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.


Upcoming Speaking Engagement: Human Resource Law: What You Need To Know Now

Program Description

Weintraub attorney Charles L. Post will speak on the following topics:

  • “Is Your Employee Handbook Up to Date? Essential Components and Sample Policies for Today’s Workplace”
  • Wage and Benefit Issues

Stay up to date on the latest legislative changes and court decisions impacting your human resource practices! This essential course focuses on day-to-day issue spotting – covering current hot button issues and highlighting practical pointers to avoid and handle common problem areas. Experienced faculty will take you through the critical legal issues you need to know from hiring to firing – including wages and benefits, workplace privacy and safety, discrimination, and more. Don’t miss this opportunity to learn techniques from those with years in the field. Register today!

  • Stay up to date on the latest changes and cases in human resource law.
  • Understand the legal do’s and don’ts during the interview process, including background checks and drug testing, drafting employment contracts, and hiring independent contractors and immigrants.
  • Ensure overtime and employee leave policies are compliant with the law.
  • Learn appropriate methods for calculating and tracking FMLA time.
  • Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues.
  • Discuss the latest interpretations of “disability” under the Americans with Disabilities Act (ADA).
  • Prevent workplace safety violations by knowing safety regulations and record keeping requirements.
  • Know how to appropriately handle thorny employee behavior issues while ensuring privacy rights are upheld.
  • Set up proper discipline and firing procedures to avoid wrongful termination and retaliatory claims.

Who Should Attend

This basic-to-intermediate level seminar examines the current issues in human resource law for:

  • Attorneys
  • HR Directors
  • Risk Management Directors

Date: Wednesday, August 28, 2013

Time: 9 a.m. – 4:30 p.m.

Location: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento, CA 95815

For registration information, visit www.nbi-sems.com

Upcoming Speaking Engagement: Healthcare Reform, The Law & Wellness: It’s Still Crunch Time

Labor & Employment attorney Beth West will speak at this SACTO workshop, which will equip you with the resources, tools, and knowledge you need to get your business ready for a healthier, more productive, and compliant workplace. Learn more about the recent changes and new timeline for Healthcare Reform as well as successful wellness programs that have been implemented across companies of all sizes in the Sacramento Region.

Be Smart, Be Ready, Be Compliant

2015 will be here before you know it. It’s time to start preparing as we embark on a new era of healthcare opportunities. Please join us for a panel discussion that will ultimately save you time, money and energy in the future as we start to ask the questions:

Who:

Who is going to be impacted by Healthcare Reform?

What:

What will happen if you are compliant with the new regulations?

Why:

Why is Healthcare Reform beneficial?

Why are wellness programs becoming so popular?

Are they mandatory?

How:

How do I get compliant before 2015?

Panelists:

Insurance:
Liliana Salazar, Senior Vice President of Compliance, Wells Fargo Insurance Services and Vinny Catalano, Area Vice President,
Arthur J. Gallahger & Co., Inc.

Law:
Beth West, Shareholder, Weintraub Tobin Coleman Grodin Law Corporation

Tax:
Brian Conner, Partner, Moss Adams LLP

Wellness:
Alex Lara, President & Co-Owner, Thrive – Educate. Train. Inspire.

Event Details:

Tuesday, August 27, 2013
8:00 – 11:00 a.m.
24 Hour Fitness
1020 7th Street
Sacramento, CA

Healthy breakfast will be provided by Whole Foods.

Register Today!

No cost to attend. To register yourself or other employees of your company, contact Ashley Brown at SACTO at (916) 441-2144 or abrown@sacto.org by August 20, 2013.

Upcoming Seminar: Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Summary of Program
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, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain a more thorough understanding of the various exemptions available under California law and learn how to conduct an exemption analysis in order to reduce potential liability.

Program Highlights

  • A discussion of the exemptions available.
  • Checklists for determining if your employees are exempt.
  • How to conduct a self-audit to ensure that employees are properly classified.
  • What to do if your employees have been misclassified.

Seminar Program
9:00 a.m. Registration and Breakfast
9:30 a.m. – 11:30 a.m. Seminar
Approved for 2 hours MCLE credit; HRCI credits available upon request.
There is no charge for this seminar.

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

Upcoming Seminar: The Intricacies of Wage and Hour Laws for Non-Exempt Employees

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. Come join the Labor and Employment Group at Weintraub Tobin as they discuss the “Ins and Outs” of wage and hour compliance for “nonexempt” employees – there’s more to it than merely paying overtime and providing meal periods.
Some Program Highlights:

  • Actual hours worked” and problems with “off the clock” work –
    ○ 24/7 connectivity through computers and mobile devices may create compensation issues.
  • Is your overtime rate correct?
    ○ It depends on whether you’ve properly calculated the employee’s “regular rate.”
    ○ What is and is not included in the “regular rate?”
  • Are you “providing” a meal period to your employees?
    ○ If your answer is “No” because you have an “on duty” meal period agreement with your employees – Is it valid?
    ○ If your answer is “No” because the Brinker case says you don’t have to – You’ll be surprised to learn that this is not so.
  • “Flex-time,” “make-up time,” and “alternative work” schedules.
    ○ What’s legal and what’s not?
    ○ What are the courts saying – highlights of recent decisions regarding non-exempt wage and hour issues in California.

Seminar Program
9:00 a.m. Registration and Breakfast
9:30 a.m. – 11:30 a.m. Seminar
Approved for 2 hours MCLE credit; HRCI credits available upon request.

There is no charge for this seminar.

Location
Weintraub Tobin
400 Capitol Mall, 11th Floor
Sacramento, CA 95814

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

This seminar is also available via webinar. Please indicate in your RSVP if you will be attending via webinar.
If attending via webinar, MCLE and HRCI credits will be provided upon verification of attendance for the entirety of the webcast.

Parking validation provided. Please park in the Wells Fargo parking garage, entrances on 4th and 5th Streets.

Attorneys’ Fees For “Bad Faith” Trade Secret Claims: How Pre-Discovery Disclosures Can Help

A central issue in all trade secret litigation is the adequacy of a plaintiff’s pre-discovery disclosure of the alleged trade secrets required by California Code of Civil Procedure section 2019.210. Section 2019.210 provides that a plaintiff suing for misappropriation of trade secrets must identify the alleged trade secrets with “reasonable particularity” before commencing discovery. The disclosure requirements of section 2019.210 can also be a valuable tool for a successful defendant seeking attorneys’ fees under the California Uniform Trade Secrets Act (“CUTSA”) for trade secret misappropriation claims brought in “bad faith.” California Civil Code section 3426.4 authorizes the trial court to award attorneys’ fees as a deterrent to specious trade secret claims. (FLIR Systems, Inc. v. Parrish (2009) 174 Cal.App.4th 1270, 1275.) Compelling a plaintiff to disclose the alleged trade secrets with “reasonable particularity” can be the first step in proving “bad faith.”

The purpose of section 2019.210 has been outlined in Advanced Modular Sputtering, Inc. v. Superior Court (2005) 132 Cal.App.4th 826. (See also, Perlan Therapeutics v. Superior Court (2009) 178 Cal.App.4th 1333.) These four purposes include: (1) promoting well-investigated claims and discouraging the filing of meritless trade secret complaints; (2) preventing plaintiffs from abusing the discovery process to learn about defendants’ trade secrets; (3) framing the issues in order to place reasonable limitations on discovery from defendants; and (4) allowing defendants to formulate well-reasoned defenses and not have to wait until the eve of trial. (Advanced Modular, supra, 132 Cal.App.4th at 833-34.

The Perlan court analyzed what has been described as the “’ubiquitous’ problems of litigating the appropriate scope and timing of trade secret identification.” (Id. at 1344.) Plaintiffs rarely provide detailed descriptions of the alleged trade secrets without a court order. They do so for numerous reasons, some more legitimate than others. Plaintiffs do not want to be tied down early in the litigation in the hope of amending or refining their contentions as the litigation and discovery progress. Plaintiffs also have the legitimate concern that, in the event defendants did not successfully misappropriate all their trade secrets, a detailed description in the section 2019.210 statement might somehow be leaked to the public, thereby depriving plaintiffs of the economic value of the trade secret. Conversely, defendants are legitimately interested in tying a plaintiff down early in the litigation for numerous reasons – the first of which was acknowledged by the Court in Advanced Sputtering: “[to promote] well-investigated claims and discourage the filing of meritless trade secret complaints.” (Id. at 833-34.)

A defendant must establish that a plaintiff brought a trade secret misappropriation claim in “bad faith” to obtain an award of attorneys’ fees. The courts have determined that “bad faith” consists of both “objective speciousness of the plaintiff’s claim . . . and . . . subjective bad faith in bringing or maintaining the claim.” (Gemini Aluminum Corp. v California Custom Shapes, Inc. (2002) 95 Cal.App.4th 1249, 1262; see, also, FLIR Systems, supra, 174 Cal.App.4th at 1275.)

The disclosure requirements of section 2019.210 help define whether there was any merit to the claim. “Objective speciousness exists where the action superficially appears to have merit but there is a complete lack of evidence to support the claim.” (FLIR Systems, supra, 174 Cal.App.4th at 1276.) The standards of Code of Civil Procedure section 128.7, subdivision (b) do not apply. Section 128.7, subdivision (b) does not allow sanctions if the plaintiff can establish that, at the time of filing the complaint, there was a belief the allegations would have evidentiary support after a reasonable opportunity to conduct discovery. That is not the definition of “bad faith” under CUTSA.

Accordingly, the plaintiff, to avoid a finding of “bad faith” under CUTSA, must point to some evidence of trade secret misappropriation. It is simply not sufficient to show that the plaintiff believed that, at the time of filing the complaint, discovery would uncover some evidence of misappropriation. The initial disclosures under section 2019.210 help define the alleged secrets to which evidence of misappropriation must pertain.

Summer Seminar Series for Restaurants

Download: New Final.pdf

Leavitt Group and Weintraub Tobin will host a “Summer Seminar Series for Restaurants” where we will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives.

Whether it’s employer mandates, wage and hour class litigation or administrative actions, restaurant management has been hungry to learn more about issues that affect their business and their bottom line. This series will explore all of this and more.

Sessions

1st Session: Affordable Care Act – A Real World Look at Health Care Reform in the Restaurant Industry

Matthew Sears, CEBS, CMS
Executive Vice President, Leavitt Group

  • Brief discussion of the origins of the reform effort
  • Quick look at what’s already gone into effect
  • Upcoming provisions
  • Slower discussion of Employer Mandate (“Employer Shared Responsibility”)
  • Steps you should be taking now
  • Possible responses to the employer mandate (for groups that don’t currently offer coverage, or offer management carve out only)
  • Questions & Answers

2nd Session: Top 10 Issues Facing Employers in the Restaurant Industry

Alden Parker
Weintraub Tobin Law Corporation

  • Wage and hour and class action litigation
  • Discrimination/Harassment/Retaliation/Whistleblower litigation
  • Administrative actions (DLSE, DFEH, EEOC, EDD)
  • Trade secret and employee raiding litigation and counseling
  • Employment counseling, wage and hour advice counseling, and audits and litigation prevention•
  • ADA access cases, employee handbooks, leaves of absence, and union avoidance

3rd Session: Group Captive Alternatives

Joe Colaluca
Senior Vice President, Captive Resources, Inc.

  • Why join a group captive?
  • Greater control of underwriting, rates and forms (Workers’ Comp, GL, Auto)
  • Improved cash flow-profit share
  • Lower insurance costs
  • Superior Risk Management
  • Questions & Answers

Tuesday, July 30, 2013
Claremont Resort, Berkeley, CA
Wednesday, July 31, 2013
Sutter Club, Sacramento, CA

Program
7:30 am – 8:00 am Registration/Breakfast
8:00 am – 9:00 am 1st Session
9:15 am – 10:00 am 2nd Session
10:15 am – 11:30 am 3rd Session
11:30 am – 12:30 pm Light Lunch

Reserve your spot today!

Contact Lisa Patterson,
925.822.9156
Jenkins.RSVP@leavitt.com

Upcoming CEAC Seminar: Labor Law, Hiring and Firing, and Conflict Management

Download: labor law hiring and firing and conflict management 6-21-13__Final.pdf

The Yuba Sutter Colusa Employer Advisory Council in partnership with the Employment Development Department will present the seminar, “Labor Law, Hiring and Firing, and Conflict Management,” on Friday, June 21st from 8 a.m. to noon at Peachtree Golf & Country Club in Marysville, California.

Weintraub Tobin attorney Beth West will be the guest speaker at this seminar. She assists employers in all aspects of their employment relationship with their employees and defends employers in employment disputes. Beth is currently the chair of the Sacramento Employers Advisory Council (SEAC).

Topics include:

Labor Law

Even though less than 7 percent of the private sector workforce belongs to unions, the National Labor Relations Board (NLRB) seems committed to regaining relevance in the 21st century. This topic includes a discussion of how recent NLRB decisions affect the non-union workplace.

Hiring and Firing

From negligent hiring to wrongful termination claims – and much more in between. This topic includes proactive steps employers can take to reduce legal liability related to hiring and firing decisions.

Conflict Resolution

When conflicts go unaddressed they can have a negative impact on the work environment, employee productivity, and your bottom line. This topic includes tips to resolve conflict early and effectively.

Who Should Attend

  • Business owners
  • Employee benefits managers/staff
  • Human resource managers/staff
  • Managers/Supervisors

For more information on the seminar’s agenda or to register, download the seminar flyer above.

Space is limited. Must register by June 17, 2013.

L&E Webinar: OSHA Compliance: A Healthy and Safe Work Environment

Download: Flyer – OSHA Compliance. A Healthy and Safe Work Environment (1643744).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. This short
webinar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in your compliance.

Program Highlights:

  • Implement a compliant and effective Injury and Illness Prevention Plan (IIPP).
  • 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 if and when accidents occur.
  • Use effective preventive measures to keep your employees and customers safe from threats of workplace violence.
  • Recognize the warning signs that indicate an employee is capable of violence and how to respond.

Logistics

Thursday, July 18, 2013
12:00 p.m.—1:00 p.m.
Lunchtime Program
HRCI credits available upon successful completion and verification of attendance for duration of webinar.

There is no charge for this seminar.

RSVP

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

Information on registering and logging in to this webinar will be provided to you after you have RSVP’d and approximately one week prior to session.

This informative session will take place via webinar only.

WEBINAR: Tips When Hiring and Firing Employees

Download: Flyer – WEBINAR. Tips When Hiring and Firing Employees.PDF

Summary of Program

The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is pleased to offer this informative webinar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.

Program Highlights

  • Effective hiring practices.
  • What can you ask during an interview?
  • An employer’s right to discipline employees; is it limited?
  • Effective policies, training and documentation to reduce liability.
  • Beware of “Progressive Discipline”
  • 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?”

Lunchtime Program

12:00 p.m. – 1:00 p.m.
HRCI credits available upons successful completion and verification of attendance for duration of webinar.

There is no charge for this webinar

RSVP

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