compensation plans
  • Protection of trade secrets
  • Wage and hour laws
  • Independent contractor status
  • Performance standards and disciplinary actions
  • Privacy rights
  • Leaves of absence and reasonable accommodations
  • Preventing discrimination, harassment, and retaliation
  • Preventing and responding to theft and embezzlement
  • Reductions in force, terminations, and layoffs
  • Compliance with other state and federal employment laws
  • Due diligence audits in connection with mergers and acquisitions to evaluate employment law compliance and identify potential liabilities
  • AB 1825 sexual harassment prevention training and other supervisor best-practices training

Employment Mediation
Based on her many years of experience as an employment attorney and her specialized training and certification from Cornell University’s ILR School in employment mediation, Beth provides trusted and effective mediation services exclusively in the area of employment disputes. She can assist parties in resolving virtually every type of employment dispute – either pre or post litigation.

Workplace Investigations
Beth is a charter and sustaining member of the Association of Workplace Investigators (AWI) and has passed the rigorous test to obtain a certificate in workplace investigations from AWI. She conducts independent and neutral workplace investigations for both public and private employers.

Employment Defense
Beth has years of experience representing employers in governmental audits and investigations, and defending them in various forms of employment-related litigation in state and federal court, as well as before administrative tribunals.

  • DOL, EEOC, DFEH, DLSE, EDD, CalOSHA, and OFCCP audits, investigations, and appeals
  • Wage and hour claims
  • Harassment, discrimination, retaliation claims
  • Failure to reasonably accommodate claims
  • FMLA/CFRA interference and retaliation claims
  • Breach of contract claims
  • Whistleblowing and wrongful termination claims

Disability Access Defense
Beth has extensive experience representing business owners and operators in ADA and California disability access cases.

  • Representation of businesses in state and federal court
  • Amicus curiae briefs for industry and business clients in important disability access cases before the California Supreme Court and the Ninth Circuit Court of Appeal

Publications & Teaching Experience
Beth is active in supporting the education of employers and attorneys in the field of employment law.

  • Co-author of the Lexis Nexis/Matthew Bender Treatise entitled, “California Leave Law: A Practical Guide for Employers”
  • Contributing editor to Chapter 10 (“Harassment”) of The Rutter Group’s “California Practice Guide: Employment Litigation”
  • Regular writer for Weintraub Tobin’s Labor and Employment Law Blog
  • Instructor for UOP, McGeorge School of Law’s CLE course – “Elimination of Bias in the Practice of Law”
  • Regular speaker and trainer on employment law issues for various organizations in California
  • Former adjunct professor of law at UOP, McGeorge School of Law

Community Involvement and Interests

  • Hope Cooperative, Sacramento, V.P. Board of Directors
  • Habitat for Humanity Global Village – Mekong Big Build in Phnom Penh, Cambodia 2013; Amarente Build in Portugal 2017; Argentina Build 2019.
  • Sacramento Advocates for Girl Empowerment (SAGE) – outreach organization for underprivileged children
  • Weintraub Tobin’s “Champions for Adoption” Team with Sierra Adoption Services (now Sierra Forever Families) to raise money to place foster children in loving adoptive homes
  • Special Spaces volunteer – bedroom buildouts and makeovers for terminally or chronically ill children
  • Former Yolo County Community Services Action Board Member
  • In her free time, Beth enjoys traveling, cooking, hiking, running, and spending time with her family and friends

Representative Cases

Below are a few of Beth’s representative cases:

  • Bristow v. Dome Printing (Sacramento County Superior Court and Third District Court of Appeals)
    Obtained summary judgment for employer and defeated subsequent appeal in age discrimination and FMLA/CFRA violation case.
  • Wilson v. Nimbus Winery (U.S. District Court for the Eastern District)
    Obtained a full defense verdict at trial in an ADA and California disability access case.
  • Vincent v. Grassland Water District (Merced County Superior Court)
    Obtained summary judgment for employer in whistleblowing, retaliation, and wrongful termination case.
  • Spinks v. E. J.’s Pizza (Sacramento County Superior Court)
    Successfully defended and ultimately settled class action wage and hour lawsuit involving claims of unpaid overtime and missed meal and rest periods.
  • Reynolds v. Covell Commons HOA (Yolo County Superior Court)
    Obtained summary judgment for employer in hostile work environment, retaliation, and constructive discharge case.

Industry Experience

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

State Bar of California, Labor and Employment Law Section

State Bar of Washington, Labor and Employment Law Section

Sacramento County Bar Association, Labor and Employment Law Section

Litigation Counsel of America – Fellow

Association of Workplace Investigators (AWI) – Charter and Sustaining Member

Meritas, Sacramento – Member

Northern California Super Lawyers 2009, 2010, 2012-2020

Top 25 Sacramento Super Lawyers 2013, 2015-2020

Top 50 Northern California Women Super Lawyers 2014-2020

Top 100 Northern California Super Lawyers 2015-2019

Sacramento Magazine’s Top Lawyers List, 2015-2020 – Employment and Labor

Sacramento Business Journal’s Best of the Bar, 2014, 2016 – 2020

award

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

Order of the Coif.

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

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

Certificate in Workplace Investigations, AWI 2017

Webinar – Getting Back to Business: Building Your Net to Minimize Your Risk

On June 3, 2020,  Lizbeth (Beth) V. West was a panelist for the webinar Getting Back to Business: Building your Net to Minimize Risk, hosted by the Capital Region Family Business Center.

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Webinar: Employment Issues Upon Re-Entry to the Workplace

The COVID-19 pandemic has changed the workplace landscape.  While the anticipated re-opening of the economy is on the horizon, employers must be aware of a number of employment issues when employees begin to re-enter the workplace. 

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Overtime, Meal Periods, Wage Statements – Oh My! Non-Exempt Wage and Hour Compliance: Postponed

We sincerely apologize to have to postpone this seminar until further notice. Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Employers are often sued because of technical violations that occur simply because an employer is unaware of their legal obligations. 

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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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What Do You Need to Do In January 2020

Summary of Program January 1, 2020 is right around the corner; be sure you are ready for the New Year and the new legal obligations it brings. Join Lizbeth (“Beth”) West,

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Lizbeth (Beth) V. West will be speaking at AWI’s Sacramento Workplace Investigation Basics Seminar

  Association of Workplace Investigators (AWI) is holding its Sacramento Workplace Investigation Basics Seminar on Monday, November 18, 2019.   Summary: This popular, fast-paced, interactive program is designed to introduce the participants to the theory and the practical skills necessary to conduct impartial investigations of allegations of employee misconduct.

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FEI Development Session: The Do’s and Don’ts of an Effective Workplace Investigation

  Join Weintraub Tobin on Thursday, August 15, 2019, as it hosts the Sacramento Chapter of Financial Executives International (FEI) for an important training and development session on The Do’s and Don’ts of an Effective Workplace Investigation.

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Independent Contractor, Joint Employment Misclassification Litigation San Francisco

Weintraub Shareholder and chair of Labor and Employment Group,  Lizbeth (Beth) V. West, will be speaking at an upcoming Bridgeport Continuing Education event.       Summary of Program California Employers and Litigators have wrestled for years over how to classify independent contractors and employees and which employees are exempt.

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The Leave Law Matrix: It’s Complicated

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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It’s Time to Investigate: The Importance of Effective Investigations

  Join attorneys from Weintraub Tobin’s Workplace Investigations Unit (Lizbeth [“Beth”] West and Meagan Bainbridge) for a hands-on training where they will discuss the fundamentals of an effective workplace investigation. Examples of topics to be discussed include: The duty to investigate Selecting the right investigator The importance of clear investigative scope Conducting effective witness interviews Synthesizing facts and assessing credibility Recognizing and eliminating biases and moral judgments The components of a meaningful investigation report Who should attend: In-house HR Professionals In-house EEO Officers Attorneys Licensed Private Investigators Date &

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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.

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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,

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Are You Allowed to Ask That? Effective Employment Policies from Hiring to Firing

Are You Allowed to Ask That? Effective Employment Policies from Hiring to Firing Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners,

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Mandatory AB 1825 Sexual Harassment Prevention Training and Optional 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 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 Strategies to prevent harassment in the workplace Lawful supervisory responses to complaints of harassment in the workplace Training on prevention of “abusive conduct”

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You Aren’t In Kansas Anymore, Dorothy: A Common Sense Method of Complying with California’s New Fair Pay Act

Summary of Program For decades the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. On October 6,

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2018 Employment Law Update (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2017 and review a number of new laws facing employers in 2018.

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“Saying 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

Are Your Exempt Employees Properly Classified? – It’s Not Just Based on Salary

  Date: April 20, 2017 Time: 9:30 a.m. – 11:30 p.m. Summary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime,

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“Slaying the PAGA Dragon” – Wage and Hour Compliance for Non-Exempt Employees

Date:  March 16, 2017 Time:  8:30 a.m. – 12:00 p.m. 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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“From Hiring to Firing” – The Life Span of the Employment Relationship

Date:  February 23, 2017 Time:  9:30 a.m. – 11:30 a.m. Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners,

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 the prevention of “abusive conduct”

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”

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,

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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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“It Was Colonel Mustard in the Library” Workplace Investigations

Summary of Program Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Beth West, Vida Thomas, and Meagan Bainbridge) as they discuss the fundamentals of an effective workplace investigation. Program Highlights The duty to investigate Determining who will do the investigation Recognizing your own biases Tips for conducting the investigation Preparation Conducting and documenting witness interviews Analyzing the evidence and making credibility determinations Writing the investigation report Seminar Program 9:00 a.m.

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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

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.

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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,

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,

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Accessible Marketing Strategies Using Social Media – Sexual Harassment Prevention

Download: Accessible Marketing Strategies Using Social Media – Sexual Harassment Prevention.pdf The Yuba, Sutter, Colusa, Butte Employer Advisory Council in partnership with the Employment Development Department present Accessible Marketing Strategies using Social Media –

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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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Sacramento Employment Advisory Counsil (SEAC) Breakfast Meeting: Workplace Investigations

Breakfast Meeting: InvestigationsWednesday, September 10, 2014 Time: 8:00 a.m. to 10:00 a.m. Location: Weintraub Tobin Law Firm 400 Capitol Mall, 11th Floor Sacramento, CA 95814 Map & Directions Cost: Members: $35.00 in advance (By Sept 8)/$40 at the door Non-Members: $50 in advance (By Sept 8) $60.00 at the door Details: Tips for Achieving Excellence in Workplace Investigations This workshop will provide an overview of how to conduct a prompt,

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Beth West Presents a Half-Day Workshop – Navigate Employee Leave Laws

Sacramento Business Journal reports that, “Post and fellow shareholder Beth West will present a half-day workshop on the topic Wednesday. Sponsored by the Sacramento Employer Advisory Council in partnership with the state Employment Development Department,

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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.

Read More

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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How to Become Nancy Drew: Conducting An Effective Workplace Investigation

Download: Flyer- How to Become Nancy Drew. Conducting an Effective Workplace Investigation (1769806).PDF Summary of Webinar Join Weintraub Tobin employment attorney, Beth West, as she discusses the fundamentals of an effective workplace investigation.

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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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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 CEAC Seminar: The Importance of Conducting an HR Audit Before You Get Audited

Download: Beth West_Speaking Engagement.pdf Join Weintraub Tobin’s attorney Beth West who will be speaking at the South Placer EAC’s seminar on Tuesday, March 18, 2014. The Topic: The Importance of Conducting an HR Audit Before You Get Audited Time: 12:00 p.m.

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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: Healthcare Reform, The Law & Wellness: It’s Still Crunch Time

Labor & Employment attorney Beth West will speak at this SACTO workshop, which will equip you with the resources, tools, and knowledge you need to get your business ready for a healthier,

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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

Upcoming CEAC Seminar: Labor Law, Hiring and Firing, and Conflict Management

Download: labor law hiring and firing and conflict management 6-21-13__Final.pdf The Yuba Sutter Colusa Employer Advisory Council in partnership with the Employment Development Department will present the seminar, "Labor Law, Hiring and Firing,

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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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June 12 Breakfast Meeting – The “Disabled” Employee: What Laws Apply and a Perspective From the EDD

Register Now! June 12 Breakfast Meeting The "Disabled" Employee: What Laws Apply and a Helpful Perspective From the EDD As most employers well know, responding to the needs of an injured or ill employee is not always an easy thing to do.

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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 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,

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Upcoming Sacramento Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws

Download: April Webinar.pdf Summary of ProgramEmployers 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 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.

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SEAC’s Half-Day Conference: “The Nuts, Bolts and Secrets to Wage and Hour Compliance”

Download: DE_8133_Sacramento_04-11-13FINAL.pdf The Sacramento Employer Advisory Council in partnership with the Employment Development Department present: "The Nuts, Bolts, and Secrets to Wage and Hour Compliance" conference on Thursday, April 11th from 7:30 a.m.

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Beth West Presenting Sexual Harassment Prevention Training

Download: Preliminary Harassment Prevention Flyer 2013.pdf The Allied Associations are hosting a Sexual Harassment Prevention Training seminar on Wednesday, April 17, 2013. This training fulfills the requirement of AB1825 which requires employers of 50 or more to provide two hours of training to all new supervisory employees within six months of hire and all supervisors every two years.

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Upcoming ADA Seminar: Defense Strategies and Attorney Fee Awards

Download: ADCADABrochure2013.pdf ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v. Lee Join us at this year’s "ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v.

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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.

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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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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: Employers: Your Supervisor Did What? A Workshop on How Best to Train Supervisors

Download: Employers Your Supervisor Did What.pdf The Sacramento Employer Advisory Council In Partnership with the Employment Development Department Present… Employers: Your Supervisor Did What? The Answer To This One Question Can Either Make Or Break An Employer’s Case!

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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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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.

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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.

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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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Join Weintraub attorney and SEAC Board Chair, Beth West, at the SEAC’s full-day fall seminar

Download: SEAC October 2011 Seminar Brochure.pdf Beth West, Board Chair of the Sacramento Employer’s Advisory Council, invites you to attend the SEAC’s all-day seminar, "From Twitter to Facebook: Avoiding The Risks of Today’s High-Tech Workplace,"

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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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Beth West to Present SEAC Teleseminar: “Mutual Wage Agreements”

Wednesday, September 14, 2011 12:00 PM – 12:30 PM FREE Lunchtime Teleconference Location: Teleconference – Dial 1-610-214-0100 Access Code: 341076# Payment Details:• Members: $0.00 in advance (By Sep 13) / $0.00 at the door • Non-Members: $0.00 in advance (By Sep 13) / $0.00 at the door The Topic:Mutual Wage Agreements.

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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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35 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 35 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

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California Governor Newsom Issues Statewide Stay at Home Order

On March 19, 2020 Governor Newsom issued a statewide stay at home Order that will remain in place until further notice. To view or download a copy of Executive Order 33-20,

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Lizbeth “Beth” West Interviewed in the Southern California Recorder Regarding AB 5

Lizbeth (Beth) West was recently interviewed about the impact of California Assembly Bill (AB) 5 on California businesses and workers.  AB 5 went into effect on January 1, 2020 and has caused many companies,

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California Leave Law: A Practical Guide for Employers, now available in an updated seventh edition

We are pleased to announce the publication of the seventh edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) West, and published by Matthew Bender/LexisNexis.

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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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Lizbeth West Joins Hope Cooperative Board of Directors

Weintraub is pleased to announce that Lizbeth “Beth” V. West has joined the Board of Directors of the non-profit organization Hope Cooperative. Hope Cooperative (formerly TLCS), provides mental health and supportive housing services for Sacramento County residents with mental health challenges,

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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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California Leave Law: A Practical Guide for Employers, now available in an updated sixth edition

We are pleased to announce the publication of the sixth edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) West, and published by Matthew Bender/LexisNexis.

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Weintraub Tobin Shareholder Lizbeth West to speak at Family Business Forum – Rise to Leadership in the Family Business

Lizbeth will discuss the still hot “Me Too” topic and how it impacts family business. For more info, please visit the Capital Region Family Business Center Family Business Forum | Fall 2018 here: https://capfamilybus.org/events/fall-2018-family-business-forum/

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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.

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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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Lizbeth “Beth” West Appointed to the Yolo County CASB

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Attorney Beth West Testifies Before the California Legislature

Weintraub Tobin Shareholder, Beth West, shared her expertise and testified before the California Legislature’s Subcommittee on Sexual Harassment Prevention and Response on February 15, 2018. The hearing focused on the legal issues surrounding sexual harassment and Ms.

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Untangling the Complex Web of Leaves and Absences: FMLA/CFRA, PDL, ADA, FEHA, PFL, and Workers’ Compensation

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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Neutral Services: We Help You Connect the Pieces

The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation;

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Neutral Services: Workplace Investigations

The Labor & Employment attorneys at Weintraub Tobin specialize in conducting independent investigations into complaints of misconduct in the workplace. At Weintraub Tobin, we take pride in the top-notch investigations conducted by our experienced group of attorney-investigators. 

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Neutral Services: Training

The Labor & Employment attorneys at Weintraub Tobin specialize in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.  For more information,

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2018 Employment Law Landscape Update

UPDATE:  In-person registration full for both the January 9 and 10 sessions being held in Sacramento.  Webinar registration is still available.  To register for the webinar, please RSVP to [email protected] Seminar Program: 9:00 a.m.

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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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We are pleased to announce the publication of the fifth edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) West, and published by Matthew Bender/LexisNexis

Book Highlights: A summary of the law and tips on how to navigate the complex issues surrounding family leave, military leave, pregnancy disability leave, and other statutory leaves, as well as workers compensation and reasonable accommodation absences.

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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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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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Neutral Services: Mediation

The Labor & Employment attorneys at Weintraub Tobin specialize in Mediating employment disputes both pre and post litigation. Employment disputes are some of the most contentious and aggressively litigated cases in federal and state courts.

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Fourth Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) V. West

Fourth Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) V. West, and published by Matthew Bender (LexisNexis), now available. Book Highlights: A full explanation of federal and state leave laws.

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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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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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Neutral Services: We Help You Connect The Pieces

The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation;

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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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Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law,

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Third Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth West

Third Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth West, and published by Matthew Bender (LexisNexis), now available. Book Highlights: Key revisions to California’s CFRA regulations explained.

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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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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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Shareholder Lizbeth (“Beth”) West Quoted in LXBN Article

Shareholder, Lizbeth (“Beth”) West, and her recent blog post was quoted in the LXBN article “The Supreme Court’s Abercrombie Decision: Unsurprising, a Little Unclear” which discussed the long-awaited U.S. Supreme Court ruling in EEOC v.

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Local Attorney Named Fellow of Litigation Counsel of America

By Bea Karnes (Patch Staff) A Sacramento attorney has been chosen for membership in an exclusive trial lawyer honorary society limited to 4,000 Fellows, representing less than one-half of one percent of American lawyers.

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Lizbeth West Named Fellow of Litigation Counsel of America

SACRAMENTO (March 4, 2015) – Weintraub Tobin is pleased to announce that Shareholder Lizbeth (“Beth”) West has been selected as a Fellow of the Litigation Counsel of America (LCA). The LCA is an exclusive trial lawyer honorary society limited to 4,000 Fellows,

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The Dish on Paid Time Off: How Will a New Requirement to Offer PTO Impact Local Employers?

By Lucia Ruiz, Comstock’s Magazine   New legislation mandates California businesses to provide paid sick days to employees who do not already have access to paid time off. The Healthy Workplaces,

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2014 “California Leave Law: A Practical Guide for Employers” Co-authored by Partner Lizbeth West

LexisNexis Releases 2014 Edition 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 laws in California.

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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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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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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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Beth West interviewed on the Mark Montgomery Show, AM 1380 KTKZ

Listen as shareholder, Beth West, discusses with Mark Montgomery on AM 1380 KTKZ the challenges California employers face every day as they try to comply with the complex employment laws that govern their workplace.

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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 Lawyers Win Appeal

Download: Porter v. Winter Legal Alert.pdf Weintraub lawyers Charles L. Post and Lizbeth V. West win appeal before the Ninth Circuit re: Title VII harassment and retaliation subject matter and attorneys fees.

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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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9th Circuit Agrees Litigant is Vexatious

Download: 9th Circuit Agrees Litigant is Vexatious (1031934).PDF 9th Circuit Agrees Litigant Is Vexatious The San Francisco Daily Journal April 8, 2008By John Roemer, Daily Journal Staff Writer Shareholder LizBeth West is quoted in this article about the 9th Circuit Court of Appeals affirmation of the Los Angeles District Court judge’s decision to declare Jarek Molski a vexatious litigant.

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Weintraub Genshlea Chediak Elects Three Shareholders

Download: DeAngelis Kent and West Shareholder Press Release.pdf FOR IMMEDIATE RELEASE SACRAMENTO, Calif., February 26, 2007 – The Sacramento based law firm of Weintraub Genshlea Chediak, a business law and business litigation firm,

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The U.S. Supreme Court Has Decided: LGBTQ Employees are Entitled to Protections under Title VII

In the midst of the COVID-19 pandemic, an economic crisis that is predicted to be as bad as the great depression, and unrest over racial inequality and police brutality that is giving birth to a global movement for social change,

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The DFEH’s Free On-Line Sexual Harassment Prevention Training For Non-Supervisors is FINALLY Available

On May 20, 2020, the California Department of Fair Employment and Housing (DFEH) announced that it has finally launched free anti-sexual harassment training for non-supervisory employees. The online training, which is available through DFEH’s website – https://www.dfeh.ca.gov/shpt/ – will meet an employer’s obligation to provide training to non-supervisory employees by January 1,

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California Continues to Work With Counties for the Slow Re-Opening of the State

This is a follow up to our previous blog regarding California’s gradual entry into Stage 2 of the State’s re-opening plan – termed the “Resilience Roadmap.”  As Governor Newsom announced on Tuesday,

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Governor Newsom Announces the Gradual Beginning of Stage 2 of California’s Re-Opening Plan

On May 7, 2020, Governor Newsom announced the plan to gradually move into Stage 2 of the State’s Re-opening Plan beginning May 8, 2020.  In addition to the Governor’s announcement in his press conference,

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Finally – SBA Guidance on an Employer’s PPP Loan Forgiveness When Employees Refuse to Return to Work  

On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act.  Among other things, the updated FAQs finally addressed this issue:  What happens to an employer’s ability to have its PPP loan forgiven if employees refuse to return from layoff and thus an employer cannot meet the required full-time employee ratio in connection with the required 75% expenditure of loan proceeds on “payroll costs” during the 8-week Coverage Period?

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EEOC Updates its Guidance & FAQs Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws  

The EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace.  The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees;

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The IRS FAQs Provide Guidance on Employee Documentation/Information to Support FFCRA Leave

On March 31, 2020, the IRS issued 66 FAQs providing guidance to employers in connection with the payment of, and tax credits for, emergency paid sick leave (E-PSL) and emergency FMLA leave (E-FMLA) under the Families First Coronavirus Response Act (“FFCRA”). 

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Governor’s Newsom’s Statewide Order is in Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?

As our earlier post on March 19, 2020 announced, Governor Newsom issued Executive Order N-33-20 ordering all residents to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors as defined by the federal Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”).

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California Governor Newsom Issues Statewide Stay at Home Order

On March 19, 2020 Governor Newsom issued a statewide stay at home Order that will remain in place until further notice. To view or download a copy of Executive Order 33-20,

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New Laws that Will Significantly Impact the Litigation of Employment Disputes

The October 13, 2019 deadline for Governor Newsom to take his final actions in the 2019 legislative season has come and gone and as expected, he signed into law a number of employment-related bills.

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The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action

On September 12, 2019, the California Supreme Court issued its decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”).  In analyzing whether the Plaintiff’s lawsuit could be compelled to binding arbitration under the arbitration agreement she entered into with her employer,

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Will Assembly Bill 5 – and the Answer to the Question of … What Test Applies When Classifying Independent Contractors … Make it to the Governor’s Desk this Year?

If you’re like me – and thousands of other attorneys, business owners, and individuals in California – you’ve probably been following the progress of Assembly Bill (“AB”) 5 and holding your breath and wondering with anticipation if Governor Newsom will sign the Bill if it makes it to his desk. 

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New DFEH Notice and Certification Related to Medical Leaves and Parental Leaves under California Law

California employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued two new documents that are relevant to the administration of an employee’s leave under these laws.

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Neutral Services 2019: A New Year that Brings New Training Obligations

  The Labor and Employment Law Blog While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment,

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Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v.  AMN Services, LLC  (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system.

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Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

Well September 30, 2018 has come and gone.  As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term. 

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To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills

The September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk.

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Good News Employers – There are Now Some Answers to Your Questions About the Recent Law Prohibiting Use of Prior Salary History

On July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 – codified in Labor Code section 432.3).

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California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment

Under California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or slander.

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GOOD NEWS EMPLOYERS – The U.S. Supreme Court Says You Can Require Class Action Waivers In Your Arbitration Agreements

On May 21, 2018, the United States Supreme Court issued its much anticipated decision in Epic Systems Corp. v. Lewis. In a 5-4 decision written by the newest jurist, Justice Gorsuch,

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Neutral Services: We Help You Connect the Pieces

The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation;

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State-Wide BAN THE BOX Law No More Criminal Conviction Questions on Employment Applications

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”).  The new law puts in place some protections for those individuals with criminal backgrounds seeking employment.  The new law will be contained in Section 12952 of the California Government Code.

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No More Questions About, Or Use Of, Prior Salary Information In Employment

On October 12, 2017, Governor Brown signed Assembly Bill 168.  Consistent with some other state laws and local ordinances passed by certain municipalities like San Francisco, the new law prohibits the inquiry and use of prior salary information except in limited situations. 

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ATTENTION EEO-1 EMPLOYERS –YOU DON’T HAVE TO REPORT PAY DATA TO THE EEOC IN MARCH 2018 AFTER ALL

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness of those aspects of the EEO-1 form that were revised on September 29,

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San Francisco Adopts the “Parity in Pay” Ordinance – No More Inquiries About or Disclosures of Prior Salary

On July 19, 2017 Mayor Lee signed the Parity in Pay Ordinance.   Below is a brief summary of the Ordinance which will go into effect on July 1, 2018. The Ordinance provides findings from the 2015 United States Census Bureau report that show that in San Francisco women are paid on average 84 cents for every dollar a man makes.

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Revised Form I-9 Issued by the USCIS

On July 17, 2017, the United States Citizenship and Immigration Service (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification. Instructions for how to download Form I-9 are available on the USCIS Form I-9 page.

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DON’T FORGET…….California’s Transgender Identity and Expression Regulations Go Into Effect July 1, 2017

The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017.  As California employers know, FEHA prohibits harassment and discrimination against individuals on the basis of many protected classes,

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Colorado Payroll Information May Become Public Record

On April 13, 2017, Governor John Hickenlooper approved Colorado House Bill 17-1021 (“HB 17-1021”) which amends Section 8-1-115 of the Colorado Revised Statutes.  In summary, HB 17-1021 provides that the information an employer provides to the Colorado Department of Labor and Employment (“CDLE”) in connection with complaints and investigations into violations of the State’s wage and hour laws can be treated as a public record and released to the public pursuant to the Colorado Open Records Act,

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Washington Raises Minimum Wage And Provides Paid Sick Leave

In November 2016, Washington voters approved Initiative Measure No. 1433 (“IM 1433”) which provides for an incremental increase to the state minimum wage as of January 1, 2017 and also provides for paid sick leave benefits beginning January 1,

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Neutral Services: Mediation

The Labor & Employment attorneys at Weintraub Tobin specialize in Mediating employment disputes both pre and post litigation. Employment disputes are some of the most contentious and aggressively litigated cases in federal and state courts.

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Arizona’s New Independent Contractor Declaration Law

On August 6, 2016, the Arizona State Legislature enacted the “Declaration of Independent Business Status” law (“DIBS”). The DIBS added Chapter 10 to Title 23 of the Arizona Revised Statutes (Arizona’s “Labor” statute).

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Top Reasons to Mediate Employment Disputes

As an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation.  Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which federal and state laws and court rules mandate the process (and often the outcome),

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EEOC Issues Guidance on National Origin Discrimination

Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on National Origin Discrimination last week. 

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California’s New Law Restricts Choice of Law and Forum Selection Provisions in Employment Agreements

On September 25, 2016, Governor Brown approved a very short but powerful piece of legislation for California employees who work for employers who are based outside of California and wish to have another state’s laws govern the employment relationship.

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California Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain Employees

On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces,

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Illinois’ “Child Bereavement Leave Act”

On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child.

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Beware – Reporting Wage & Hour Violations Just Got Easier

The California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’ alleged labor law violations.

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Georgia Protects Small Businesses From Joint Employer Liability

On May 3, 2016 the Governor of Georgia signed Senate Bill (SB) 277 to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated.  SB 277 is a very brief and succinct bill that adds the following Section 34-1-9 to Title 34: “Notwithstanding any order issued by the federal government or any agreement entered into with the federal government by a franchisor or a franchisee,

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The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016

On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA),

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OSHA’s Fact Sheet Providing Guidance to Employers To Protect Workers from Exposure to the Zika Virus

OSHA’s Fact Sheet providing guidance for protecting workers from occupational exposure to the Zika virus explains that the Zika virus is primarily spread through the bites of infected mosquitoes and that mosquitoes can become infected when they bite infected persons and then spread the Zika virus to other persons they subsequently bite.

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DOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your Workplace

In July 2016, the federal Department of Labor (DOL) updated two posters that employers are required to post in the workplace. The “Employee Rights under the Fair Labor Standards Act” poster;

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Neutral Services: We Help You Connect The Pieces

The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation;

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OSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor (DOL) adjusted penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).

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The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”

The EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v.

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OFCCP Issues New Rule Regarding Sex Discrimination For Federal Contractors

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced publication of a Final Rule in the Federal Register that sets forth the requirements that covered contractors must meet under the provisions of Executive Order 11246 prohibiting sex discrimination in employment.

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Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law,

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THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”). 

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Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law

On April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program.

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There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit

On October 14, 2015, the California Second District Court of Appeal held in Sharif v. Mehusa, Inc.  that both the employee and the employer can be deemed “prevailing party” for purposes of recovering attorneys’ fees under the Labor Code. 

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Labor Commissioner’s First Opinion Letter On California’s New Paid Sick Leave Law

On August 7, 2015, the California Labor Commissioner issued its first opinion letter on one discrete issue under the California Health Workplaces Healthy Families Act which requires employers to provide paid sick leave to employees. 

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The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle the case following the U.S.

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Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim. 

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The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families Act

The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers.  Below is a brief summary of two bills recently signed by the Governor – one that amends the new mandatory sick leave law,

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The U.S. Supreme Court Has Spoken – The 14th Amendment Requires States to Recognize Same Sex Marriage

In a 5-4 decision authored by Justice Kennedy and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, the United State Supreme Court issued a landmark decision in Obergefell at al. v.

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OSHA Has Issued its Best Practices Guidelines Entitled “A Guide to Restroom Access for Transgender Workers”

By: Lizbeth (“Beth”) V. West At a time when the world is reading about Bruce Jenner’s gender transition to Caitlyn Jenner, the federal Occupational Safety and Health Association (OSHA) has issued its best practices guidelines regarding providing restroom access for transgender employees.

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Supreme Court Issues its Decision in EEOC v. Abercrombie & Fitch Stores Answering the Question: When Does an Employer Have to Accommodate an Applicant’s Religious Practices?

by Lizbeth (“Beth”) V. West Abercrombie & Fitch (AF) refused to hire Samantha Elauf, a practicing Muslim, on the basis that the headscarf she wore during her interview conflicted with AF’s “Look Policy” which prohibits employees from wearing “caps” (a term that the Policy did not define).

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U.S. Supreme Court Issues Decision in Young v. UPS

By Beth West The United State Supreme Court issued its much anticipated decision in the case of Young v. UPS on March 24, 2015.  As of now, Young’s pregnancy discrimination claim remains alive and well.

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Victory for Employers…. The U.S. Supreme Court Holds that Employees are Not Entitled to Compensation for Time Spent Going Through Employer’s Security Screening

By Beth V. West The United States Supreme Court issued its decision in Integrity Staffing Solutions, Ins. v. Busk on December 9, 2014 and reversed the Ninth Circuit Court of Appeal in a much awaited wage and hour decision concerning the issue of “compensable time” under the federal Fair Labor Standards Act (“FLSA”).

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Emailing an FMLA Notice to an Employee May Not Be Sufficient

By: Beth V. West You may recall my post on August 8, 2014 about the Lupyan v. Corinthian Colleges, Inc. case in which the Third Circuit Court of Appeals reversed a summary judgment in favor of the employer when the employee claimed she never received an FMLA designation letter that her employer claims it mailed to her via first class mail.  

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Correction to Blog Post Entitled “Governor Brown Signs Paid Sick Leave Bill Into Law”

By Beth V. West While Governor Brown hailed the Legislature on August 30, 2014 for its passage of the new Healthy Workplaces, Healthy Families Act” (Assembly Bill 1522) our prior post was incorrect when it stated that he signed the new bill into law on August 30th. 

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Does an Employer Meet its Obligations Under the FMLA by Sending an FMLA Designation Notice to an Employee via First Class Mail? Not Always

By Beth V. West In Lupyan v. Corinthian Colleges, Inc., a FMLA interference lawsuit, the Third Circuit Court of Appeals reversed a summary judgment in favor of the employer when the employee claimed she never received an FMLA designation letter that her employer claims it mailed to her.

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EEOC Issues Updated Guidance Regarding Pregnant Employees Discusses Employer’s Obligation to Accommodate and Not Discriminate

By Beth V. West On July 14, 2014 the EEOC issued its updated “Enforcement Guidance on Pregnancy Discrimination and Related Issues” (“Guidance”). The stated purpose of the Guidance is to provide information regarding the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”) as they apply to pregnant employees.

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Remember Minimum Wage Increases on July 1, 2014 And So Does Your Weekly Salary Obligation for White Collar Exempt Employees

By Beth V. West On July 1, 2014, California’s minimum hourly wage will increase from $8.00 to $9.00 per hour. The minimum wage will increase again on January 1, 2016 to $10.00 per hour.

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So You Think Your Employees Aren’t Protected Whistleblowers Under The Sarbanes-Oxley Act Because You’re Not A Publicly-Traded Company? Think Again!

By Beth V. West Section 1514A of the Sarbanes-Oxley Act states that: “No [public] company . . . , or any officer, employee, contractor, subcontractor, or agent of such company, may discharge,

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FMLA Win for Employers – Employees Can Affirmatively Decline FMLA Leave & Thus FMLA Protections

By Beth V. West On February 25, 2014, the Ninth Circuit Court of Appeals issued its decision in Escriba v. Foster Poultry Farms, Inc., holding that employees who affirmatively decline to take FMLA leave do not have the protections of FMLA.

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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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Employers are NOT Required to Post the NLRB Notice Advising Employees of Their Rights to Organize

By Beth West On January 6, 2014, the National Labor Relations Board (NLRB) announced that it has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule,

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Changes to California’s Wage Garnishment Law

On September 23, 2012 Governor Brown signed Assembly Bill (AB) 1775 which makes changes to California’s Wage Garnishment Law. Existing law requires a levy of execution upon the earnings of a judgment debtor to be made by service of an earnings withholding order upon the debtor’s employer.

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Do Your Employment Policies Violate the National Labor Reactions Act?

On September 7, 2012, the National Labor Relations Board (NLRB) issued an opinion in Costco Wholesale Corp. v. NLRB. The case is an important one for all employers (regardless of whether their employees are union or non-union).

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New California Law Restricts How Long Attorneys Can Question Witnesses in Civil Depositions

Gov. Brown signed AB 1875 on September 17, 2012. The new law essentially brings California civil procedure in line with federal civil procedure and, absent an exception or some other relief by the court,

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“Inside Sales Exemption” – Are Commissions Calculated When Earned or When Paid?

The Ninth Circuit has referred the Peabody v. Time Warner Cable case to the California Supreme Court to answer this question. Under the commissioned salesperson exemption, or the “inside sales exemption” in Wage Orders 4 and 7 (ONLY) an employee is exempt from overtime if his or her earnings: 1) exceed one and one-half times the minimum wage;

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Is Leave An Accommodation If It Is Unclear If The Employee Will Be Able To do The Job In The Future?

Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902 The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.” Some of those included functions like performing drug screenings,

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Employers Beware – The Crackdown Continues

In my November 4, 2011 post, I discussed a new California law (Labor Code § 226.8) that imposes serious monetary fines and other sanctions against those who willfully misclassify workers as “independent contractors” rather than “employees.” Those who violate the law can find themselves paying up to $15,000 per violation and up to $25,000 if there is a pattern and practice of misclassification.

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Attention Employers – Your OSHA Form 300a Annual Summary Must be Posted by February 1, 2012

The employment lawyers at Weintraub Genshlea Chediak Tobin & Tobin (WGCT&T) want to remind all employers that their OSHA 300a Annual Summary Report must be posted in the workplace by February 1,

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CA Dept. of Labor Standards Enforcement (DLSE) Has Issued Its Model Notice to Employees Under AB 469

In October 2011, Governor Brown signed AB 469 – the “California Wage Theft Prevention Act of 2011” (the “Act”). The Act created Labor Code section 2810.5(a) which, as of January 1,

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Non-Union Employers Beware – You Are Likely Required To Post The NLRB’s New “Employee Rights” Poster

On August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”).

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When Can a Supervisor be Held Individually Liable for Discriminating an Employee on Military Status?

Most employers are aware of the federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) which is designed to protect those who serve in the armed forces from discrimination and retaliation.

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2012 Brings A Whole New Set Of Obligations And Challenges For California Employers

Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size.

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OSHA Issues New Directive Focused On Preventing Workplace Violence

Given the state of the economy and the desperation felt by many employees regarding the security of their job (and the anger felt by disgruntled former employees regarding the loss of their job),

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Governor Brown Signed Bill To Amend Organ and Bone Marrow Donation Leave Law

Last September, California’s previous governor (the “Governator;” oops I mean Governor Schwarzenegger) signed into law a new statutory leave entitlement for certain employees who are going to donate their bone marrow or an organ to another.

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Who Is Liable When an Employee of an Independent Contractor Is Injured Due to a Cal-OSHA Violation?

The California Supreme Court Confirms that Companies May Delegate Some Workplace Safety Obligations to Independent Contractors On August 22, 2011, the California Supreme Court issued its decision in Seabright Insurance Company v.

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LAW ALERT – Employers Beware: FMLA Paperwork May Give Employee Protected Leave…

Can an employee take FMLA leave for substance abuse? The FMLA regulations clearly state that: “FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider.

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LAW ALERT: Your Employees May Be Required To Have a Food Handlers Card By July 1, 2011

Before leaving office, Governor Schwarzenegger signed Senate Bill 602 which amended California’s Health and Safety Code to provide that, except in certain circumstances, all “food handlers” must obtain a food handler card on or before July 1,

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CORRECTED LAW ALERT: New Organ and Bone Marrow Donation Leave Law

On September 30, 2010, Governor Schwarzenegger signed into law the “Michelle Maykin Memorial Donation Protection Act” which adds another statutory leave entitlement to the California Labor Code. The new organ and bone marrow donation leave law provides for the following: The law applies to employers (persons,

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Don’t Miss the Oct. 8, 2010 Deadline to Post Your New “Notice to Employees–Injuries Caused By Work”

Pursuant to California Division of Workers’ Compensation (DWC) regulations, employers must post the new DWC 7 Notice adopted effective June 2010, no later than October 8, 2010. The DWC 7 form is the “Notice to Employees – Injuries Caused by Work.” This Notice provides employees with information on workers’

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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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LAW ALERT: Cobra Subsidy Extended Yet Again

President Obama signed H.R. 4851 into law on April 15, 2010. The new law amends the American Recovery and Reinvestment Act of 2009 (“ARRA”) yet again to extend the 65% COBRA premium assistance through May 31,

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LAW ALERT: COBRA Subsidy is Extended Again

On March 2, 2010, President Obama signed the Temporary Extension Act of 2010 (H.R. 4691) that, among other things, extends the eligibility period for the COBRA subsidy provided in the American Recovery and Reinvestment Act (ARRA) for an additional 30 days.

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LAW ALERT: $6.2 Million Settlement in EEOC Complaint Against Sears, Roebuck & Co.

Download: LAW ALERT – $6.2 Million Settlement in EEOC Complaint Against.PDF On February 5, 2010, the EEOC issued a press release announcing the court approval of a $6.2 million settlement of its lawsuit against Sears,

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LAW ALERT: Dept. of Labor Model Notices COBRA Susbidy Extension

Download: LAW ALERT – DOL Model Notices COBRA Susbidy Extension.pdf On January 19, 2010, the Department of Labor (“DOL”) issued model notices to help plan administrators and employers comply with COBRA notice requirements as dictated by the American Recovery and Reinvestment Act (“ARRA”),

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LAW ALERT: COBRA Subsidy Is Extended By President Obama

Download: Law Alert. COBRA Subsidy Extended.PDF President Obama signed the “Fiscal Year 2010 Defense Appropriations Act” (“DAA”) on December 21, 2009. The DAA provides two important changes to the COBRA subsidy that was established under the “American Recovery and Reinvestment Act of 2009” (“ARRA”) earlier this year.

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LAW ALERT: The COBRA Subsidy Will End November 30, 2009 For Some Beneficiaries

The sixty-five percent (65%) COBRA premium subsidy provided for in the American Recovery and Reinvestment Act of 2009 (ARRA) will come to an end on November 30, 2009 for some qualified beneficiaries.

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LAW ALERT: Is Your Company Ready for the November 21, 2009 Deadline under GINA?

Download: EEOC Notice (including GINA).PDF The Genetic Information Nondiscrimination Act (GINA) takes effect November 21, 2009. Among other things, GINA requires that employers post a notice informing employees that the employer does not discriminate on the basis of genetic information.

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LAW ALERT: The “2010 National Defense Authorization Act” Expands FMLA Military Leave Entitlements

Download: Law Alert.pdf On October 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647). The new law is expansive with over 500 pages of text.

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LAW ALERT: FTC Extends Enforcement Deadline for the “Red Flags” (Identity Theft) Rule Again

The FTC issued a news release on October 30, 2009 advising that at the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1,

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LAW ALERT: 9th Circuit Said Federal Computer Fraud and Abuse Act Not Violated

Download: 1055962.pdf In LVRC Holdings, LLC v. Brekka, et. al. (9/15/09), the Ninth Circuit Court of Appeals upheld the trial court’s summary judgment for defendants finding that defendant, Brekka, was “authorized” to use LVRC’s computers while he was employed,

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LAW ALERT: Age Must Be The “But For” Cause For Alleged Employment Discrimination

Download: Age Must Be the “But For” Cause.pdf In the recent case of Gross v. FBL Financial Services, Inc., the United States Supreme Court held that a plaintiff must prove that his/her age was the “but for” cause of the adverse employment action they claim was discriminatory (e.g.

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LAW ALERT: An Employer’s Dilemma: Disparate Treatment Versus Disparate Impact

Download: An Employer’s Dilemma.pdf The United States Supreme Court has issued its ruling in the Ricci, et. al. v. Destefano, et. al. case (referred to by the press as the “reverse” discrimination case that U.S.

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LAW ALERT: Can An Employee Release A Wage Claim? It Depends: Is There A Bona Fide Dispute?

Download: Can an Employee Release a Wage Claim.pdf Labor Code section 206.5 provides that “an employer shall not require the execution of a release of a claim or right on account of wages due,

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LAW ALERT: Employee Has No Right To Post-Termination Commissions

Download: Employee Has No Right to Post-Termination Commissions.pdf In Nein v. HostPro, Inc., a Court of Appeal held that the language of the employee’s employment agreement precluded him from recovering commissions following his termination of employment.

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LAW ALERT: Disability Access Claim Under Unruh Doesn’t Require Showing Intentional Discrimination

Download: A Disability Access Claim under the Unruh Act.pdf The California Supreme Court has finally settled the troubling issue of whether intentional discrimination must be shown to prove a disability access claim under the California Unruh Act.

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LAW ALERT: An Employee’s “Me Too” Evidence Can Prove Discrimination

Download: An Employee’s “Me Too” Evidence.pdf In Johnson v. United Cerebral Palsy/Spastic Children’s Foundation of Los Angeles and Ventura Counties, a California Court of Appeal has held that an employee can prove a case of discrimination by putting on evidence from other employees that claim that they too were subject to discrimination by the employer (“me too” evidence).

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LAW ALERT: FTC Extends Deadline To Comply With The “Red Flags” ID Theft Prevention Rule

The Federal Trade Commission (FTC) has just announced that it will delay enforcement of the identity theft "Red Flags Rule" (Rule) until August 1, 2009. The Rule was discussed previously in Weintraub Genshlea Chediak’s Law Alert Article: Deadline to Have Identity Theft Prevention program Prepared and Implemented is May 1,

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LAW ALERT: DOL Issues Opinion Letter Clarifying Employer’s Right To Enforce Call-In Policies

On January 6, 2009 the Department of Labor (DOL) issued Opinion Letter FMLA2009-1-A to respond to a request for clarification regarding employee notification procedures under the Family and Medical Leave Act (FMLA) as discussed in the DOL’s previous Wage and Hour Opinion Letter FMLA-101 (January 15,

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LAW ALERT: Deadline to Have Identity Theft Prevention Program Prepared and Implemented is May 1

Download: Legal Alert.pdf Pursuant to the Federal Trade Commission’s (“FTC”) Identity Theft Prevention Red Flags Rule (16 .C.F.R. § 681.2) which went into effect on January 1, 2008, all financial institutions and creditors must prepare and implement a written “Red Flags” Program by May 1,

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LAW ALERT: The IRS Provides Guidance On The New 65% COBRA Subsidy Obligation

Download: Legal Alert and Notice 2009-27.pdf The IRS has issued Notice 2009-27 which provides a thorough interpretation of Section 2001 of the American Recovery and Reinvestment Act of 2009 (“ARRA”) relating to premium assistance for COBRA continuation coverage.

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LAW ALERT: The DOL Issues Its Model COBRA Subsidy Notices

Download: Law Alert – DOL Model COBRA Subsidy Notices (1111263).PDF On March 19, 2009, the DOL released the following model notices in connection with the COBRA subsidy outlined in the American Recovery and Reinvestment Act of 2009 (“ARRA”): 1.

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LAW ALERT: The American Recovery and Reinvestment Act of 2009 and Its Impact on the Workplace

Download: March 12, 2009 Legal Alert (1106739).PDF On February 17, 2009 President Obama signed the American Recovery and Reinvestment Act of 2009 (“ARRA” or “Recovery Act”) which contains a number of entitlements and obligations affecting the workplace.

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LAW ALERT: Governor Approves Ground-Breaking Legislation Regarding Disability Access Lawsuits

Download: LEGAL ALERT. Disability Access Lawsuits (1072778).PDF Lizbeth V. West, Esq. and Anthony B. Daye, Esq. After years of defeated legislation involving disability access laws in California, Governor Schwarzenegger signed a very important piece of legislation on October 8,

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LAW ALERT: Brinker Decision Provides Clarity to Law Governing Meals and Rest Periods

Download: Legal Alert. Brinker Decision Provides Guidance (1055970).PDF NOTE: Since this article was posted, the California Supreme Court has accepted review of this case. ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ LEGAL ALERT: THE BRINKER DECISION PROVIDES SOME GUIDANCE FOR EMPLOYERS RE: COMPLYING WITH MEAL AND REST PERIOD OBLIGATIONS Lizbeth V.

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LEGAL Alert – Updating Employment Policies

Download: Legal Alert – Updating Employment Policies (1025969).pdf Updating Employment Policies Below is a Notice from the U.S. Department of Labor regarding the new Military Family Leave entitlement added to the Family Medical Leave Act (FMLA).

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LEGAL ALERT – New Leave Benefits for Military Families

Download: New Leave Benefits for Military Families under FMLA (1014194).PDF NEW LEAVE BENEFITS FOR MILITARY FAMILIES UNDER THE FEDERAL FAMILY MEDICAL LEAVE ACT (FMLA) Lizbeth V. West, Esq. Weintraub Genshlea Chediak Employers have been watching and waiting to see if the proposed amendments to the FMLA would become law and if so,

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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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