Ryan Abernethy is a senior attorney in the Firm’s Labor & Employment and Litigation practice groups.
Ryan has successfully represented clients in all areas of employment law, including the defense of claims involving workplace discrimination, harassment, retaliation, wrongful termination, wage and hour issues, trade secrets infringements, and class actions. He also regularly counsels clients regarding compliance, risk management, policy preparation, and training.
In addition to his employment law practice, Ryan has successfully litigated business, consumer, insurance, contractual, and personal injury disputes, among others. He has obtained defense verdicts in both state and federal courts at the trial and appellate levels. He has also obtained positive results for his clients through arbitration and administrative proceedings. He has negotiated many favorable settlements for his clients.
Before joining the Firm, Ryan was the senior associate in a Sacramento-based civil defense firm. He also practiced in the Labor & Employment department of a global employment-focused firm in San Francisco. 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.
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
Northern California Super Lawyers, 2023
Northern California Super Lawyers, Rising Star, 2017 – 2021
Sacramento Magazine’s Top Lawyers List, 2021 – 2023 – Labor and Employment
San Francisco Magazine’s Top Lawyers List, 2017 – Labor and Employment
J.D., University of California, Hastings College of the Law, San Francisco, 2009
B.A., summa cum laude, Arizona State University, Phoenix, 2006
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…
On September 6, 2023, Weintraub employment attorney Ryan Abernethy will present to the Financial Executives International (FEI) Sacramento Chapter on, “Employment Law Risk Mitigation Strategies: From Class Action Lawsuits to Internal Investigations.” The presentation will cover wage and hour class action and PAGA lawsuit prevention strategies, internal investigations, and independent…
On May 12 and 13, The Capital Region Family Business Center hosted the Generations Family Business Conference in Sacramento. On day two of the event, Weintraub attorneys Lizbeth (“Beth”) West, Meagan Bainbridge and Ryan Abernethy presented a case study relating to harassment or misconduct claims against family members in the…
On March 30, 2022, Labor & Employment attorney Ryan Abernethy presented the seminar titled Return to Work Guidance for California Employers for the Financial Executives International’s Sacramento Chapter. The presentation addressed common issues that employers now face as COVID-19 restrictions loosen, and more employees are returning to work on-site. He also…
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)…
Federal and state OSHA laws require California employers to prevent and respond to violence in the workplace. Federal and state EEO laws require California employers to prevent and respond to harassment and discrimination in the workplace. But what about bullying? What is it? Are employers responsible for preventing it? Is…
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…
On March 3, 2021, Ryan Abernethy and Shauna Correia of Weintraub Tobin’s Labor & Employment Group discussed the multitude of wage and hour laws that govern non-exempt employees. A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes…
Summary of Program Our Labor & Employment Group presents our annual Employment Law Update where they discuss important legal developments from 2020 and review a number of new employment laws and relevant court cases impacting employers in 2021 Program Highlights – Part 1 of 2 This part will focus on:…
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…
Summary of Program On September 17, 2020 Weintraub attorneys Lizbeth (Beth) V. West and Ryan Abernethy provided an overview of various leave laws. Administering leaves of absence in California can be very challenging. California has a paid sick leave law and numerous other leave laws, reasonable accommodation laws, and wage…
On Tuesday, April 28, Weintraub attorney Ryan E. Abernethy is presenting a webinar hosted by the California Lawyers Association. Summary:In fulfilling their fiduciary obligations, trustees, conservators, and other fiduciaries are often thrust into situations where they are required to act as an employer. From managing caretakers, issuing paychecks, and setting schedules…
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…
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…
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…
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.
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…
When starting a business, there are many common employment issues to consider. Join Weintraub attorneys Meagan Bainbridge and Ryan Abernethy in Part Two of their Employment Start-Up Kit for Start-Ups series for California Employment News, where they cover employee payroll, HR, and other important things for new businesses to consider to limit liability. Watch this…
There are many common employment issues that start-ups might face. Weintraub attorneys Meagan Bainbridge and Ryan Abernethy help review these issues in a two-part series for California Employment News. Join them in part one, which covers independent contractor classification and employment exemptions. Listen to this podcast episode here. Find Part Two of this Two-Part Series here. Watch…
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.
