Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.
Published: January 13, 2025
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Lizbeth (Beth) V. West
The Labor & Employment Law Blog
This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political matters” or “religious matters.” (See post here). As we indicated in the blog, it was anticipated that SB 399 would be challenged in the courts. Sure enough!
Published: January 9, 2025
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Lizbeth (Beth) V. West
The Labor & Employment Law Blog
If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024. For the most part, SB 399 has been described as a new “captive audience” law that prevents most, but not all, employers from taking any adverse action against an employee who declines to attend an employer-sponsored meeting in which the employer or its agents discuss “political matters” or “religious matters.” The law came about during a time of great political division in the US, and was aimed at protecting an employee’s right to hold their own political and religious views, and be free of intimidation by their employer.
Published: December 18, 2024
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Shauna N. Correia
The Labor & Employment Law Blog
In a recent presentation titled Legal & Compliance 2025: Workplace Safety and CalOSHA Requirements, Weintraub shareholder Shauna Correia provided essential updates on California workplace safety laws. The session highlighted new regulations on indoor heat exposure, workplace violence prevention plans, COVID-19 measures, and other safety initiatives to protect employees and ensure compliance.
Published: December 9, 2024
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Lizbeth (Beth) V. West
The Labor & Employment Law Blog
Under California law, employers are prohibited from making, adopting, or enforcing policies that prevent an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local, state, or federal regulation to, among others, a government or law enforcement agency. The law also prohibits employers from retaliating against an employee who makes such a disclosure.
Published: November 13, 2024
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Lukas Clary
The Labor & Employment Law Blog
In a recent presentation at the Central Valley Business Expo, Weintraub shareholder Lukas Clary highlighted key changes in California employment law that employers need to be aware of. The discussion covered critical legal updates, including new workplace violence prevention and indoor heat exposure requirements, as well as expanded definitions of harassment and retaliation and newly enacted legislation impacting employer practices.
Published: October 18, 2024
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Lizbeth (Beth) V. West
The Labor & Employment Law Blog
The California Department of Industrial Relations (“DIR”) recently issued some FAQs regarding how PAGA claims are administered following reform legislation. As you may know, the CA Legislature acted earlier this year to pass legislation to reform PAGA in order to avoid a vote by citizens this November on a ballot measure to repeal the PAGA statute.
Published: October 17, 2024
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Tomiwa Aina
The Labor & Employment Law Blog
Election season is upon us. This means your employees have already voted or will request leave to vote on election day. In California, employees who are eligible to vote in a statewide or national election may request leave to vote from their employers if the employees do not have enough time outside their working hours to vote. California employees are allowed to take as much time as needed to vote; but employers are only required to pay employees for up to two hours of voting leave. Any remaining leave time will be unpaid. In California, an employee may take voting leave at either the beginning or the end of their regular work shift, whichever will give the employee the most time to vote and the least amount of time away from work.
Published: October 8, 2024
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Ryan E. Abernethy
The Labor & Employment Law Blog
In a recent presentation at the SHRM Northern California 2024 Annual Conference, Weintraub shareholder Ryan Abernethy outlined significant updates in California employment law for employers to be aware of. The session addressed employment-related legal updates that recently took effect, including workplace violence prevention requirements, new indoor heat exposure regulations, and expansions in harassment and retaliation laws, as well as pending legislation that could have a crucial impact on employers. Recent changes to the Private Attorney General Act (PAGA) are not addressed herein but can be found here in one of our episodes of California Employment News.
Published: August 26, 2024
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Shauna N. Correia
The Labor & Employment Law Blog
If you have been following our podcast California Employment News, you know that the Federal Trade Commission issued a rule that would act as a comprehensive ban on non-compete agreements. The ban would have taken effect next month, and would have invalidated non-compete provisions in millions of existing agreements and would have precluded non-compete provisions in future agreements with employees, independent contractors, volunteers and other workers. It would have preempted the laws of the 46 states that already regulate noncompete. In a victory for employers and business owners nationwide who rely on some form of non-competition provision to protect their IP, the United States District Court for the Northern District of Texas invalidated the FTC rule in its ruling on August 20, 2024.
Published: July 22, 2024
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Lizbeth (Beth) V. West
The Labor & Employment Law Blog
In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the California Fair Employment and Housing Act (“FEHA”) to require, among other things, that a severance and release agreement contain a provision notifying the employee or former employee that they have the right to consult an attorney regarding the agreement. This notification under California law is separate and apart from the requirements under the federal Older Workers Benefit Protection Act (as part of the Age Discrimination in Employment Act) which also provides for such notice for employees over the age of 40.