Lukas Clary

Shareholder

Experience

Lukas Clary is a shareholder in the firm’s Labor and Employment and Litigation practice groups and serves as the firm’s Marketing Shareholder. Lukas has experience representing clients in all aspects of employment litigation. He regularly handles claims involving allegations of workplace discrimination, harassment, retaliation, wrongful termination, unpaid overtime and wages, missed meal and rest periods, and class actions.

Lukas also regularly counsels employers on compliance and litigation avoidance strategies, including leave management and the interactive process associated with accommodating employees with disabilities. He also helps his clients craft employee handbooks and employment policies.

In addition to his employment law practice, Lukas has successfully litigated real estate and business disputes, copyright and trademark claims, and consumer claims. He has successfully prosecuted and defended cases in both state and federal courts, before administrative agencies, and through alternative dispute resolution. He has won cases at trial and through summary judgment, and has negotiated several favorable settlements for his clients. Through these experiences, he is able to quickly identify and execute a resolution strategy consistent with his clients’ goals.

A member of the Board of Directors for the California Restaurant Association’s Sacramento chapter, Lukas regularly represents restaurateurs and other hospitality employers in employment matters and with legal issues unique to the industry. His clients also include employers in the transportation and financial services industries, among others. Lukas is a frequent speaker for various organizations, including the Sacramento Area Human Resources Association and the Sacramento Employer Advisory Council.

Lukas received his Juris Doctor from the University of Michigan Law School and his Bachelor of Arts from the University of California, Davis. Lukas is a member of the State Bar of California and various local and national bar associations. He is admitted to practice before the United States Court of Appeals for the Ninth Circuit and all U.S. District Courts in California.

Affiliations & Awards

Sacramento Metro Chamber of Commerce, Leadership Sacramento Class of 2017
Member

California Restaurant Association, Sacramento Chapter
Board Member

California Restaurant Association, Sacramento Chapter
Education Committee Chair

California Restaurant Association, Sacramento Chapter
Government Affairs Committee Member

California Trucking Association
Legal Center Partner

Sacramento Professional Advisors Network
Member

Gordon D. Schaber Mock Trial & Moot Court Competition
Volunteer Judge

California State Bar, Labor and Employment Law Sections
Member

Sacramento County Bar Association
Member

El Dorado County Bar Association
Member

Meritas, Sacramento
Member

Sacramento Area Human Resources Association (SAHRA)
legal team, chair of Legislative Advocacy Committee

Sacramento Business Journal’s 40 Under 40, 2019

Northern California Super Lawyers, 2020

Northern California Super Lawyers, Rising Star, 2016-2019

Sacramento Magazine’s Top Lawyers List, 2017-2018, 2020 – Class Action/Mass Torts

Education

J.D., University of Michigan Law School, 2007

B.A., University of California, Davis, 2002

Presentations

Webinar – The Leave Law Matrix Continues to Expand: Understanding Federal, State, and Local Leave Laws and How They Overlap and/or Differ

Summary of Program Administering leaves of absence in California has never been easy. An employer has to first understand which statutory leaves apply to its workplace, then ensure that it not only has proper policies in place,

Webinar – Saying It’s So, Doesn’t Make It So: Properly Analyzing Whether Your Exempt Employees Meet Exemption Requirements

Summary of Program On March 24, 2021, Lukas Clary and Zack Thompson discuss the importance of correctly classifying employees as exempt or non-exempt is made clear by the ever-increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime and the increasing number of wage and hour class action lawsuits.

Webinar: Now You Know Your ABC’s – Or Do You? The Controversial and Evolving World of Independent Contractor Classifications

Summary of Program Lizbeth (“Beth”) West and Lukas Clary Weintraub Tobin’s Labor & Employment Group discuss the serious risks involved in misclassifying a worker as an independent contractor rather than an employee.

WEBINAR: Employment Law Update 2020/2021 – Part I & Part II

Summary of Program Our Labor & Employment Group presents our annual Employment Law Update where they discuss important legal developments from 2020 and review a number of new employment laws and relevant court cases impacting employers in 202 Program Highlights – Part 1 of 2 This part will focus on: Class Actions Independent Contractors Status Wage and Hour Obligations Specific to Non-Exempt Employees Wage and Hour Obligations Specific to Exempt Employees This seminar was presented and recorded on January 6,

Now Available! Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training Schedule

Weintraub Tobin’s 2021 Labor and Employment Virtual 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,

WEBINAR: Get Ready for 2021 – An Overview of New California Legislation

Lizbeth (“Beth”) West, Shauna Correia, Lukas Clary, and Ryan Abernethy of Weintraub Tobin’s Labor & Employment Group provided an overview of California legislation that employers must be aware of as they go into 2021.

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

On August 13, 2020 Weintraub attorneys Lukas Clary, Katie Collins and Zack Thompson discussed the nuts and bolts of wage and hour compliance for non-exempt employees in California. Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers.

Webinar: Staffing Your Restaurant for Reopening

Attorneys Lukas Clary and Shauna Correia are presenting a webinar hosted by the California Restaurant Association to help restaurant owners prepare for reopening. As restaurants look forward to how their businesses will operate with limited service or hours,

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.

Webinar: CRA Presents Small Business Provisions of CARES Act

Weintraub attorneys Jim Clarke, Lukas Clary, Aman Badyal, and Andy McCarthy presented for the California Restaurant Association (CRA) webinar Small Business Provisions of CARES Act, discussing aspects of the Act most likely to provide immediate cash flow to small and medium-sized businesses,

Webinar: Employing in the Age of COVID-19: What Employers Need To Know

In the wake of the COVID-19 pandemic, employers are facing extraordinary challenges. This webinar addresses the most common questions employers are currently asking, as they attempt to provide a safe and secure workplace, while maintaining compliance with California and federal law.

Salary Equals Exempt Right? Wrong! Determining Exempt Status

Summary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits,

Employment Law 2019/2020 – A Year in Review; A Year Ahead (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

Employment Law 2019/2020 – A Year in Review; A Year Ahead

Due to high demand, we have scheduled this second session to accommodate additional attendees. Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

Employment Law 2019/2020 – A Year in Review; A Year Ahead

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

Top 10 Things Employers Do (or Don’t Do) to Get Sued

Summary of Program Managing employees in California is not easy, and the state’s many employment laws are complicated and confusing. Learn how to protect your organization by avoiding some of the most common mistakes that lead to employee lawsuits.

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.

Exempt Status: More Than Just a Salary

Summary of Program With the ever-increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits,

2019 Employment Law Update in San Francisco

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and State Legislation and Court Cases • Developments in Harassment,

2019 Employment Law Update – Sacramento

Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws

Summary of Program Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner 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.

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”

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,

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.

“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.

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,

“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.

Sands Through the Hour Glass: Wage and Hour Update

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

Even Keanu Can’t Figure It Out: The Leave Law Matrix

Guardians at the Gate: Properly Trained Managers are Your First Line of Defense

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

Conducting Effective Workplace Investigations

Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigate Selecting the right investigator Recognizing your own biases Conducting effective witness interviews Writing the investigation report Seminar Program 8:30 am –

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2016 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private,

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Lawful supervisory responses to complaints of harassment in the workplace Strategies to prevent harassment in the workplace Training on prevention of “abusive conduct”

To Tweet or Not to Tweet? The Constantly Developing Landscape of Social Media in the Workplace

Summary of Program Companies and their employees widely use social media in their daily business activities. These networking sites are used by employees to communicate with one another as well as current and potential customers.

A Healthy Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence

Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand. This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining compliance.

Lukas Clary in The Sacramento Bee: A COVID Vaccine is On The Way. Will Employers Require Their Workers Get The Shot?

Sacramento Bee reporter Darrell Smith spoke with labor and employment attorney Lukas Clary for his article on the coming COVID vaccines and whether employers might require their workers to get vaccinated.

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

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

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

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

Lukas Clary Named 40 Under 40 by Sacramento Business Journal

SACRAMENTO, CA (October 8, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Lukas Clary has been named a 2019 40 Under 40 honoree by the Sacramento Business Journal.

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,

Lukas Clary in Stateline: Dynamex Decision Impact Continues to Unfold

Gig Economy Workers Gain Security, But at What Cost? by Scott Rodd, Stateline SACRAMENTO, Calif. — It started with installing some red and green LED lights. Then came the disco balls,

Weintraub Represents Sacramento Restaurateur in Dispute with National Restaurant Chain

Weintraub litigators were in the news this week as their client, local restaurant owner Jared Katzenbarger, filed suit against Dickey’s Barbecue Restaurants, Inc. The lawsuit is in response to Dickey’s demand that Mr.

24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

Weintraub Tobin Shareholder Lukas Clary to speak at California Restaurant Association’s Sacramento Chapter June Educational Seminar

Webinar ” Let’s Talk About Wage & Pay in the Restaurant Industry”. Topics include: Wage & Pay Dependency, Tip Pooling, Service Charges, Surcharge and Minimum Wage Tuesday, June 26th – Sacramento Wednesday,

Weintraub Tobin Shareholder Lukas Clary to speak at SAHRA May 2018 Legal Series on Demystifying the Accommodation Process for Disabled Employees

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

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

Weintraub Tobin elevates Lukas Clary to Shareholder

SACRAMENTO – Weintraub Tobin is pleased to announce that Lukas Clary has been elevated to Shareholder. Lukas is a member of the firm’s Labor and Employment practice group. Lukas has experience representing clients in all aspects of employment litigation.

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.

Weintraub Tobin’s L&E Blog recognized as “Top 10 HR Blogs for Practical Advice in 2018” By PerformYard

Weintraub Tobin’s Labor & Employment Law Blog has been recognized in PerformYard‘s “Top 10 HR Blogs for Practical Advice in 2018”. The L&E blog “provides an incredible service for HR professionals,

Save The Date: Weintraub Tobin’s Employment Law Update

Tuesday, January 9, 2018 | Sacramento, CA (Session 1) Wednesday, January 10, 2018 | Sacramento, CA (Session 2) Wednesday, January 10, 2018 | San Francisco, CA Additional information and details for each session will be available December 8,

21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.

36 Weintraub Tobin Attorneys Named Among 2017 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California, and San Diego lists of outstanding attorneys for 2017, on which 36 Weintraub Tobin attorneys have been included. Six Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer.

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.

Weintraub Tobin is proud to have sponsored the 36th Annual California Restaurant Association – Sacramento Chapter’s “Rock N’ Roll” Golf Tournament

Weintraub Tobin is proud to have sponsored the 36th Annual California Restaurant Association – Sacramento Chapter’s “Rock N’ Roll” Golf Tournament on July 11th at the Granite Bay Country Club. A number of Weintraub’s Labor &

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

New California COVID-19 Supplemental Paid Sick Leave Law

On March 19, 2021, Governor Newsom signed legislation ensuring new supplemental paid sick leave (SPSL) for eligible workers impacted by the COVID-19 pandemic. The bill, SB 95, provides up to 80 hours of paid leave for employees who are forced to miss work for qualifying reasons.

Now Available! Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training Schedule

DOL Revises COVID-19 Sick Leave and Family and Medical Leave Rules Following Court Ruling

On September 11, 2020, the United States Department of Labor issued revised regulations governing the Families First Coronavirus Response Act (FFCRA). The regulations implement the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) provisions of the FFCRA.

Emergency Paid Sick Leave Now Available for Employees of Large Employers in California’s Food Supply Sector

In response to the COVID-19 pandemic, the federal government recently passed emergency legislation making up to two weeks of paid sick leave benefits available to employees who are forced to miss work for reasons relating to COVID-19.

DOL Issues Model Notice To Employees Of Rights Under Families First Coronavirus Response Act

In response to the COVID-19 pandemic, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FFCRA requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19.

Court Blocks Ban on Mandatory Arbitration Agreements in Employment

Mandatory arbitration agreements in California employment have been granted a stay of execution. For now. Earlier today, a federal judge in California issued a temporary restraining order enjoining enforcement of AB 51,

Employees Are Entitled to Reporting Time Pay if Required to Call In to Confirm Shifts

Figuring out how many employees to schedule each day can be an inexact science. Unexpected surges or lulls in customers, employee absences due to illness or emergencies, and various other circumstances can impact personnel needs.

Reverse Veil Piercing: A Judgment Against You Can Become a Judgment Against Your Company

It happens all the time. A hard fought lawsuit results in a satisfying judgment. Then it comes time to collect and it turns out the judgment is worth no more than the paper it’s written on.

Attorney’s Fees as Damages for Breach of Contract? A Jury Must Decide

Often times, contracts contain attorney’s fee provisions. These terms allow the prevailing party in any action to enforce the contract to recover its attorney’s fees. Under California Code of Civil Procedure section 1717,

No Recording Policy Violates The NLRA

It stands to reason that employers may not want employees recording conversations in the workplace. Recording conversations could discourage the free flow of open ideas. The recordings could also contain confidential or sensitive information that the employer does not want floating around the digital universe.

Arbitration Agreements Cannot Foreclose a Party’s Right to Seek Public Injunctive Relief under California’s Consumer Protection Laws

The California Supreme Court has struck back in its ongoing battle with the United States Supreme Court as to the enforceability of arbitration agreements in consumer contracts. On April 7, 2017,

Sexual Orientation Discrimination Not Recognized Under Title VII

Federal law has long prohibited discrimination based on a person’s sex. In recent years, several courts have held that discrimination based on failure to conform to a gender stereotype is a form of prohibited sex-based discrimination.

Emotional Distress Damages Allowed Under FLSA

Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act. In a December 19, 2016 opinion,

States And Congress Challenge New Overtime Rules

As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back.

Trucking Company Found In Violation Of WARN Act

Often times, when a company acquires another company, it does not wish to retain all of the other company’s employees. The employees who do not get brought on board often end up out of work.

DOL Updates the Minimum Salary for Exempt Employees

Are you sure you’re paying your exempt employees enough? Even if you are right now, you might not be come December 1, 2016. The U.S. Department of Labor unveiled today its long-awaited Final Rule updating the definitions of most types of exempt employees under federal law.

Pull up a Chair: California Supreme Court Weighs in on Suitable Seating

To sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer.

Employers Can Demand Departing Employees Repay Training Costs

Training new employees is expensive. That is particularly true when an employer offers to pay for an employee’s educational training. The benefits of doing so include a more educated and well-trained workforce,

California’s New Equal Pay Laws Promise to Bring More Litigation

Equal pay claims just got a lot tougher to defend in California. Last month, Governor Jerry Brown signed SB 358, a new law which aims to curb a statewide pay disparity between men and women.

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA.