J.D., UC College of the Law, San Francisco, 2009
B.A., summa cum laude, Arizona State University, Phoenix, 2006
Ryan Abernethy is a shareholder at Weintraub and successfully represents businesses in a broad range of litigation and employment matters in California.
He is experienced in all areas of employment litigation, including the defense of claims involving workplace discrimination, harassment, retaliation, wrongful termination, wage and hour issues, trade secrets, and class actions. He also regularly counsels clients regarding compliance, risk management, policy preparation, and employee training.
In addition to his employment law practice, Ryan successfully litigates business, entertainment, intellectual property, and consumer class actions, among others. He has obtained defense verdicts in both state and federal courts at the trial and appellate levels, including one published opinion from the First Appellate District. He also regularly achieves positive results for his clients through arbitration and administrative proceedings, and—when possible—by negotiating favorable settlements for his clients.
Before joining the Firm, Ryan was the senior associate at a civil defense firm and also practiced in the Labor & Employment department of a global employment-focused firm. Ryan received a Bachelor of Arts with Highest Honors from Arizona State University and his Juris Doctor from the University of California Hastings College of the Law. He is admitted to practice before all California courts, the United States Court of Appeals for the Ninth Circuit, all U.S. District Courts, and the United States Supreme Court.
Weintraub Tobin is honored to announce that 47 of the Firm’s attorneys have been recognized in the 2026 Northern California Super Lawyers® and Rising Stars lists, an annual review recognizing outstanding attorneys in the region. The selection process includes peer nominations, independent research to evaluate candidates, and peer reviews. Super…
Weintraub Tobin is proud to share that 46 of the Firm’s attorneys have been honored in the 2026 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America™ (up from 41 attorneys last year). Of the 46 attorneys recognized, 11 have been recognized as Ones…
Weintraub Tobin hosted its internal mock trial on June 27, 2025. Designed to help associates refine their courtroom skills while under the expert supervision of more senior attorneys, the mock trial included key elements of real litigation. Over 30 participants joined from across all offices and ranks, including shareholders, associates,…
Weintraub Tobin is honored to announce that 47 of the Firm’s attorneys have been recognized in the 2025 Northern California Super Lawyers® and Rising Star lists, an annual review recognizing outstanding attorneys in the region. The selection process includes peer nominations, independent research to evaluate candidates, and peer reviews.…
In a recent appellate victory, Weintraub shareholders Paul Gaspari and Ryan Abernethy obtained a favorable opinion from the First Appellate District in defense of their client, a private school in the Bay Area. The school had been charged with class-action claims of fraud and unfair business practices under the Unfair…
Weintraub Tobin is honored to announce that 34 of its attorneys have been selected to the inaugural Sactown Magazine Top Lawyers 2024 list. Attorneys from Weintraub Tobin are recognized in over a dozen practice areas on this year’s list, including Real Estate, Employment & Labor, Business Litigation, and Estate Planning…
Weintraub Tobin is pleased to announce that 41 of its attorneys have been recognized in the 2025 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America. 32 Weintraub attorneys are included in the 2025 edition of The Best Lawyers in America, of which six…
Weintraub Tobin is pleased to announce that 45 of the Firm’s attorneys have been recognized on the 2024 Northern California Super Lawyers® and Rising Star lists. These lists, selected annually on a state-by-state basis, recognize outstanding attorneys who have attained a high degree of peer recognition and professional achievement in…
On May 6, 2024, Ryan Abernethy and Jacqueline Simonovich overwhelmingly prevailed in a case brought by two plaintiffs, who were asked to withdraw from a private religious high school after taking a photo that appeared to be “an overt act of racism.” Plaintiffs brought five causes of action, including breach…
Weintraub Tobin is pleased to announce that Ryan E. Abernethy and Justin M. Borrowdale have been named as shareholders in the law corporation. Ryan Abernethy successfully represents businesses in a broad range of litigation and employment matters. He is experienced in all areas of employment litigation, including the defense of…
On November 8, 2023, Paul Gaspari and Ryan Abernethy secured their third and final demurrer as to all causes of action in a consumer class action that was brought on behalf of all those who purchased services from our client since 2003. The court found that the complaint failed to…
Weintraub Tobin is pleased to announce that 31 of its attorneys have been selected to the 2023 Sacramento Magazine Top Lawyers list. Weintraub’s attorneys are recognized in various categories, including Business/Corporate law, Employment & Labor law, Estate Planning & Probate law, and Real Estate law. The complete roster of Weintraub…
On April 6, 2023, Paul Gaspari, Jackie Simonovich, and Ryan Abernethy won a Motion for Summary Judgment in its entirety in a case alleging discrimination due to a private school’s response to COVID-19. The Court granted summary judgment as to Plaintiffs’ four causes of action, including disability-based discrimination in violation…
On February 22, 2023, Ryan Abernethy secured a demurrer as to all causes of action in a consumer class action that was brought on behalf of all those who purchased services from our client. The court found that the complaint failed to articulate a cognizable theory of liability that could…
Weintraub Tobin is pleased to announce that 28 of its attorneys have been selected for inclusion in the Top Lawyers 2022 list from Sacramento Magazine. Ten of the listed Weintraub attorneys are recognized in multiple practice areas. The Top Lawyers list, featured each year by Sacramento Magazine, recognizes prominent attorneys in the…
In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss best practices for employers to keep non-exempt employees in meal and rest break compliance. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here.
Weintraub Tobin is pleased to announce that attorney Ryan Abernethy has been elected Vice President of the Board of Directors for the Stanford Settlement Neighborhood Center. Stanford Settlement is a Sacramento not-for-profit social service organization serving neighborhoods where opportunities are limited. The mission of the agency is to help build…
After obtaining summary judgment at the district court earlier this year in an employment lawsuit, Paul Gaspari, Daniel Zamora, and Ryan Abernethy prevailed in the 9th Circuit appeal to the dismissal. The 9th Circuit’s judgment sets favorable precedent for religious employers as it broadly applies the ministerial exception under the…
Weintraub Tobin is pleased to announce that 26 of its attorneys have been recognized as 2021 Top Lawyers by Sacramento Magazine, including 8 attorneys recognized in multiple practices. Voting for Top Lawyers was managed by Professional Research Services and was open to all licensed attorneys in Sacramento. Voters were asked…
Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…
Weintraub Tobin is pleased to announce that 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California. In addition, 5 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 20 percent of…
Ryan Abernethy is featured in the 2019 issue of Northern California Super Lawyers Magazine. In a section called “Prior Practice” Ryan discusses his early career in animation and how he uses his creativity in his practice of law. “Being a trial attorney is a bit of a performance that requires…
Weintraub Tobin is pleased to announce that more than 30 Weintraub Tobin attorneys have been included on the 2019 Super Lawyers and Rising Star lists for outstanding attorneys Northern California. In addition, 6 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Attorneys selected to the…
Weintraub Tobin’s Labor & Employment Law Blog has been recognized in PerformYard’s “Top 10 HR Blogs for Practical Advice in 2018”. The L&E blog “provides an incredible service for HR professionals, with regular updates and insights on changes to employment law.” Congratulations to all our wonderful attorneys for providing fresh interesting…
On Thursday, April 9th, Weintraub shareholder Meagan Bainbridge and Ryan Abernethy will present “Relatively Speaking: What Every Family Business Needs to Know About Employment Law” to members of the Capitol Region Family Business Center. The seminar will be guided by questions submitted by members, providing attendees with practical insights on…
California recently passed Senate Bill 617 which requires additional information to be provided in Cal-WARN Act notices issued on or after January 1, 2026. As a brief background, there are federal and state laws which discuss the issue of notice owed to employees before large layoffs. The Federal law is…
In a recent presentation at the SHRM Northern California 2024 Annual Conference, Weintraub shareholder Ryan Abernethy outlined significant updates in California employment law for employers to be aware of. The session addressed employment-related legal updates that recently took effect, including workplace violence prevention requirements, new indoor heat exposure regulations, and…
Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in 2019. As we discussed in our California Employment News episode at that time (available here on YouTube,…
California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This will impact the type of records employers can lawfully rely upon for hiring decisions after conducting…
As Lizbeth West and James Kachmar wrote in previous blogs, here and here, the 6th Circuit Court of Appeals vacated the stay of OSHA’s vaccine-or-test mandate that applies to employers with more than 100 employees. Challengers of the mandate sought immediate review by the U.S. Supreme Court. The U.S. Supreme Court held oral…
On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51) is preempted by the Federal Arbitration Act (FAA). AB 51 was signed into law by Gov. Gavin Newsom…
The FDA’s rollout of COVID-19 vaccinations has given hope to many employers that we may finally be witnessing the horizon of the pandemic. But this good news comes with a few side-effects, including the question of whether employers can require, or even encourage, their employees to get vaccinated. To that…
Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046.
California Gov. Gavin Newsom signed Executive Order N-62-20—way back on May 6, 2020—which created a presumption that employees’ COVID-19-related illnesses were caused at work and therefore covered by workers’ compensation. That order covered COVID-19 infections from March 19, 2020 to July 5, 2020, at which time the order expired. To fill the void,…
The CDC has issued new guidance for in-home patients diagnosed with COVID-19, including lowering the number of days the patient must remain isolated after being fever-free. The CDC previously recommended that “at least 72 hours” pass since the last fever without the use of fever-reducing medication before ending self-isolation. Noting…
By: Ryan E. Abernethy In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires…
On April 30, 2018, the California Supreme Court applied an expansive definition of independent contractor in a ruling that is sure to have a dramatic impact on many California businesses, and the burgeoning gig economy in particular. In the case of Dynamex Operations W. v. Superior L.A. County, a class…
In this special Fact or Fiction episode of California Employment News, Weintraub Tobin shareholder Ryan Abernethy and associate Christopher Horsley explain how wage and hour rules, expense reimbursement requirements, and employee location affect remote work arrangements. Listen for an informative breakdown of what California employers need to know to manage remote teams and…
In this episode of California Employment News, Weintraub Tobin shareholder Ryan E. Abernethy and associate John Slavik break down a common misconception about employee meal breaks and explain why an employee choosing to work through lunch does not automatically protect an employer from liability. They discuss the “no policing” rule, meal period records, premium…
In this episode of California Employment News, Weintraub Tobin shareholders Ryan E. Abernethy and Lukas Clary explain what employers need to know about alternative workweek schedules, how they can reduce daily overtime costs, and the requirements for properly adopting one. Listen for a practical overview of Alternative Workweeks: A Better Schedule for…
Wage and hour compliance remains a major source of risk for California employers. In this episode of California Employment News, Weintraub Tobin Associate Nikki Mahmoudi and Shareholder Ryan Abernethy discuss common issues involving meal and rest breaks, rounding, regular rate calculations, and employee attestations. Listen for a clear breakdown of common wage and hour…
In this episode of California Employment News, Weintraub Tobin attorneys Chris Horsley and Ryan Abernethy break down employer obligations related to 401(k) retirement plans, CalSavers, and health benefits. In this episode, they cover: When employers are required to offer access to retirement benefits Key compliance rules governing 401(k) plans under ERISA and the Internal…
Stanford Settlement Board of Directors
Former Board Member, Vice President
State Bar of California, Labor & Employment Section
Member
Sacramento County Bar Association, Labor & Employment Law Section
Member
J. Reuben Clark Law Society
Member
CCHAT
Advisory Board Member
Sacramento Metro Chamber of Commerce, Leadership Sacramento Class of 2019
Awards
The Best Lawyers in America®, 2025-2027 (Employment Law – Management; Litigation – Labor and Employment)
Selected to Northern California Super Lawyers list, 2023 – 2026
Selected to Northern California Rising Stars list, 2017 – 2021
Sactown Magazine’s Top Lawyers List, 2021 – 2024 – Labor and Employment
San Francisco Magazine’s Top Lawyers List, 2017 – Labor and Employment
