Webinar – Don’t Rush the Interactive Process: Understanding the Do’s and Don’ts of Reasonable Accommodations Under the ADA and FEHA

  • When: Jun 2, 2021
  • Where: Webinar

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.

Webinar – The Leave Law Matrix Continues to Expand: Understanding Federal, State, and Local Leave Laws and How They Overlap and/or Differ

  • When: May 5, 2021
  • Where: Webinar

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.

Webinar: Every Employer’s Worst Nightmare: Class Action Wage & Hour and PAGA Claims – Learn How to Avoid Them

  • When: Apr 14, 2021
  • Where: Webinar

On April 14, 2021, Shauna Correia and Meagan Bainbridge of Weintraub Tobin’s Labor & Employment Group discussed the PAGA and class action cases that are trending, and provide practical guidance for employers to make adjustments to business practices and communications to reduce the risk of becoming a target.

Summary of Program:
California employers are constantly under scrutiny for compliance with employment laws, and even the most careful and compliant businesses can find their business practices subject to legal challenges. The biggest threat is not the individual employee seeking redress for a claim – it is an action brought as a Private Attorney General Act and/or class action on behalf of the employee and all of their current and former colleagues. It just takes one disgruntled employee (usually, a former employee) to do a keyword search on the internet and find one of dozens of “employee rights” lawyers offering to sue their employer, free of charge unless they win, on behalf of current and former employees. Employers can find themselves facing a cookie cutter complaint seeking penalties that easily reach six or seven figures, for alleged violations going back up to four years.

While compliance with the law ultimately will preclude liability, proving it can be costly, difficult, and often hinges on the quality of the employer’s records and documents. Even still, actual legal compliance may not prevent a lawsuit being filed claiming noncompliance.

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.

Virtual Event – Dealing with Complex FMLA and ADA Issues: A Legal Guide

  • When: May 25, 2021
  • Where: Virtual Event

Identify Patterns of Abuse, Discover Pertinent Case Law, Mitigate Litigation Risks and More

Join Meagan D. Bainbridge for this live webinar virtual event hosted by the National Business Institute (NBI) where FMLA and ADA issues will be discussed.

Summary:
From leave related to the COVID-19 pandemic to medical marijuana and disability discrimination, this advanced program teaches you how to tackle the top challenges facing HR personnel and attorneys today. Unearth practical guidance for addressing performance issues, determine when and how to ask for recertification of leave, identify general rules for reinstating employees and more. Get the knowledge you need to handle complicated situations with confidence – register today!

  • Stay informed of the latest legislative updates.
  • Analyze the interactions between workers’ comp laws, the ADA and the FMLA.
  • Examine tactics for handling substance abuse problems under the ADA and the FMLA.
  • Develop strategies for spotting FMLA abuse.
  • Uncover the do’s and don’ts of firing workers on leave.

Course Content:

  1. Case Law, Legislative Updates and Recent Trends
  2. Leave Considerations and COVID-19
  3. Understanding the Interplay of the FMLA, the ADA and Workers’ Comp Laws
  4. Best Practices for Accommodating Employees with Mental Health Conditions
  5. Handling Medical Marijuana and Substance Abuse Issues Under the FMLA and ADA
  6. Practical Guidance for Spotting and Preventing FMLA Abuse
  7. Thorny Process Issues and Management of Intermittent Leave
  8. Disciplining and Terminating Employees on Leave: Mitigating Litigation Risks
  9. Ethics

Date & Time:
Tuesday, May 25, 2021
7:00 AM – 2:00 PM PDT

CLE Credits:
CA CLE – 6.00
including – Ethics: 1.00

Registration:
There is a fee to register. For more information and to register, please click here.

Virtual Workshop – StartupSac Office Hours: Intellectual Property Control and Protection

  • When: Apr 20, 2021
  • Where: Virtual Event

Weintraub attorneys Josh H. Escovedo and Justin M. Borrowdale present a virtual workshop with StartupSac where they will focus on intellectual property control and protection for tech startups.

Summary:

How do you protect the great ideas that launched your tech startup? There’s more to it than filing a patent or registering a trademark. In this workshop, attorneys from Weintraub Tobin will cover intellectual property control and protection.

What we’ll cover:

  • Founder Intellectual Property
  • Independent Contractor Intellectual Property Issues
  • Employee Intellectual Property Issues
  • Protecting Startup Intellectual Property

Date & Time:
Tuesday, April 20, 2021
11:30 AM – 1:00 PM PDT

Registration:
Fee is $0-$8, please click here for more information and to register.

WEBINAR: The Impact of the American Rescue Plan on Business

  • When: Mar 23, 2021
  • Where: Webinar

The Biden Administration’s American Rescue Plan has been signed into law, bringing with it a flood of programs, initiatives, and COVID relief.

Summary:
On March 23, 2021, Weintraub Tobin partnered with BFBA and CVF Capital Partners to give an overview of the Plan, including investment, tax and legal implications. CVF Capital Partners managing partner Jose Blanco moderated the program, featuring presentations from Ben Brown of BFBA, Ed McNulty of CVF Capital Partners, and Weintraub attorneys Chris Chediak and Jim Clarke.

To view the recording of this webinar, please contact us.

Webinar – Saying It’s So, Doesn’t Make It So: Properly Analyzing Whether Your Exempt Employees Meet Exemption Requirements

  • When: Mar 24, 2021
  • Where: Webinar

Summary of Program
On March 24, 2021, Lukas Clary discussed the importance of correctly classifying employees as exempt or non-exempt is made clear by 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.

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.