Welcome to the Weintraub Tobin Resources Page

Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.


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.

Webinar Highlights

This informative webinar will cover the legal landscape of independent contractor status. Topics will include:

  • A summary of the various tests applied by federal and state agencies to determine independent contractor status;
  • A summary of the enforcement authority of various federal and state agencies and the sanctions they may impose on employers;
  • The due diligence employers must engage in before classifying a worker as an independent contractor;
  • The federal Department of Labor’s $25 million “Misclassification Initiative” designed to work closely with state agencies to investigate misclassifications and take enforcement action; and
  • California’s law imposing monetary and non-monetary sanctions against employers (and certain individuals) who willfully misclassify workers as independent contractors.

If you or your company is currently using independent contractors, this is a webinar you cannot afford to miss. Register today!

Webinar Program
9:30 a.m. – 11:00 a.m.

MCLE & HRCI credits available upon request. Certificates will be provided upon verification of attendance for the entirety of the webcast.

RSVP
Ramona Carrillo
400 Capitol Mall, 11th Fl.
Sacramento, CA 95814
916.558.6046
rcarrillo@weintraub.com

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. Lee seminar”, where Weintraub attorney Lizbeth West will be speaking as one of the panelist in regards to:

  • An overview of the Jankey v. Lee decision
  • Recent Federal and State Legislation
  • Establishing available affirmative defenses
  • Effective negotiations of settlement

Date:

Friday, February 22, 2013

Location:

Sutter Club Sacramento,

1220 Ninth Street

Sacramento, CA 95814

Time:

4:30-5:30 – Sessions

5:30-6:30 – Reception

Register Online at www.adcncn.org

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. This seminar is designed to 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.

Some of the topics to be discussed include:

  1. Discussion of the exemptions available in California and how to evaluate if your employees are exempt.
  2. Allowable reductions to an exempt employee’s pay.
  3. What constitutes “hours worked?”: It’s not always as simple as 9-5.
  4. How to calculate an employee’s “regular rate of pay” and “overtime premiums.”
  5. Complying with wage and hour record keeping requirements: timecards, paystubs, payroll records and more.

Thursday, September 22, 2011

9:00 a.m. — 12:00 p.m.

400 Capitol Mall, 11th Floor
Sacramento, CA 95814

8:30 a.m.
Registration and Breakfast

9:00 a.m. – 12:00 p.m.
Program
There is no charge for this seminar

Approved for 3 hours MCLE Credit; HRCI credits available upon request

RSVP:

Ramona Carrillo
Weintraub Genshlea Chediak
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Phone: 916.558.6046
Fax: 916.446.1611
rcarrillo@weintraub.com

Parking validation provided. Please park in the Wells Fargo parking garage.

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, medical condition or a condition present on property owned by the business and open to the public. It is important for business owners to understand and comply with how the courts and various federal and state regulatory agencies define accommodations, as well as learn what business owners’ rights and obligations are regarding: (1) engaging in the interactive process; (2) providing reasonable accommodations; and (3) removing barriers to access.

Program Highlights:

This informative seminar will cover the many accommodations business owners, employers and HR Professionals may be forced to consider, who should be accommodated, and how to engage in an interactive process to determine an appropriate accommodation. Topics will include:

  • How to Determine Who is Entitled to an Accommodation;
  • How to Engage in the Interactive Process and How to Know When to Initiate the Initial Discussion;
  • The Various Protected Classes and/or Activities Entitling an Employee to an Accommodation—including things like disability, religion, and illiteracy, to name a few;
  • Service Animals in the Workplace;
  • How to Effectively Document the Accommodation; and
  • Recent Developments in Accommodation Law.
  • A primer on Title II “Public Accommodation” Liability
  • Disabled Access Cases
    • ADA Mills Are Still Active
    • How Alterations to Your Property May Affect Your Obligations Under the ADA
    • It’s Not Just the ADA

Seminar Program

9:00 a.m. Registration and Breakfast
9:30 a.m. – 11:30 a.m. Seminar

This seminar is also available via webinar. Please indicate in your RSVP if you will be attending via webinar.

If attending via webinar, MCLE credit will be provided upon verification of attendance for the entirety of the webcast.

Approved for 2 hours MCLE credit. This program has been submitted to the HR Certification Institute for review.

There is no charge for this seminar.

RSVP

Ramona Carrillo

400 Capitol Mall, 11th Floor

Sacramento, CA 95814

916.558.6046 | rcarrillo@weintraub.com

View flyer here.

Panel Discussion: “How Has Digital Media Changed the Way We Interact With Food”

Join Us April 23!

Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: “How Has Digital Media Changed the Way We Interact with Food” on Tuesday, April 23.

Whether it’s finding a place to eat, sharing recommendations on your favorite dishes or ordering food online, investors have been hungry (sorry for the terrible pun) to invest in web and mobile-based food applications and platforms – aka food tech.

Over the last year, almost $350 million has been invested in Food Tech and deal activity to the burgeoning sector grew over 37% vs the prior year.

Panelists include:

“How Has Digital Media Changed the Way We Interact with Food” takes place Tuesday, April 23 at ROC, 604 Arizona Street in Santa Monica. Enjoy a social hour from 6:30-7 p.m. followed by the panel discussion and a Q and A session. Register here.

Follow the event on Twitter: @weintraub_law

#wtdmg

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, and managers avoid liability and effectively carry out disciplines and terminations.

Some of the topics to be discussed include:

  • An employer’s right to discipline employees; is it limited?
  • Effective policies, training and documentation to reduce liability.
  • Beware of “Progressive Discipline”policies.
  • Did the employee quit or was [s]he “constructively terminated?” (What does that mean?)
  • What type of conduct can constitute “retaliation” and under what law?
  • Who is a “whistleblower” and under what law?
  • Can an “at-will” employee be wrongfully terminated?
  • What constitutes “wrongful termination”?

Thursday, November 17, 2011

9:00 a.m. — 12:00 p.m.

400 Capitol Mall, 11th Floor
Sacramento, CA 95814

8:30 a.m.
Registration and Breakfast

9:00 a.m. – 12:00 p.m.
Program

There is no charge for this seminar

Approved for 3 hours MCLE Credit; HRCI credits available upon request

RSVP:

Ramona Carrillo
Weintraub Genshlea Chediak
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Phone: 916.558.6046
Fax: 916.446.1611
rcarrillo@weintraub.com

Parking validation provided. Please park in the Wells Fargo parking garage.

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. Employers often fall short of complying with provisions of Cal/OSHA simply because they are unaware that the law applies to them, or they fail to understand some nuance or technicality contained in the regulations. This short seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in managing your business’ compliance with these laws.

Some of the topics to be discussed include:

  • Implement a compliant and effective Injury and Illness Prevention Plan (IIPP).
  • Gain an understanding of Cal/OSHA’s latest general industry changes and know how to comply.
  • Avoid enormous Cal/OSHA fines and hassles by regularly assessing your organization’s IIPP, training your employees, and shoring up weaknesses in your safety practices.
  • Better understand what OSHA regulations apply to your industry so you won’t be caught off guard when accidents do occur.
  • Use effective preventive measures to keep you employees and customers safe from threats of workplace violence.
  • Recognize the warning signs that indicate an employee is capable of violence and know how to respond.

Wednesday, June 20, 2012

12:00 p.m. – 1:00 p.m. – WEBINAR

This informative session will take place via webinar only. Login details will be provided approximately one week prior to the webinar. Please RSVP.

There is no charge for this webinar

RSVP TO:

Ramona Carrillo
Email: rcarrillo@weintraub.com
Telephone: (916) 558-6046

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.

Weintraub Tobin Labor & Employment attorney Lizbeth West will speak at the seminar. Beth is an adjunct professor of law at McGeorge School of Law, speaks regularly on employment issues and is an experienced AB1825 trainer.

The Fair Employment and Housing Act defines “supervisor” broadly to include any individual having the authority to hire, transfer suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees.

When: Wednesday, April 17, 2013

Time: Two Sessions – Pick One (Limit 50-55 people per session)
9:00 a.m. – 11:00 a.m.
1:00 p.m. – 3:00 p.m

Where: UA Local 447 Pipefitters & Plumbers
8750 Younger Creek Dr.
Sacramento, CA

This is a complimentary seminar offered to all member employees. Attendees will be asked to sign in as proof of attendance. Employers will receive a list of all employees who completed the training for their files.

Please fill out the attached form and
email to:
claired@sacvalleyassoc.net or fax to: 916-475-1695

Registration Deadline – Friday, April 12, 2013

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, 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; and

· practical and inter-active hypotheticals and examples to help illustrate what sexual harassment, discrimination, and retaliation can look like.

If you are an employer with 50 or more employees, and have supervisors who have not yet been trained, this training is a must. We look forward to hearing from you and helping you comply with your continuing sexual harassment training obligations.

RSVP:

Ramona Carrillo
Weintraub Genshlea Chediak
400 Capitol Mall, 17th Floor (temporary location)
Sacramento, CA 95814
Phone: 916.558.6046
Fax: 916.446.1611
rcarrillo@weintraub.com

Parking validation provided. Please park in the Wells Fargo parking garage.

Thursday, June 23, 2011

9:00 a.m. — Registration and Breakfast
9:30 a.m. – 11:30 a.m. — Program

$50.00 per supervisor.