Lukas Clary is a shareholder in the Firm’s Labor & Employment and Litigation practice groups and serves as the Firm’s Marketing Shareholder.
Lukas has experience representing clients in all aspects of Employment Litigation. He regularly handles claims involving allegations of workplace discrimination, harassment, retaliation, wrongful termination, unpaid overtime and wages, missed meal and rest periods, and class actions.
Lukas also regularly counsels employers on compliance and litigation avoidance strategies, including leave management and the interactive process associated with accommodating employees with disabilities. He also helps his clients craft employee handbooks and employment policies.
In addition to his Employment Law practice, Lukas has successfully litigated real estate and business disputes, copyright and trademark claims, and consumer claims. He has successfully prosecuted and defended cases in state and federal courts, before administrative agencies, and through alternative dispute resolution. He has won cases at trial and summary judgment and has negotiated several favorable settlements for his clients. Through these experiences, he can quickly identify and execute a resolution strategy consistent with his clients’ goals.
A member of the Board of Directors for the California Restaurant Association’s Sacramento chapter, Lukas regularly represents restaurateurs and other hospitality employers in employment matters and with legal issues unique to the industry. His clients also include employers in the transportation and financial services industries, among others. Lukas is a frequent speaker for various organizations, including the Sacramento Area Human Resources Association and the Sacramento Employer Advisory Council.
Lukas received his Juris Doctor from the University of Michigan Law School and his Bachelor of Arts from the University of California, Davis. Lukas is a member of the State Bar of California and various local and national bar associations. He is admitted to practice before the United States Court of Appeals for the Ninth Circuit and all U.S. District Courts in California.
Sacramento Metro Chamber of Commerce, Leadership Sacramento Class of 2017
Member
California Restaurant Association, Sacramento Chapter
Board Member
California Restaurant Association, Sacramento Chapter
Education Committee Chair
California Restaurant Association, Sacramento Chapter
Government Affairs Committee Member
California Trucking Association
Legal Center Partner
Sacramento Professional Advisors Network
Member
Gordon D. Schaber Mock Trial & Moot Court Competition
Volunteer Judge
California State Bar, Labor and Employment Law Sections
Member
Sacramento County Bar Association
Member
El Dorado County Bar Association
Member
Meritas, Sacramento
Member
Sacramento Area Human Resources Association (SAHRA)
legal team, chair of Legislative Advocacy Committee
Awards
Sacramento Business Journal’s 40 Under 40, 2019
Northern California Super Lawyers, 2020 – 2022
Northern California Super Lawyers, Rising Star, 2016-2019
Sacramento Magazine’s Top Lawyers List, 2017-2018, 2020 – Class Action/Mass Torts
Sacramento Magazine’s Top Lawyers List, 2020 – 2023 – Labor & Employment
J.D., University of Michigan Law School, 2007
B.A., University of California, Davis, 2002
Managing employees in California is not easy, and the state’s many employment laws are complicated and confusing. Join Ryan Abernethy, Lukas Clary, and Nikki Mahmoudi as they give guidance on how to protect your organization by avoiding some of the most common mistakes that lead to employee lawsuits. Program Highlights An…
From September 13 – 14, 2023, the Sacramento Area Human Resource Association (SAHRA) will host its annual conference for HR professionals and service providers. The event aims to connect industry professionals and offer educational sessions to keep you current on industry topics. Weintraub shareholders Meagan Bainbridge and Lukas Clary will present…
Like other employment claims in recent times, we are seeing more retaliation and “whistleblower” claims against California employers. Employers need to know what to listen for or they can find themselves accused of retaliating against a “whistleblower.” On April 12th, Lukas Clary, Meagan Bainbridge, and Jacqueline Simonovich of Weintraub Tobin’s…
On Thursday, November 17th, the California Restaurant Association (CRA) will hold a webinar discussing employment law developments that will impact the workplace in 2023. Weintraub shareholder Lukas Clary will lead the webinar, which will cover:
On November 3rd, 2022, the Sacramento Area Human Resource Association (SAHRA) will host a membership luncheon to discuss California’s new pay transparency law. Weintraub Shareholder Lukas Clary and the Firm’s Director of Human Resources, Jennel Fernandez, will present at the event, discussing implications for employers and HR.
On Wednesday, May 18th, Lukas Clary of Weintraub Tobin’s Labor & Employment Practice Group hosted a webinar discussing ten pay practices that are key to ensuring you stay out of hot water and away from class action and PAGA lawsuits. Unfortunately, wage and hour lawsuits continue to plague California employers.…
On January 12, 2022, attorneys Lizbeth V. West, James Kachmar, Meagan D. Bainbridge, Brendan Begley, and Ryan Abernethy presented part two of a webinar discussing important legal developments from 2021 and reviewing a number of new laws and case law developments impacting employers in 2022. Employment Law Update (Part 2)…
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…
Summary of ProgramOn 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…
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.
Lizbeth (“Beth”) West, Shauna Correia, Lukas Clary, and Ryan Abernethy of Weintraub Tobin’s Labor & Employment Group provided an overview of California legislation that employers must be aware of as they go into 2021. This seminar was presented and recorded on December 9, 2020. A recording of this webinar can…
On August 13, 2020 Weintraub attorney Lukas Clary discussed the nuts and bolts of wage and hour compliance for non-exempt employees in California. Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Employers are often sued because of technical violations that occur simply because an employer…
In response to the COVID-19 pandemic, the federal government recently passed emergency legislation making up to two weeks of paid sick leave benefits available to employees who are forced to miss work for reasons relating to COVID-19. We previously blogged about the paid sick leave made available under the Families…
Weintraub Tobin is pleased to announce that 25 of its attorneys have been recognized in the 2024 edition of The Best Lawyers in America®, and eight attorneys have been named to the 2024 edition of the Best Lawyers: Ones to Watch in America. Three attorneys have also named “Lawyer of…
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…
Weintraub Tobin is pleased to announce that 47 of the Firm’s attorneys have been selected to the 2023 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…
In a November 27th article for the Sacramento Business Journal, Weintraub shareholder Lukas Clary writes about the pay transparency law coming to California in 2023 and what employers must do to comply.
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…
Weintraub Tobin is pleased to announce that 37 of its attorneys have been recognized on the 2022 Northern California Super Lawyers® and Rising Stars lists. Several Weintraub attorneys also received special recognition on Super Lawyers “Top” lists, including six attorneys named to the Sacramento Top 25 Super Lawyers (Gary L.…
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the U.S. Supreme Court decision in Viking River Cruises, Inc. v Moriana holding that the Federal Arbitration Act (FAA) preempts the California law precluding division of individual and non-individual Private Attorneys General Act (PAGA) actions for purposes of compelling arbitration. Not only…
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the erosion of confidentiality clauses in settlement agreements, and what employers can do about it. Watch this episode on the Weintraub YouTube channel, here. Listen to this podcast episode here.
Weintraub Tobin is pleased to announce the launch of California Employment News, a series of short, informational videos designed to keep California employers up-to-date on legal developments in employment law. In California Employment News, attorneys from Weintraub’s Labor and Employment Practice Group discuss legal updates and a wide range of…
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…
Sacramento Bee reporter Darrell Smith spoke with labor and employment attorney Lukas Clary for his article on the coming COVID vaccines and whether employers might require their workers to get vaccinated. With a look at past precedent — H1N1 — we can conclude that an employer will be able to…
Sacramento, CA – Weintraub is pleased to announce that 21 Firm attorneys have been recognized as 2020 Top Lawyers by Sacramento Magazine. The full list of 2020 Top Lawyers will be featured in the August, 2020 issue of Sacramento Magazine. Weintraub attorneys honored as 2020 Top Lawyers are: Brendan Begley…
How much does that job pay? According to a new law coming to California, employers must not hide that information from employees who ask. And applicants will not even need to ask. On September 27, 2022, Governor Newsom signed into law SB 1162, which provides for pay transparency among job…
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.
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the best practices that employers should follow when managing remote and hybrid employees. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here.
On May 23, 2022, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. Employment attorneys Shauna Correia and Lukas Clary discuss the significant and immediate impacts on California employers from this decision. Watch this episode…
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the importance of keeping detailed disciplinary records for all employees and explain what type of documents should be included. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here.
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss steps that employers can take to comply with employee records requests, while also mitigating the risk of potential workplace violation claims. Watch this episode on the Weintraub YouTube channel, here. Listen to this podcast episode here.
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the erosion of confidentiality clauses in settlement agreements, and what employers can do about it. Watch this episode on the Weintraub YouTube channel, here. Listen to this podcast episode here.
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss recent developments relating to the labor code Private Attorneys General Act (PAGA) and steps that employers can take to mitigate the risk of PAGA exposure. Watch this episode on the Weintraub YouTube channel, here. Listen to this…
Weintraub Tobin is pleased to announce the launch of California Employment News, a series of short, informational videos designed to keep California employers up-to-date on legal developments in employment law. In this inaugural episode, Weintraub employment attorneys Meagan Bainbridge and Lukas Clary discuss best practices for employers to implement regularly, such…
On March 19, 2021, Governor Newsom signed legislation ensuring new supplemental paid sick leave (SPSL) for eligible workers impacted by the COVID-19 pandemic. The bill, SB 95, provides up to 80 hours of paid leave for employees who are forced to miss work for qualifying reasons. The SPSL covers many…
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.
On September 11, 2020, the United States Department of Labor issued revised regulations governing the Families First Coronavirus Response Act (FFCRA). The regulations implement the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) provisions of the FFCRA. The revised regulations were issued to…
On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act. Among other things, the updated FAQs finally addressed this issue: What happens to an employer’s ability to have its PPP loan forgiven if employees refuse to return from layoff and thus…
While some pay exemptions are fairly well-known, there are some, such as the Computer Professional and Sales exemptions, that are not as common. Meagan Bainbridge and Lukas Clary close out the pay exemptions series on California Employment News with this episode reviewing these two lesser known pay exemptions. Listen to this podcast episode here. Watch this…
Two of the most common pay exemptions from federal and state overtime, meal and rest break, and minimum wage laws are the Professional and Administrative exemptions. Meagan Bainbridge and Lukas Clary detail how these two exemptions work in this episode of California Employment News. Listen to this podcast episode here. Watch this episode on…
The executive pay exemption is one of three so-called “white-collar” pay exemptions that exempt certain employees from state and/or federal overtime, minimum wage, and meal and rest break requirements. Meagan Bainbridge and Lukas Clary review this exemption in part 2 of this 4-part pay exemption series on California Employment News. Listen to the podcast episode…
Certain employees can be exempt from overtime pay and meal and rest breaks under both the FLSA and California Labor Law. Meagan Bainbridge and Lukas Clary break down the basics of pay exemptions in part 1 of this 4-part series for California Employment News. Listen to this podcast episode here. Watch this episode on the…
The recent 9th Circuit opinion in US Chamber of Commerce v. Bonta struck down AB 51, determining that it was preempted by the Federal Arbitration Act. Meagan Bainbridge and Lukas Clary review how this decision impacts the use of mandatory arbitration agreements for California employers in this episode of California Employment News. Watch this episode…
As we move through 2023, there are some key employment law cases to watch. See which cases top the watch lists for Meagan Bainbridge and Lukas Clary in this episode of California Employment News. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
The California Legislature has passed, and Governor Newsom has signed, a flurry of new employment laws that will be kicking in as early as January 1, 2023. It is that time of year where employers should begin making adjustments in their policies and practices to comply with the new employment…
In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss best practices for employers to maintain employee records and the importance of record retention.
In this episode of California Employment News, Lukas Clary and Ryan Abernethy discuss the regular rate of pay, its unusual features, and the risks of employers getting it wrong.
In this episode of California Employment News, Ryan Abernethy and Lukas Clary discuss recent changes to the California Family Rights Act (CFRA) and what these changes mean for employers. Watch this episode on the Weintraub YouTube channel here. Listen to the podcast episode here.
