UPDATE: California Supreme Court Says Settling Individual Labor Code Claims Does Not Kill PAGA Claims

The Labor & Employment Law Blog

Update as of March 12, 2020: The California Supreme Court reversed the court of appeal, meaning that settling individual claims no longer prevents an employee from having standing to bring a PAGA claim. Because the settlement agreement in Kim explicitly excluded PAGA claims, it remains unclear whether a plaintiff who settles an individual lawsuit would be precluded from later filing a PAGA making the same allegations. The Supreme Court refused to say whether the primary precedent on this point was correctly decided.

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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. 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. He also regularly counsels clients on compliance and litigation avoidance strategies.

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Ruling in Lawsuit Over Fox’s Use of “Empire” Extends Permitted Use of Third-Party Trademarks

by Scott M. Hervey
The IP Law Blog

Did you ever wonder why some movies use fictional names for companies or sports teams? TV and movie producers intentionally avoid using brand or company names in order to avoid any potential of an entanglement with a trademark owner.  Some studio lawyers insist that no third-party brands may be used under any circumstances without permission (I have had these discussions).  How do they explain that other producers, including the producers of HBO’s series, “Ballers”, use the actual names and logos of NFL teams within the show’s story without NFL permission? 

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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. – 12:00 p.m. – Seminar

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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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, with regular updates and insights on changes to employment law.” Congratulations to all our wonderful attorneys for providing fresh interesting content!

View the full list here: http://blog.performyard.com/talent/top-10-hr-blogs-for-practical-advice-in-2018

Visit our L&E Law Blog here: https://www.thelelawblog.com/.

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DLSE Issues New Guidance on Rest Breaks – Is Your Handbook Up to Date?

by Meagan D. Bainbridge
The Labor & Employment Law Blog

The Division of Labor Standards Enforcement (“DLSE”) recently issued updated guidance regarding rest breaks that reverses its previous position, which permitted employers to require that employees stay on work premises during their rest periods. In this new guidance, the DLSE states that employers “cannot impose any restraints not inherent in the rest period requirement itself,” including forbidding employees to leave the premises. This guidance follows the California Supreme Court’s determination that rest breaks, like meal breaks,

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Los Angeles-based Entertainment attorney, Matt Sugarman announces latest deal

Weintraub Tobin Shareholder Matt Sugarman is excited to announce that Jon Shestack Productions and Madhouse Entertainment’s have negotiated the rights to produce John Scalzi’s Old Man’s War to develop as an original film. The novel is part of a six-book series and will be distributed by Netflix.

Congratulations to Jon Shestack Productions and Madhouse Entertainment. To read the full article, visit Deadline here: http://deadline.com/2017/12/netflix-old-mans-war-john-scalzi-sci-fi-novel-jon-shestack-madhouse-entertainment-1202221957/

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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.

Program Highlights

  • New Federal and State Legislation and Court Cases
  • Developments in Harassment, Discrimination and Retaliation Law
  • Leaves of Absence and Reasonable Accommodations
  • Wage and Hour Laws
  • Arbitration and Class Actions
  • NLRB

Date &

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