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.


Webinar: They Manage Your Workforce and They Can Get You Sued: The Importance of Training Managers and Supervisors to Comply with Employment Law

  • When: Aug 4, 2021

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.

Webinar: You May Not See Them, But They’re Still Working: Tips to Help Ensure Your Remote Workers are Still Complying with Employment Laws and Policies

  • When: Jun 30, 2021
  • Where: Webinar

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.

Virtual Training: Mandatory Sexual Harassment Prevention Training: Engaging and Effective Training for Non-Supervisors and/or Supervisors

  • When: Jun 10, 2021
  • Where: Virtual Training

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.

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.