Presentations

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.  But what about bullying?  What is it? Are employers responsible for preventing it? Is there a law against it? What should employers know and what should they do to avoid bullying in the workplace?

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On September 8, Weintraub Shareholder Matt Sugarman will present as part of the American Bar Association webinar Comic Book Law 101.

This panel will explore the comic book industry, its place in greater pop culture, and the key legal issues attorneys practicing in this area should know. Topics covered will include publishing contracts, option agreements, and intellectual property rights in the comic book industry.

For more information or to register, click here.

On September 1, 2021, Meagan Bainbridge hosted an informative webinar covering the lifespan of the employment relationship. She discussed applicable laws and best practices to help business owners, human resource professionals, and managers reduce the risk of liability when they interview, hire, discipline, and terminate employees.

Program Highlights

• Lawful and effective job postings, employment applications, and interview questions.
• Effective policies and documentation to help reduce liability.
• Tips for effective communication and conflict resolution.
• Best practices for a fair and meaningful disciplinary process.
• The benefits of training supervisors and the risks if you don’t.
• The risk of employer liability for retaliation.
• Wrongful termination claims stemming from at-will employment.
• Is there a legitimate non-discriminatory/retaliatory reason for the termination?
• Was it really a voluntary quit or would it more appropriately be termed a “constructive discharge?”

A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed as legal advice. We recommend that you speak to your professional advisors about the specifics of your business.

A supervisor’s action (or inaction) is often what results in liability for an employer. Not because the supervisor necessarily intends to expose an employer to legal liability but merely because the supervisor hasn’t been trained regarding the employer’s legal obligations in relation to its employees.

Employers are encouraged to train supervisors on various employment law topics, including but not limited to: harassment, discrimination, and retaliation; privacy rights; disability accommodations; leaves of absences; wage and hour requirements; and health and safety obligations. While a supervisor does not need to become an expert in human resources and employment law, a well-trained supervisor can be a valuable asset to help ensure an employer complies with the law.

On August 4, 2021, Weintraub Tobin shareholders Lizbeth “Beth” West and Lukas Clary hosted a webinar to discuss the best practices for training supervisors and reducing the potential for liability.

Program Highlights

• An overview of employment laws that impact the workplace and common mistakes supervisors make when they don’t understand those laws.
• Tips for effective communication between supervisors and employees, including how to give constructive performance feedback.
• The importance of consistent, objective, and timely discipline.
• Preventing and responding to harassment and other Equal Employment Opportunity complaints.
• Documentation: The good, the bad, and the ugly.

A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed as legal advice. We recommend that you speak to your professional advisors about the specifics of your business.

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.

Last year, COVID-19 forced many companies to make spur-of-the-moment telecommuting arrangements with their employees. With the end of the pandemic now on the horizon, many of those companies are looking to make telecommuting a more permanent feature of their normal business.

Program Highlights

Some of the topics to be addressed include:

• Tips to accurately track employee work time
• Meal and rest breaks—providing and recording them, and premium payments
• Business expense reimbursements—what must the company pay for?
• Ergonomic issues
• Workers compensation considerations
• Written telecommuting policies for exempt and non-exempt employees
• Other ways to verify employee compliance remotely

 You can view a recording of this webinar on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed as legal advice. We recommend that you speak to your professional advisors about the specifics of your business.

The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for non-supervisors and supervisors require that employers having five or more employees provide at least two hours of classroom or interactive training and at least one hour of classroom or interactive training and education to nonsupervisory employees within six months of their hire. Training must be provided every two years.

On June 10, 2021, the Labor & Employment Group at Weintraub Tobin presented a two hour effective interactive virtual training session that complied 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” in the workplace
• Training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation (Senate Bill 396)
• Practical and inter-active hypotheticals and examples to help illustrate what bullying, sexual harassment, discrimination, and retaliation can look like.

If you are an employer with 5 or more employees and have supervisors and nonsupervisory employees who have not yet been trained, you can plan for them to attend the next training on December 2, 2021, or contact us about a custom training for your workforce.

On June 2, 2021, Weintraub employment attorneys James Kachmar and Meagan Bainbridge presented an overview of the many accommodation laws that employers and HR professionals may have to address, such as who should be accommodated and how to engage in an interactive process to determine an appropriate accommodation, if any.

Most employers know that employees may need to be accommodated from time to time for various reasons under California and/or Federal law. It is important that employers understand these laws and comply with how the courts and various federal and state regulatory agencies interpret them, as well as learn what their rights and obligations are regarding: (1) engaging in the interactive process; and (2) providing reasonable accommodations. This has never been more true than in the current COVID-19 world we find ourselves.

Program Highlights

• Recent Developments in Accommodation Law
• How to Determine Who is Entitled to an Accommodation
• How to Engage in the Interactive Process and When to Initiate the Initial Discussion
• The Various Protected Classes and/or Activities Entitling an Employee to Accommodation (i.e., disability, religion, illiteracy, etc.)
• The Effect of COVID-19 on the Accommodation Process
• Service Animals in the Workplace
• How to Effectively Document the Accommodation Process

A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed as legal advice. We recommend that you speak to your professional advisors about the specifics of your business.

On May 5, 2021, Weintraub employment attorneys Lizbeth (“Beth”) West and Lukas Clary discussed the complex statutory and regulatory scheme of leave laws under federal and state law. They provided an overview of the laws, explained who is eligible and under what circumstances, and highlighted the particular rights and obligations for both employers and employees.

Administering leaves of absence in California has never been easy. An employer has to first understand which statutory leaves apply to its workplace, then ensure that it not only has proper policies in place but that it legally administers the various leaves. Unfortunately, based on recent legislation and some other regulatory developments, the obligation has gotten even harder.

Program Highlights

• A summary of federal and state statutory leave laws
• Including the BIG ONES like family medical leave, pregnancy disability leave, sick leave, and military leave; and
• The many others like organ/bone marrow donation leave, domestic violence/sexual assault victim leave, school appearance leave, school/childcare activities leave, civil air patrol leave, emergency personnel leave, and military spouse leave.
• The recent legislative expansion to the California Family Rights Act (“CFRA”).
• Overview of the temporary COVID-19 Supplemental Paid Sick Leave statute.
• The difference between “statutory leaves” and “wage replacement benefits.”
• A discussion of when and how the various laws can overlap.
• The importance of understanding employee eligibility and properly designating leaves of absence.
• Effective documentation for administering leaves and accommodations.

A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed as legal advice. We recommend that you speak to your professional advisors about the specifics of your business.

On April 14-16, 2021, The American Health Lawyers Association hosted the Health Care Transactions Conference Webinar. Weintraub attorney Jeanne Vance participated in the event and presented Sequencing Your Transaction Without Shutting Down Your Facility: Licensure, Certification, and Enrollment.

Jeanne L. Vance was selected on the faculty of two American Health Law Association conferences. Vance was a panelist for the program called “Hot Topics in Provider Enrollment: The Hot Topics Are Really Hot This Year” at the Medicare & Medicaid Payment Institute held March 24-26, 2021.

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