Ryan E. Abernethy

Senior Attorney


Experience

Ryan Abernethy is a senior attorney in the Firm’s Labor & Employment and Litigation practice groups. Ryan has successfully represented clients in all areas of employment law, including the defense of claims involving workplace discrimination, harassment, retaliation, wrongful termination, wage and hour issues, trade secrets infringements, and class actions.  He also regularly counsels clients regarding compliance, risk management, policy preparation, and training.

In addition to his employment law practice, Ryan has successfully litigated business, consumer, insurance, contractual, and personal injury disputes, among others. He has obtained defense verdicts in both state and federal courts at the trial and appellate levels. He has also obtained positive results for his clients through arbitration and administrative proceedings. He has negotiated many favorable settlements for his clients.

Before joining the Firm, Ryan was the senior associate in a Sacramento-based civil defense firm. He also practiced in the Labor & Employment department of a global employment-focused firm in San Francisco. Ryan received a Bachelor of Arts with Highest Honors from Arizona State University and his Juris Doctor from the University of California Hastings College of the Law. He is admitted to practice before all California courts, the United States Court of Appeals for the Ninth Circuit, and all U.S. District Courts.

Stanford Settlement Board of Directors
Vice President

State Bar of California, Labor & Employment Section
Member

Sacramento County Bar Association, Labor & Employment Law Section
Member

J. Reuben Clark Law Society
Member

CCHAT
Advisory Board Member

Sacramento Metro Chamber of Commerce, Leadership Sacramento Class of 2019

Awards

Northern California Super Lawyers, Rising Star, 2017 – 2021

Sacramento Magazine’s Top Lawyers List, 2021 – Labor and Employment

San Francisco Magazine’s Top Lawyers List, 2017 – Labor and Employment

J.D., University of California, Hastings College of the Law, San Francisco, 2009

B.A., summa cum laude, Arizona State University, 2006

Weintraub Attorneys Present at The Generations Family Business Conference

On May 12 and 13, The Capital Region Family Business Center hosted the Generations Family Business Conference in Sacramento. On day two of the event, Weintraub attorneys  Lizbeth (“Beth”) West, Meagan Bainbridge and Ryan Abernethy presented a case study relating to harassment or misconduct claims against family members in the workplace.

Read More

FEI Presentation: Return to Work Guidance for California Employers

On March 30, 2022, Labor & Employment attorney Ryan Abernethy presented the seminar titled Return to Work Guidance for California Employers for the Financial Executives International’s Sacramento Chapter. The presentation addressed common issues that employers now face as COVID-19 restrictions loosen,

Read More

Webinar: Employment Law Update 2022

On January 12, 2022, attorneys Lizbeth V. West, James Kachmar, Meagan D. Bainbridge, Brendan Begley, and Ryan Abernethy presented part two of a webinar discussing important legal developments from 2021 and reviewing a number of new laws and case law developments impacting employers in 2022.

Read More

Webinar: Avoiding the Bully Pulpit – Best Practices for Creating an Inclusive Workplace Free of Bullying and Intimidation

Federal and state OSHA laws require California employers to prevent and respond to violence in the workplace.  Federal and state EEO laws require California employers to prevent and respond to harassment and discrimination in the workplace. 

Read More

Webinar: You May Not See Them, But They’re Still Working: Tips to Help Ensure Your Remote Workers are Still Complying with Employment Laws and Policies

On June 30, 2021,  Ryan Abernethy presented this webinar addressing employment and labor code complications that telecommuting naturally presents and offering tips on how to ensure remote workers still comply with company policies.

Read More

Webinar – Living by the Clock: Understanding the Multitude of Wage and Hour Laws That Govern Non-Exempt Employees

On March 3, 2021, Ryan Abernethy and Shauna Correia of Weintraub Tobin’s Labor & Employment Group discussed the multitude of wage and hour laws that govern non-exempt employees. A recording of this webinar can be viewed on the Weintraub Tobin YouTube page.

Read More

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,

Read More

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,

Read More

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.

Read More

Webinar: Understanding & Navigating the Ever-Expanding Web of Leave Laws

Summary of Program On September 17, 2020 Weintraub attorneys Lizbeth (Beth) V. West and Ryan Abernethy provided an overview of various leave laws. Administering leaves of absence in California can be very challenging.  

Read More

Webinar: The Employment Law Issues Trustees, Conservators, and other Fiduciaries Face

On Tuesday, April 28, Weintraub attorney Ryan E. Abernethy is presenting a webinar hosted by the California Lawyers Association. Summary: In fulfilling their fiduciary obligations, trustees, conservators, and other fiduciaries are often thrust into situations where they are required to act as an employer.

Read More

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.

Read More

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

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

Read More

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

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

Read More

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

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

Read More

Mini Law School for HR Professionals

On Wednesday, November 20, Weintraub attorney Ryan Abernethy will speak at a National Business Institute (NBI) seminar titled Mini Law School for HR Professionals. Program Description A Comprehensive Primer on Labor and Employment Law As employment-related litigation rates continue to rise,

Read More

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.

Read More

2019 Employment Law Update – Sacramento

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

Read More

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

Mandatory AB 1825 Sexual Harassment Prevention Training   The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin 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”

Read More

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,

Read More

Ryan Abernethy Named Vice President of Stanford Settlement Board of Directors

Weintraub Tobin is pleased to announce that attorney Ryan Abernethy has been elected Vice President of the Board of Directors for the Stanford Settlement Neighborhood Center. Stanford Settlement is a Sacramento not-for-profit social service organization serving neighborhoods where opportunities are limited.

Read More

WT Wins: 9th Circuit Decision Broadens the “Ministerial Exception” in Lawsuits Brought Against Religious Employers

After obtaining summary judgment at the district court earlier this year in an employment lawsuit, Paul Gaspari, Daniel Zamora, and Ryan Abernethy prevailed in the 9th Circuit appeal to the dismissal.

Read More

26 Weintraub Tobin Attorneys Included in Sacramento Magazine’s Top Lawyers List 2021

Weintraub Tobin is pleased to announce that 26 of its attorneys have been recognized as 2021 Top Lawyers by Sacramento Magazine, including 8 attorneys recognized in multiple practices. Voting for Top Lawyers was managed by Professional Research Services and was open to all licensed attorneys in Sacramento.

Read More

35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

Read More

33 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 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition,

Read More

Ryan Abernethy in Super Lawyers Magazine: Prior Practice

Ryan Abernethy is featured in the 2019 issue of Northern California Super Lawyers Magazine. In a section called “Prior Practice” Ryan discusses his early career in animation and how he uses his creativity in his practice of law.

Read More

30 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California.  In addition,

Read More

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

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

Read More

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

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

Read More

Weintraub Tobin would like to welcome Ryan E. Abernethy to the firm

  Ryan Abernethy is an associate in the firm’s Labor and Employment practice group. Ryan has successfully represented clients in all areas of employment law including the defense of claims involving workplace discrimination,

Read More

The U.S. Supreme Court Stays Enforcement of OSHA’s Nationwide Vaccine Mandate Because It Exceeds OSHA’s Authority

As Lizbeth West and James Kachmar wrote in previous blogs, here and here, the 6th Circuit Court of Appeals vacated the stay of OSHA’s vaccine-or-test mandate that applies to employers with more than 100 employees.

Read More

Ninth Circuit Saves Most of California’s New Anti-Employment-Arbitration Law

On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51) is preempted by the Federal Arbitration Act (FAA).

Read More

Mandatory Vaccines in the Workplace? New EEOC Guidance Regarding What Employers Can Do

The FDA’s rollout of COVID-19 vaccinations has given hope to many employers that we may finally be witnessing the horizon of the pandemic. But this good news comes with a few side-effects,

Read More

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,

Read More

New California Laws Create Presumption of Workers’ Compensation Coverage for COVID-19 Infections and Impose Additional COVID-19 Exposure Reporting and Notice Requirements on Employers

California Gov. Gavin Newsom signed Executive Order N-62-20—way back on May 6, 2020—which created a presumption that employees’ COVID-19-related illnesses were caused at work and therefore covered by workers’ compensation. That order covered COVID-19 infections from March 19,

Read More

The CDC’s Updated Guidance Expedites the Time In-Home COVID-19 Patients Can Return to Work

The CDC has issued new guidance for in-home patients diagnosed with COVID-19, including lowering the number of days the patient must remain isolated after being fever-free. The CDC previously recommended that “at least 72 hours” pass since the last fever without the use of fever-reducing medication before ending self-isolation.

Read More

Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

  By: Ryan E. Abernethy In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims.

Read More

The California Supreme Court Makes It More Difficult to Classify Workers as Independent Contractors – Assumes all Workers are Employees

On April 30, 2018, the California Supreme Court applied an expansive definition of independent contractor in a ruling that is sure to have a dramatic impact on many California businesses, and the burgeoning gig economy in particular.

Read More