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.


Upcoming Webinar: FSMA Made Simple: Strategic & Tactical Approaches In Preparing For New Regulations

Attorneys Lee Smith and Alden Parker will present at an upcoming webinar: “FSMA Made Simple: Strategic and Tactical Approaches In Preparing for New Regulations” at 2 p.m. August 14.

After participating in this webinar, attendees will have knowledge of how to realistically analyze the effects of FSMA regulations on their operations and build an action plan of next steps for their company.

The Food Safety Modernization Act (FSMA) presents a daunting collection of both newly enforced and proposed regulations impacting food processors. While some of the regulations, are in effect now and must be carefully managed, other FSMA components like the Preventive Controls regulation are still in the proposal phase. Talking heads are advising us to go full-steam forward with implementing these regulations in processing operations, and there are FSMA products and services already being offered. Given this current situation, what is a practical and realistic strategy to minimize risk and regulatory action against your company, while controlling costs and running efficient operations?

During this webinar, we will address this dilemma by looking at strategic and tactical responses that can help us “wrap our arms” around the new FSMA regulations. We will briefly review the details of new requirements, and then jump into how to manage compliance at both a corporate and plant level. An important tool for analyzing the impact of these regulations and developing an action plan is gap assessment. Examples of how to conduct gap assessments for the whistle blower protection, records requirements, and preventive controls rules will be presented.

Webinar Agenda:

  • Overview of the Food Safety Modernization Act (FSMA) Regulations
    • Who does it apply to?
    • Why was it created?
    • What is now in effect that will impact my company and what is pending?
  • Currently Implemented FSMA FDA rules
    • Registration, Re-registration, Suspension of Registration
    • Inspection Frequencies and Record Access
    • Administrative Detention
    • Recall Authority
    • Fees: Recalls, Re-inspection
    • Whistleblower Provision
    • Imports
  • Proposed Regulations For Food Processors: Preventive Controls
  • Strategic Planning for FSMA Compliance
    • Executive and Management Team Roles
    • Controlling Risk for the Company
    • Developing a Road Map for Implementation
    • Gauging FSMA Impact on Company through Gap Assessment
    • Example GAP Assessments: Whistleblower Provision, Record Requirements, and Preventive Controls
  • Tactical Response to FSMA
    • Corporate Programs
    • Factory Systems
  • Best Practices and Pointers to Control Costs
    • What products and services are essential and legitimate for FSMA?
    • What really requires immediate implementation?
  • Building a FSMA Action Plan to Guide Our Next Steps
  • Questions and Answers Session

Who will benefit from this webinar:

  • Executive management team
  • Regulatory compliance managers
  • Executive Quality and Food Safety managers
  • Legal counsel
  • Plant manager
  • Quality Assurance Manager
  • Company owners
  • Food safety and HACCP Manager
  • Consultants

Presenter–Jeff Kronenberg
Jeff Kronenberg, M.S., is Extension Food Processing Specialist with the University of Idaho, School of Food Science. Over the past 30 years he has held positions in operations and corporate quality, productivity, food safety, HACCP, and health & safety with Frito-Lay, the J.R. Simplot Company, PowerBar, AIB International, and University of Idaho. Jeff has worked with numerous company and supplier processing operations in developing, training, and implementing quality, food safety and HACCP systems. Through his industry affiliations, Jeff has worked with, and audited, food manufacturing and distribution companies across the United States in the areas of product quality, food safety, and HACCP. Over the past 12 years, he has spearheaded the introduction of Lean Manufacturing to the food industry in Idaho. Jeff holds a Master’s Degree in Food Science and Microbiology from Cornell University. He holds HACCP certifications through the Association of Food and Drug Officials (Seafood HACCP Trainer), the American Society for Quality (HACCP Auditor), International HACCP Alliance, and Safe Quality Food Institute (SQF Consultant). Jeff also holds a Lean Knowledge Certificate from the Society of Manufacturing Engineers.
Presenter–Lee N. Smith, attorney
Lee is a shareholder of Weintraub Tobin in Sacramento and Fresno. His practice includes Prop 65 and Food Safety issues, land use regulation and development, environmental compliance, water law and litigation. Lee will address the FSMA record-keeping requirements.

Presenter–Alden J. Parker, attorney

Alden is a shareholder in the Labor and Employment Law and Litigation Sections at Weintraub Tobin Chediak Coleman Grodin. His employment practice includes defending employers in all areas of employment law. He has extensive experience defending against sexual harassment, discrimination, retaliation, and wage & hour class action litigation in both federal and state courts. Alden will address employment issues relating to FSMA including important whitsleblower regulations.

To register, visit the Food Seminar International Website.

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 [email protected] 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
[email protected]

Speaking Engagement: Prop. 8, DOMA, and Thoughts on Same-Sex Planning in CA

The United States Supreme Court recently issued its decisions in United States v. Windsor and Hollingsworth v. Perry, striking down the portion of the Defense of Marriage Act that prohibited federal recognition of same-sex marriages and rejecting the ballot proponents’ defense of California’s Proposition 8, respectively.

Weintraub Tobin attorneys Kay Brooks discussed the holdings in both of these cases at South Placer Estate Planning Council’s monthly meeting on August 20 at La Provence Restaurant. The attorneys noted what will and will not change for estate planners going forward. In addition, they offered suggestions for planning for same-sex couples and clients with gay or lesbian children, and presented a number issues that will still arise in the future, despite these recent cases.

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
[email protected]

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.

Upcoming LAVA DMG Event: A Conversation with Ethan Applen

Join us July 23!
Weintraub Tobin and LAVA Digital Media Group will host a conversation with Ethan Applen, the executive director of Media Camp, a Turner/Warner Brothers Initiative, on Tuesday, July 23th. The conversation will focus on the opportunities and challenges with owning a startup company and will include a demo pit with five startup companies.

Ethan leads Technology and Business Strategy within the Worldwide Corporate Anti-Piracy group at Media Camp and Warner Bros. He spearheads several internal- and external-facing innovation initiatives within Warner Bros., focusing on ways to fast-track new and disruptive business models and technologies to prototyping and implementation.

Ethan has nearly 20 years of experience in the technology and entertainment space, having worked at multiple start-ups including imeem, Realtor.com, and The Lightspan Partnership, as well as at Fox and Touchstone Television.

As part of the conversation, Ethan will introduce the inaugural class for Media Camp LA 2013, a twelve-week accelerator program for early-stage technology companies and entrepreneurs, focused on the media space, with an existing product. The inaugural class, including five startup companies, will have the opportunity to demo their products. The startup companies include:

Cinecore

Cinecore is a complete paperless project management solution for film and television productions. It keeps the entire cast and crew on schedule and organized with digital document distribution, digital file storage and location maps through an in-app Google maps interface. (www.cinecore.com)

Dealflicks

Dealflicks is yield management for movie tickets, which allows consumers to get the best value on movie tickets and concessions 24/7.

Kumbuya

Kumbuya is social commerce in the context of curated, community generated content.

Reelhouse

Reelhouse is an online video platform that provides filmmakers complete control to self-distribute content directly to their viewers. Filmmakers access the latest monetization, social and showcasing features which in turn engage viewers in what Reelhouse is setting as the new standard for online viewing experiences. (www.reelhouse.org)

Storytime Studios, Inc.

Storytime Studios, Inc.’s Skit! turns every iPad into a storytelling studio. It allows the user to bring anything to life, from pop culture icons to Facebook friends; creating stories is as simple as swiping a finger. Gestures give life to the creation, and the user’s voice provides the soundtrack. (www.skitapp.com)

About Media Camp

Media Camp, a Turner/Warner Bros. initiative, is a comprehensive accelerator program that educates entrepreneurs and enables them to build innovative media businesses. Key features of Media Camp include presentations and workshops focused on media technology, formal mentorship from media industry experts, community events and knowledge sharing, as well as direct investments including partnerships and vendor relationships.

“A conversation with Ethan Applen featuring a demo pit with five startups from the inaugural class of Media Camp LA 2013” takes place Tuesday, July 30 at ROC, 604 Arizona Street in Santa Monica. Weintraub Tobin attorney Scott Hervey will serve as the moderator. Enjoy a social hour from 6:30-7 p.m. followed by the discussion with Ethan and the demo pit. Register here.

Follow the event on Twitter: @weintraub_law
#wtdmg

SAPCC Executive Series IV: 12 Most Common Mistakes Small Employers Will Make

Download: Exec Series – August 2013.pdf

The Sacramento Asian Pacific Chamber of Commerce and Weintraub Tobin will host “Executive Series IV: 12 Most Common Mistakes Small Employers Make” on Wednesday, August 7th.

Labor and employment attorney Duyen T. Nguyen will explain how you can prevent against these common business mistakes:

1. Misclassification of Employees (exempt v. non-exempt)
2. Regular Rate
3. Vacation Policies
4. Injury Illness Prevention Plan (IIPP)
5. Sexual Harassment Training
6. Pregnancy Disability Leave
7. Meal/Rest Periods
8. Workers’ Compensation/Disability Discrimination
9. Reasonable Accommodations
10. Terminating Employees
11. Employee Handbook Mistakes
12. Employment Practices Liability Insurance

Date:

Wednesday, August 7, 2013

Time:

9 – 11:30 a.m.

Registration:

Members: Free
Non-members: $20

Register:

www.sacasiancc.org

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
[email protected]

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.