Labor & Employment

Weintraub Tobin attorneys advise employers in every aspect of traditional employment and labor law, ranging from preventative employment counseling to all types of employment-based disputes and litigation.

Our attorneys provide counseling on issues such as hiring, disciplinary actions, terminations and layoffs, employment and severance contracts, covenants not to compete and employee handbooks.

We assist with compliance regarding a variety of state and federal laws, including but not limited to, wage and hour; independent contractor status; leaves of absence; reasonable accommodations; the prevention of harassment, discrimination, and retaliation; occupational health and safety; and workers’ compensation under the California Labor Code and other statutes such as the California Fair Employment and Housing Act (FEHA), Title VII, the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Americans with Disabilities Act (ADA), the Occupational Health and Safety Act (OSHA) and others.

Because not all employment issues can be anticipated or resolved prior to litigation, we defend employers before a variety of governmental agencies (including DOL, EEOC, DFEH, EDD, OFCCP, OAH), and federal and state courts. Our group has had marked success in defending employers, often winning summary judgment or other pre-trial dismissal. The firm’s trial record is equally distinguished. Where appropriate, we also represent employers in alternative dispute resolution forums, including mediation and arbitration.

Our team has extensive experience in the following related services:

Employment policies and procedures
Employment contracts and compensation plans
Unfair competition and protection of trade secrets
Regulatory compliance, audits, investigations and hearings
Wage and hour audits, counseling, and compliance
Counseling and training on various workplace issues such as prevention of harassment, discrimination, and retaliation; workplace health and safety; administering statutory leaves of absence and reasonable accommodation laws
Successful representation of employers in both single-plaintiff and representative employment-related litigation
Workplace Investigations regarding charges of harassment, discrimination or retaliation; workplace violence; theft; whistleblowing; drug or alcohol abuse; disciplines and terminations; and violations of company policies
Employment due diligence audits in connection with mergers and acquisitions to evaluate employment law compliance and identify potential sleeping liabilities
Employment Mediation
ADA and state disabilities access cases

Presentations

Webinar – Reasonably Approaching Reasonable Accommodations: Don’t Make it Harder Than it Already Is

Summary: 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 for employers to understand these laws and comply with how the courts and various federal and state regulatory agencies interpret them,

Webinar: Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

On June 17, 2020, employment attorneys Brendan Begley and Shauna Correia recorded this webinar discussing the different kinds of employment-related lawsuits that business owners may face as businesses reopen and employees return to work,

Webinar – Getting Back to Business: Building Your Net to Minimize Your Risk

On June 3, 2020, Lizbeth (Beth) V. West was a panelist for the webinar Getting Back to Business: Building your Net to Minimize Risk, hosted by the Capital Region Family Business Center.

Webinar: Staffing Your Restaurant for Reopening

Attorneys Lukas Clary and Shauna Correia are presenting a webinar hosted by the California Restaurant Association to help restaurant owners prepare for reopening. As restaurants look forward to how their businesses will operate with limited service or hours,

Webinar: The Employment Law Issues Trustees, Conservators, and other Fiduciaries Face

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.

Webinar: Employment Issues Upon Re-Entry to the Workplace

The COVID-19 pandemic has changed the workplace landscape. While the anticipated re-opening of the economy is on the horizon, employers must be aware of a number of employment issues when employees begin to re-enter the workplace.

Webinar: Employing in the Age of COVID-19: What Employers Need To Know

In the wake of the COVID-19 pandemic, employers are facing extraordinary challenges. This webinar addresses the most common questions employers are currently asking, as they attempt to provide a safe and secure workplace, while maintaining compliance with California and federal law.

Overtime, Meal Periods, Wage Statements – Oh My! Non-Exempt Wage and Hour Compliance: Postponed

We sincerely apologize to have to postpone this seminar until further notice. Summary of Program 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 is unaware of their legal obligations.

Salary Equals Exempt Right? Wrong! Determining Exempt Status

Summary of Program With 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,

Internal Workplace Investigations; A Practical Guide to Employee Internal Investigation Legal Issues

On Tuesday, February 4, Weintraub attorney Shauna N. Correia will speak at a National Business Institute (NBI) seminar titled A Practical Guide to Employee Internal Investigation Legal Issues. Program Description: Internal investigations of employee misconduct are useful tools –

Employment Law 2019/2020 – A Year in Review; A Year Ahead (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

Employment Law 2019/2020 – A Year in Review; A Year Ahead

Due to high demand, we have scheduled this second session to accommodate additional attendees. Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

Employment Law 2019/2020 – A Year in Review; A Year Ahead

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020.

What Do You Need to Do In January 2020

Summary of Program January 1, 2020 is right around the corner; be sure you are ready for the New Year and the new legal obligations it brings. Join Lizbeth (“Beth”) West,

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

Mini Law School for HR Professionals

On Wednesday, November 20, Weintraub attorney Ryan Abernethy will speak at a National Business Institute (NBI) seminar titled Mini Law School for HR Professionals. Program Description A Comprehensive Primer on Labor and Employment Law As employment-related litigation rates continue to rise,

Human Resource Law from A to Z

Weintraub attorney Shauna N. Correia is presenting at the National Business Institute’s (NBI) Seminar titled Human Resource Law from A to Z. The two-day seminar is a comprehensive overview of the issues affecting HR departments.

Tips and Tools for Surviving the Employment Relationship

Summary of Program: The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners,

Human Resource Law from A to Z

On Wednesday, October 2 and Thursday, October 3, Weintraub attorney Shauna N. Correia will speak at a National Business Institute (NBI) seminar titled Human Resource Law from A to Z.

Lizbeth (Beth) V. West will be speaking at AWI’s Sacramento Workplace Investigation Basics Seminar

Association of Workplace Investigators (AWI) is holding its Sacramento Workplace Investigation Basics Seminar on Monday, November 18, 2019. Summary: This popular, fast-paced, interactive program is designed to introduce the participants to the theory and the practical skills necessary to conduct impartial investigations of allegations of employee misconduct.

Top 10 Things Employers Do (or Don’t Do) to Get Sued

Summary of Program Managing employees in California is not easy, and the state’s many employment laws are complicated and confusing. Learn how to protect your organization by avoiding some of the most common mistakes that lead to employee lawsuits.

FEI Development Session: The Do’s and Don’ts of an Effective Workplace Investigation

Join Weintraub Tobin on Thursday, August 15, 2019, as it hosts the Sacramento Chapter of Financial Executives International (FEI) for an important training and development session on The Do’s and Don’ts of an Effective Workplace Investigation.

Accommodating Employees: It’s Even More Complicated!

Most employers know that employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability or medical condition. It is important for employers to understand and comply with how the courts and various federal and state regulatory agencies define accommodations,

The Leave Law Matrix: It’s Complicated

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

Mandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply 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”

Non-Exempt Employees: Watching the Clock

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

Exempt Status: More Than Just a Salary

Summary of Program With 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,

Independent Contractors v. Employees: Do Independent Contractors Still Exist?

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Brendan Begley Presents at Employment Litigation 2019

Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City.

2019 Employment Law Update in San Francisco

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal and State Legislation and Court Cases • Developments in Harassment,

2019 Employment Law Update – Sacramento

Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws

Summary of Program Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

Mandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply 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”

Are You Allowed to Ask That? Effective Employment Policies from Hiring to Firing

Are You Allowed to Ask That? Effective Employment Policies from Hiring to Firing Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners,

Mandatory AB 1825 Sexual Harassment Prevention Training and Optional Supervisor Best Practices and Legal Compliance Training

Mandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply 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”

You Aren’t In Kansas Anymore, Dorothy: A Common Sense Method of Complying with California’s New Fair Pay Act

Summary of Program For decades the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. On October 6,

2018 Employment Law Update (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2017 and review a number of new laws facing employers in 2018.

“Saying It’s So, Doesn’t Make It So”- Independent Contractor v. Employee Status

Mandatory AB 1825 Sexual Harassment Prevention Training and Optional Supervisor Best Practices and Legal Compliance Training

Mandatory AB 1825 Sexual Harassment Prevention Training: : $95/person The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.

Are Your Exempt Employees Properly Classified? – It’s Not Just Based on Salary

Date: April 20, 2017 Time: 9:30 a.m. – 11:30 p.m. Summary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime,

“Slaying the PAGA Dragon” – Wage and Hour Compliance for Non-Exempt Employees

Date: March 16, 2017 Time: 8:30 a.m. – 12:00 p.m. Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations.

“From Hiring to Firing” – The Life Span of the Employment Relationship

Date: February 23, 2017 Time: 9:30 a.m. – 11:30 a.m. Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners,

The Ever-Developing Employment Law Landscape: 2016-2017 Legal Update- San Francisco

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2016 and review a number of new laws facing employers in 2017.

Does Your Service Animal Need a Stand Up Desk? Discrimination and Accommodation of Employees, Customers and Third-Parties

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation.

A Paperless World? All The Documentation You Still Need

The Life Span of the Employment Relationship: Hiring, Disciplining and Firing

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals,

Oh Sh–! The Government is Knocking at Your Door

Summary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power.

Sands Through the Hour Glass: Wage and Hour Update

Even Keanu Can’t Figure It Out: The Leave Law Matrix

Weintraub Tobin Labor and Employment Group to Speak at AB 1513 Seminar

Weintraub Tobin will be joining a panel of speakers on February 4, 2016 at the AB 1513 Seminar on Critical Piece Rate Pay Legislation Affecting the Construction Industry. The panel will summarize AB 1513 and discuss how it will affect the construction industry.

Guardians at the Gate: Properly Trained Managers are Your First Line of Defense

Summary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.

Conducting Effective Workplace Investigations

Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Vida Thomas and Lizbeth West) for this one-day, in-depth training on conducting effective workplace investigations: The legal duty to investigate Selecting the right investigator Recognizing your own biases Conducting effective witness interviews Writing the investigation report Seminar Program 8:30 am –

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2016 Labor and Employment 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,

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like: An overview of sexual harassment laws Examples of conduct that constitute sexual harassment Lawful supervisory responses to complaints of harassment in the workplace Strategies to prevent harassment in the workplace Training on prevention of “abusive conduct”

Ramps, Dogs and Horses: Discrimination and Accommodation of Employees, Customers and Third-Parties

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons. Often this is because of an employee’s disability,

The Good, The Bad and The Ugly: Documentation in the Workplace

Tips and Traps When Hiring and Firing Employees

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations.

Your Greatest Asset or Worst Liability: Your Employee Handbook (San Francisco Seminar)

Summary of Program Employee handbooks are essential for employers in today’s litigious environment. A carefully prepared, up-to-date, and customized handbook can be an employer’s biggest weapon against labor and employment litigation if properly used.

A Healthy Workplace is a Safe Workplace: Addressing Bullying, Threats and Violence

Federal and state OSHA laws protect California workers from unsafe working conditions. However, the federal and state statutes and regulations are complex and can be difficult to understand. This seminar is designed to remove some of the mystery from federal and state OSHA requirements and assist you in maintaining compliance.

“It Was Colonel Mustard in the Library” Workplace Investigations

Summary of Program Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Beth West, Vida Thomas, and Meagan Bainbridge) as they discuss the fundamentals of an effective workplace investigation. Program Highlights The duty to investigate Determining who will do the investigation Recognizing your own biases Tips for conducting the investigation Preparation Conducting and documenting witness interviews Analyzing the evidence and making credibility determinations Writing the investigation report Seminar Program 9:00 a.m.

Mandatory AB 1825 Sexual Harassment Prevention Training

Summary of Program: The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations,

Upcoming Webinar: Say It’s So, Doesn’t Make it So: Independent Contractor v. Employee Status

2015 FMLA/ADAAA Employer Compliance Conference

Avoiding Common Pitfalls in the Management of Employee Leaves Since the enactment of the FMLA over 20 years ago, employee leaves have grown exponentially – in the kinds of leaves offered and in the complexity of administration requirements.

But I Paid Them a Salary: Overtime or No Overtime?

Summary of Program 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 lawsuit,

From A to Z, Alphabet Soup of Leave Laws (Newport Beach)

Summary of Program Administering leaves of absence and disability accommodations in California can be very challenging. California has a new paid sick leave law and numerous other leave laws and wage replacement benefits that interact with one another.

Well Trained Supervisors: Your First Line of Defense (Sacramento)

Well Trained Supervisors: Your First Line of Defense (San Francisco)

Weintraub Tobin’s 2020 Labor & Employment Seminar and Training Schedule is Updated

Weintraub Tobin’s 2020 Labor and Employment Seminar and Training schedule has been recently updated and is now available. Click here for a pdf version of the schedule. If you have any questions on any of our seminars or would like to inquire about private,

Coronavirus Aid, Relief, and Economic Security (CARES) Act: Expansion of Unemployment Benefits Through the Pandemic Unemployment Assistance Program

On March 27, 2020, the $2 trillion Coronavirus Aid, Relief, and Economic Safety (CARES) Act was passed by the House of Representatives and signed into law by President Trump as the largest emergency aid bill in history.

COVID-19: Resources for California Employers (Updated 4/3/20)

The COVID-19 pandemic is forcing employers to make unprecedented decisions about their workplace. In an effort to help employers as they make the difficult decisions they are currently facing, we have gathered guidance released by many of the federal and state agencies specifically related to COVID-19.

California Governor Newsom Issues Statewide Stay at Home Order

On March 19, 2020 Governor Newsom issued a statewide stay at home Order that will remain in place until further notice. To view or download a copy of Executive Order 33-20,

Lizbeth “Beth” West Interviewed in the Southern California Recorder Regarding AB 5

Lizbeth (Beth) West was recently interviewed about the impact of California Assembly Bill (AB) 5 on California businesses and workers. AB 5 went into effect on January 1, 2020 and has caused many companies,

California Leave Law: A Practical Guide for Employers, now available in an updated seventh edition

We are pleased to announce the publication of the seventh edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) West, and published by Matthew Bender/LexisNexis.

Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2020 “Best Law Firms”

SACRAMENTO, CA (November 1, 2019) – Weintraub Tobin, a leading California full-service law firm, was honored to be recognized with eight first-tier rankings in the 2020 edition of U.S. News – Best Lawyers® “Best Law Firms.” The complete list of rankings is published on the U.S.

Lukas Clary Named 40 Under 40 by Sacramento Business Journal

SACRAMENTO, CA (October 8, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that Lukas Clary has been named a 2019 40 Under 40 honoree by the Sacramento Business Journal.

Now Available! Weintraub Tobin’s 2020 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2020 Labor and Employment 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,

14 Weintraub Tobin Attorneys Named to Best of the Bar 2019

SACRAMENTO, California – Weintraub Tobin congratulates its 14 attorneys who have been included in Sacramento Business Journal’s Best of the Bar 2019. Attorneys selected to the 2019 Best of the Bar list include Gary L.

19 Weintraub Tobin Attorneys Named to The Best Lawyers in America© 2020

SACRAMENTO, CA (August 15, 2019) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 19 of our attorneys have been recognized on the 2020 The Best Lawyers in America list.

Ryan Abernethy in Super Lawyers Magazine: Prior Practice

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.

Lizbeth West Joins Hope Cooperative Board of Directors

Weintraub is pleased to announce that Lizbeth “Beth” V. West has joined the Board of Directors of the non-profit organization Hope Cooperative. Hope Cooperative (formerly TLCS), provides mental health and supportive housing services for Sacramento County residents with mental health challenges,

31 Weintraub Tobin Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars Lists

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,

24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2019

Weintraub is pleased to announce that 24 of the firm’s attorneys have been recognized as 2019 Top Lawyers by Sacramento Magazine. The full list of 2019 Top Lawyers will be featured in the August,

Lukas Clary in Stateline: Dynamex Decision Impact Continues to Unfold

Gig Economy Workers Gain Security, But at What Cost? by Scott Rodd, Stateline SACRAMENTO, Calif. — It started with installing some red and green LED lights. Then came the disco balls,

California Leave Law: A Practical Guide for Employers, now available in an updated sixth edition

We are pleased to announce the publication of the sixth edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) West, and published by Matthew Bender/LexisNexis.

Now Available! Weintraub Tobin’s 2019 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2019 Labor and Employment 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 about private,

Weintraub Tobin Chediak Coleman Grodin Law Corporation ranked in 2019 “Best Law Firms”

Sacramento, CA, United States, November 1, 2018 — U.S. News & World Report and Best Lawyers, for the ninth consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2019 U.S.

Weintraub Tobin Shareholder Lizbeth West to speak at Family Business Forum – Rise to Leadership in the Family Business

Lizbeth will discuss the still hot “Me Too” topic and how it impacts family business. For more info, please visit the Capital Region Family Business Center Family Business Forum | Fall 2018 here: https://capfamilybus.org/events/fall-2018-family-business-forum/

19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America ©2019

SACRAMENTO, California – August 15, 2018 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2019 list. David Adams, Sacramento, Corporate Governance Law,

24 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2018

SACRAMENTO, California – July 19, 2018 – Weintraub Tobin Law Corporation congratulates its 24 attorneys who have been included in Sacramento Magazine’s 2018 Top Lawyer List. David Adams | Business/Corporate, Securities &

Weintraub Tobin Shareholder Lukas Clary to speak at California Restaurant Association’s Sacramento Chapter June Educational Seminar

Webinar ” Let’s Talk About Wage & Pay in the Restaurant Industry”. Topics include: Wage & Pay Dependency, Tip Pooling, Service Charges, Surcharge and Minimum Wage Tuesday, June 26th – Sacramento Wednesday,

Weintraub Tobin Shareholder Shauna Correia to speak at California Restaurant Association Legal Center Roadshow

Topics include: Tip Pooling, Service Charge, Surcharge, Sick Leave, Meal + Rest Best Practices, New Regulations for Applicants & More Tuesday, June 12th – Oakland Tuesday, June 12th – San Jose Tuesday,

Weintraub Tobin Shareholder Lukas Clary to speak at SAHRA May 2018 Legal Series on Demystifying the Accommodation Process for Disabled Employees

Lizbeth “Beth” West Appointed to the Yolo County CASB

Attorney Beth West Testifies Before the California Legislature

Weintraub Tobin Shareholder, Beth West, shared her expertise and testified before the California Legislature’s Subcommittee on Sexual Harassment Prevention and Response on February 15, 2018. The hearing focused on the legal issues surrounding sexual harassment and Ms.

Neutral Services: We Help You Connect the Pieces

The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation;

Four Weintraub Tobin Attorneys selected for inclusion in Southern California’s Super Lawyers® 2018 list

LOS ANGELES, CA (January 30, 2018) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Sherry Bragg, David R. Gabor, Andrew Gilford and Gary Waldron have been named to the 2018 Southern California “SuperLawyers” list.

Weintraub Tobin elevates Lukas Clary to Shareholder

SACRAMENTO – Weintraub Tobin is pleased to announce that Lukas Clary has been elevated to Shareholder. Lukas is a member of the firm’s Labor and Employment practice group. Lukas has experience representing clients in all aspects of employment litigation.

2018 Employment Law Landscape Update

UPDATE: In-person registration full for both the January 9 and 10 sessions being held in Sacramento. Webinar registration is still available. To register for the webinar, please RSVP to [email protected] Seminar Program: 9:00 a.m.

Weintraub Tobin’s L&E Blog recognized as “Top 10 HR Blogs for Practical Advice in 2018” By PerformYard

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,

Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule

Weintraub Tobin’s 2018 Labor and Employment 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,

Weintraub Tobin would like to welcome Ryan E. Abernethy to the firm

Ryan Abernethy is an associate in the firm’s Labor and Employment practice group. Ryan has successfully represented clients in all areas of employment law including the defense of claims involving workplace discrimination,

Save The Date: Weintraub Tobin’s Employment Law Update

Tuesday, January 9, 2018 | Sacramento, CA (Session 1) Wednesday, January 10, 2018 | Sacramento, CA (Session 2) Wednesday, January 10, 2018 | San Francisco, CA Additional information and details for each session will be available December 8,

Weintraub Tobin Chediak Coleman Grodin Law Corporation ranked in 2018 “Best Law Firms”

Sacramento, CA, United States, November 1, 2017 — U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2018 U.S.

19 Attorneys from Weintraub Tobin were recognized in The Best Lawyers In America© 2018

SACRAMENTO, California – August 16, 2017 – Weintraub Tobin congratulates its nineteen attorneys who have been included in The Best Lawyers of America© 2018 list. David Adams, Sacramento, Corporate Governance Law,

21 Weintraub Tobin Attorneys included in Sacramento Magazine’s Top Lawyers List 2017

SACRAMENTO, California – July 26, 2017 – Weintraub Tobin Law Corporation congratulates its 21 attorneys who have been included in Sacramento Magazine’s 2017 Top Lawyer List. Brendan Begley | Appellate Gary L.

Shareholder Shauna N. Correia to join the Legal Center Live Roadshow event series

Shareholder Shauna N. Correia will join other restaurant industry legal experts and the California Restaurant Association at the Legal Center Live Roadshow event series on May 23rd In Oakland and 25th in Santa Cruz!

Neutral Services: Mediation

The Labor & Employment attorneys at Weintraub Tobin specialize in Mediating employment disputes both pre and post litigation. Employment disputes are some of the most contentious and aggressively litigated cases in federal and state courts.

Now Available! Weintraub Tobin’s 2017 Labor and Employment Seminar and Training Schedule

Fourth Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) V. West

Fourth Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth (“Beth”) V. West, and published by Matthew Bender (LexisNexis), now available. Book Highlights: A full explanation of federal and state leave laws.

Weintraub Tobin Ranked in 2017 ‘Best Law Firms’

Sacramento, California – November 2, 2016 – U.S. News & World Report and Best Lawyers, for the seventh consecutive year, announce the “Best Law Firms” rankings. Weintraub Tobin Chediak Coleman Grodin Law Corporation has been ranked in the 2017 U.S.

Weintraub Tobin’s L&E and IP Blogs recognized as “Top 100 Legal Blogs” By Feedspot Blog Reader

Weintraub Tobin’s Labor & Employment and Intellectual Property Blogs have both been recognized as a “Top 100 Legal Blogs Every Lawyer and Law Student Must Follow” by Feedspot Blog Reader! Feedspot takes into consideration 1,000’s of Law blogs from across the United States and Canada and uses search and social metrics to rank them.

Vida L. Thomas to speak at SJSHRM event in 2017

Vida Thomas will be speaking at San Joaquin Society for Human Resources Management’s Employment Legislative Update 2017 on Wednesday, January 11, 2017. For more information on this seminar, please visit http://www.sjhra.org/event/employment-legislative-update-2017-half-day-seminar/.

Nine Weintraub Tobin Attorneys Named to Best Lawyers In America© 2017

SACRAMENTO, California – August 15, 2016 – Weintraub Tobin congratulates its nine partners who have been included in The Best Lawyers of America© 2017 list. David Adams, Sacramento, Corporate Governance Law &

Window Closes Today! Employer Should Provide Notice Before this Opportunity is Gone!

By: Jessica Schoendienst WINDOW CLOSES TODAY! Employers who wish to take advantage of the safe harbor provision of California’s new piece rate legislation, must provide notice to the Director of Industrial Relations by July 28,

18 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2016

SACRAMENTO, California – July 25, 2016 – Weintraub Tobin Law Corporation congratulates its 18 attorneys who have been included in Sacramento magazine’s 2016 Top Lawyer List. David C. Adams | Business/Corporate,

Neutral Services: We Help You Connect The Pieces

Weintraub Tobin Elevates Two to Shareholder

SACRAMENTO (July 6, 2016) – Weintraub Tobin, one of California’s leading, full-service law firms, is pleased to announce that Shauna N. Correia and Gary D. Rothstein have been promoted to shareholder.

EEOC Issues Proposed Guidance On National Origin Discrimination

By: Vida L. Thomas On June 2, 2016, the Equal Employment Opportunity Commission (“EEOC”) released a proposed guidance on national origin discrimination under Title VII, and is seeking public input. Title VII prohibits employment discrimination against applicants and employees because of their national origin,

Vida Thomas Mentioned in Comstock’s Magazine Article, The Macro Problems Caused by Microaggression

Weintraub Tobin’s own Vida Thomas was recently mentioned in an article by Comstock’s Magazine. The article, titled “The Macro Problems Caused by Microaggression“ by Steven Yoder, deals with the implications of bias in the workplace.

Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law,

Third Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth West

Third Edition of California Leave Law: A Practical Guide for Employers, co-authored by Weintraub Tobin Shareholder, Lizbeth West, and published by Matthew Bender (LexisNexis), now available. Book Highlights: Key revisions to California’s CFRA regulations explained.

Now Available! Weintraub Tobin’s 2016 Labor and Employment Seminar and Training Schedule

Weintraub Tobin Named to Best Law Firms 2016 and Nine Weintraub Tobin Attorneys Named to Best Lawyers In America

20 Weintraub Tobin Attorneys Named to Sacramento Magazine’s Top Lawyers List 2015

SACRAMENTO, California – August 7, 2015 – Weintraub Tobin Chediak Coleman Grodin Law Corporation congratulates its 20 attorneys who have been included in Sacramento magazine’s Top Lawyer List 2015. David C.

Shareholder Lizbeth (“Beth”) West Quoted in LXBN Article

Shareholder, Lizbeth (“Beth”) West, and her recent blog post was quoted in the LXBN article “The Supreme Court’s Abercrombie Decision: Unsurprising, a Little Unclear” which discussed the long-awaited U.S. Supreme Court ruling in EEOC v.

Local Attorney Named Fellow of Litigation Counsel of America

By Bea Karnes (Patch Staff) A Sacramento attorney has been chosen for membership in an exclusive trial lawyer honorary society limited to 4,000 Fellows, representing less than one-half of one percent of American lawyers.

Two Important U.S. Supreme Court Decisions for Religious Employers (and Employers Morally Opposed to Birth Control)

The U.S. Supreme Court handed down two decisions yesterday that affect religious employers. In the first, Our Lady of Guadalupe School v. Morrissey-Berru, the Court held that the “so-called ministerial exception”

The U.S. Supreme Court Has Decided: LGBTQ Employees are Entitled to Protections under Title VII

In the midst of the COVID-19 pandemic, an economic crisis that is predicted to be as bad as the great depression, and unrest over racial inequality and police brutality that is giving birth to a global movement for social change,

Business Owners – Planning Can Help Prevent Employer Liability During Civil Unrest

My colleague Brendan Begley blogged last week about the risks employers face due to the threat of COVID-19 in the workplace. As he noted, employees have the right to expect employers to follow city,

Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job.

The DFEH’s Free On-Line Sexual Harassment Prevention Training For Non-Supervisors is FINALLY Available

On May 20, 2020, the California Department of Fair Employment and Housing (DFEH) announced that it has finally launched free anti-sexual harassment training for non-supervisory employees. The online training, which is available through DFEH’s website – https://www.dfeh.ca.gov/shpt/ – will meet an employer’s obligation to provide training to non-supervisory employees by January 1,

California Continues to Work With Counties for the Slow Re-Opening of the State

This is a follow up to our previous blog regarding California’s gradual entry into Stage 2 of the State’s re-opening plan – termed the “Resilience Roadmap.” As Governor Newsom announced on Tuesday,

EEOC Again Updates its Guidance & FAQ’s Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

The EEOC has updated its COVID-19 Guidance once again by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees;

Governor Newsom Announces the Gradual Beginning of Stage 2 of California’s Re-Opening Plan

On May 7, 2020, Governor Newsom announced the plan to gradually move into Stage 2 of the State’s Re-opening Plan beginning May 8, 2020. In addition to the Governor’s announcement in his press conference,

California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims

Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job.

Emergency Paid Sick Leave Now Available for Employees of Large Employers in California’s Food Supply Sector

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.

Finally – SBA Guidance on an Employer’s PPP Loan Forgiveness When Employees Refuse to Return to Work

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 an employer cannot meet the required full-time employee ratio in connection with the required 75% expenditure of loan proceeds on “payroll costs” during the 8-week Coverage Period?

EEOC Updates its Guidance & FAQs Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

The EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees;

4th UPDATE: DOL Again Updates Question & Answers Page for FFCRA

We have previously written about the US Department of Labor issuing a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”).

3rd UPDATE: DOL Again Updates Questions & Answers Page for FFCRA

As previously advised, the US Department of Labor has issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”.

DOL’s Informational Webinar re FFCRA Compliance Goes Live

Earlier this week, the U.S. Department of Labor announced that it would be posting an informational webinar regarding compliance issues with the recently-enacted Families First Coronavirus Response Act (“FFCRA”). That webinar,

The IRS FAQs Provide Guidance on Employee Documentation/Information to Support FFCRA Leave

On March 31, 2020, the IRS issued 66 FAQs providing guidance to employers in connection with the payment of, and tax credits for, emergency paid sick leave (E-PSL) and emergency FMLA leave (E-FMLA) under the Families First Coronavirus Response Act (“FFCRA”).

DOL Announces Temporary Rules for FFCRA Implementation; Informational Webinar to be Released on April 3, 2020

We have been keeping you informed of recent actions by the US Department of Labor to advise employers of their obligations under the recently enacted Families First Coronavirus Response Act (“FFCRA”).

2nd UPDATE: DOL Again Updates Question & Answers Page for Families First Coronavirus Response Act

Last week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA.

Coronavirus Aid, Relief, and Economic Security (CARES) Act: Expansion of Unemployment Benefits Through the Pandemic Unemployment Assistance Program

DOL Updates Questions & Answers Page for Families First Coronavirus Response Act

Earlier this week, we advised you that the US Department of Labor had issued a Question & Answers webpage that addressed some issues arising out of the passage of the FFCRA,

San Francisco Issues New Guidance on San Francisco Paid Sick Leave During Pandemic; Financial Relief for San Francisco Employers

On March 24, 2020, the San Francisco Office of Labor Standards Enforcement issued guidance pertaining to the use of Paid Sick Leave under the San Francisco Paid Sick Leave Ordinance (PSLO).

DOL Issues Model Notice To Employees Of Rights Under Families First Coronavirus Response Act

In response to the COVID-19 pandemic, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FFCRA requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19.

Families First Coronavirus Response Act Takes Effect April 1, 2020

We have kept you advised of recent federal actions taken in response to the COVID-19 outbreak, including the passage of the Families First Coronavirus Response Act (“FFCRA”) which, among other things,

More On The FFCRA: Payroll Tax Credits And Period Of Non-Enforcement

As we told you on March 22, 2020, the Department of Treasury (DOT), Internal Revenue Service (IRS), and Department of Labor (DOL) announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act (FFCRA).

COVID-19: Resources for California Employers (Updated 4/3/20)

IRS to Provide Tax Relief to Some Employers in Light of Families First Coronavirus Response Act

On March 20, 2020, the Department of Treasury, IRS, and Department of Labor announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act.

Governor’s Newsom’s Statewide Order is in Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?

As our earlier post on March 19, 2020 announced, Governor Newsom issued Executive Order N-33-20 ordering all residents to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors as defined by the federal Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”).

California Governor Newsom Issues Statewide Stay at Home Order

On March 19, 2020 Governor Newsom issued a statewide stay at home Order that will remain in place until further notice. To view or download a copy of Executive Order 33-20,

(H.R. 6201) FAMILIES FIRST CORONAVIRUS RESPONSE ACT: What Employers Should Know

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (“FFCRA”). The President quickly signed it into law on the same day. The Act provides paid sick time and expands the Family and Medical Leave Act to provide an extended period of unpaid or partially paid leave for qualifying reasons related to the coronavirus [COVID-19] public health emergency.

San Francisco Paid Sick Leave Expanded Due to COVID-19

Yesterday, San Francisco Mayor London N. Breed announced a “Workers and Families First Program” to offer additional paid sick leave benefits to employees who have been impacted by the COVID-19 pandemic.

Employers Beware! Settling Individual Employee Claims Will Not Bar His or Her PAGA Claims

On March 12, 2020, in the case Kim v. Reins International California, Inc., the California Supreme Court addressed the issue: “Do employees lose standing to pursue a claim under the Labor Code Private Attorneys General Act (“PAGA”) … if they settle and dismiss their individual claims for Labor Code violations?” Unfortunately,

California Appeals Order Barring Enforcement of New Anti-Arbitration Law

The State of California filed an appeal last week to challenge a federal court’s order barring California from enforcing a new state law that would curtail workplace arbitration agreements. Unless the State takes some additional action,

Federal Court Explains Order Barring California From Enforcing New Anti-Employment-Arbitration Law

A federal court in Sacramento explained last week its rationale for temporarily barring the State of California from enforcing a new law, AB 51, that would curtail employment arbitration agreements. The rationale set forth in that written order of February 7,

Federal Court Extends Order Barring California From Enforcing New Anti-Employment-Arbitration Law

A federal judge in Sacramento has continued an order that temporarily bars the State of California from enforcing a new state law that would curtail employment arbitration agreements. The new law,

New Year, New Minimum Wage

Effective January 1, 2020, California’s minimum wage rate increased to $13.00 per hour (from $12.00) for employers with 26 or more employees and $12.00 per hour (from $11.00) for employers with 25 or fewer employees.

Court Blocks Ban on Mandatory Arbitration Agreements in Employment

Mandatory arbitration agreements in California employment have been granted a stay of execution. For now. Earlier today, a federal judge in California issued a temporary restraining order enjoining enforcement of AB 51,

Religious Employer Prevails Over Allegations That it Waived Religious Entity Exemption From FEHA

In 2018, this author blogged about how religious entities can navigate the potential traps when they seek to comply with the federal laws against anti-harassment, discrimination and retaliation laws by adopting handbook policies and training their employees,

Even Unintentional Disability Discrimination is Actionable in California

In a decision that may lead employers to feel a little less gratified on Thanksgiving Day, a California appellate court determined last week that “even a legitimate company policy, if mistakenly applied,” can lead to liability for disability discrimination in the Golden State.

New California Law Will Outlaw “No-Rehire” Provisions in Settlement Agreements

I have discussed in the past how the use of “no-rehire” provisions in settlement agreements between employers and their former employees were coming under attack in court. In 2015, the Ninth Circuit in Golden v.

New Laws that Will Significantly Impact the Litigation of Employment Disputes

The October 13, 2019 deadline for Governor Newsom to take his final actions in the 2019 legislative season has come and gone and as expected, he signed into law a number of employment-related bills.

The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action

On September 12, 2019, the California Supreme Court issued its decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”). In analyzing whether the Plaintiff’s lawsuit could be compelled to binding arbitration under the arbitration agreement she entered into with her employer,

California Employers Have Another Year To Comply With New Mandatory Sexual Harassment Prevention Training Requirements

Last year, new California legislation effective January 1, 2019 expanded the mandatory sexual harassment prevention training requirements for California employees. That law required that, by January 1, 2020, employers with 5 or more employees must provide their supervisory employees with two hours of classroom or other effective interactive training and education AND must provide their non-supervisory employees with one hour of classroom or other effective interactive training and education.

Ninth Circuit Clarifies the Interactive Process Does Not Apply to Public Accommodations under Title III

The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore possible accommodations,

Will Assembly Bill 5 – and the Answer to the Question of … What Test Applies When Classifying Independent Contractors … Make it to the Governor’s Desk this Year?

If you’re like me – and thousands of other attorneys, business owners, and individuals in California – you’ve probably been following the progress of Assembly Bill (“AB”) 5 and holding your breath and wondering with anticipation if Governor Newsom will sign the Bill if it makes it to his desk.

The Request and Use of Background Checks by California Employers

By Shauna Correia and Nicholas Ma Many employers routinely conduct background checks of potential and current employees. It comes as no surprise that in the current digital age, employers can obtain extensive background information on applicants and employees quicker than ever from third-party reporting companies.

Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

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.

AB 51: Another Attempt to Take Down Mandatory Arbitration Agreements in California

Background Mandatory arbitration agreements are a source of contention in employment law. However, since 2000, they are generally permissible in California. In response, the California Legislature has made repeated efforts to ban such agreements over the years.

California Supreme Court Holds that Payroll Services Provider ADP Cannot Be Sued for Breach of Contract, Negligence, and Negligent Misrepresentation by a Former Employee Seeking Unpaid Wages

Can an employee sue the employer’s payroll service for failure to correctly process and report payroll? According to the California Supreme Court recent decision in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817,

New DFEH Notice and Certification Related to Medical Leaves and Parental Leaves under California Law

California employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued two new documents that are relevant to the administration of an employee’s leave under these laws.

Do California Employers Have Any Scheduling Flexibility Options Left?

Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. Last month, my partner Lukas Clary blogged about the recent California Supreme Court case,

Employees Are Entitled to Reporting Time Pay if Required to Call In to Confirm Shifts

Figuring out how many employees to schedule each day can be an inexact science. Unexpected surges or lulls in customers, employee absences due to illness or emergencies, and various other circumstances can impact personnel needs.

Co-Worker Non-Solicitation Provisions in Jeopardy?

For years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer.

Neutral Services 2019: A New Year that Brings New Training Obligations

The Labor and Employment Law Blog While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment,

New Year, New Minimum Wage

Effective January 1, 2019, California’s minimum wage rate increased to $12.00 per hour (from $11.00) for employers with 26 or more employees and $11.00 per hour (from $10.50) for employers with 25 or fewer employees.

Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system.

Now Available! Weintraub Tobin’s 2019 Labor and Employment Seminar and Training Schedule

Trademark Registration and the Presumption of Secondary Meaning

The U.S. Court of Appeals for the Federal Circuit was recently tasked with reviewing determinations made by the International Trade Commission (“ITC”) relating to trade infringement claims brought by Converse, Inc.

Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

Well September 30, 2018 has come and gone. As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term.

To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills

The September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk.

Michael Jackson, Commercial Speech and Anti-SLAPP Motions

A California appellate court recently dealt a blow to fans of Michael Jackson who brought a class action alleging unfair competition and violations of the Consumers Legal Remedies Act (“CLRA”) in connection with the sale of an album titled simply “Michael” following the singer’s death.

Good News Employers – There are Now Some Answers to Your Questions About the Recent Law Prohibiting Use of Prior Salary History

On July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 – codified in Labor Code section 432.3).

California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment

Under California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or slander.

NLRB Provides Guidance Regarding Permissible Policies – Are Your Policies Compliant?

Back in December, Beth West informed our readers that the NLRB had issued new (and more realistic) guidelines for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”).

Do You Own a Hotel? – New Regulations Going Into Effect

In January, the Cal/OSHA Standards Board (OSHSB) adopted new regulations intended to prevent and reduce workplace injuries suffered by housekeepers in the hotel and hospitality industry. The new regulations, which go into effect on July 1st,

New California Regulations on National Origin Going Into Effect

As any reader of our blog knows, California employers are prohibited from discriminating on the basis of national origin (among other classifications). The Fair Employment and Housing Commission (“FEHC”) recently issued new regulations,

Ninth Circuit Rejects “General Possibility” of Infringement Theory

Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them.

San Francisco’s New Rules for Enforcing its Paid Sick Leave Ordinance

On May 7, 2018, the San Francisco Office of Labor Standards Enforcement (OLSE) published 14 new rules for interpreting the San Francisco Paid Sick Leave Ordinance (“PSLO”). The PSLO was amended on January 1,

GOOD NEWS EMPLOYERS – The U.S. Supreme Court Says You Can Require Class Action Waivers In Your Arbitration Agreements

On May 21, 2018, the United States Supreme Court issued its much anticipated decision in Epic Systems Corp. v. Lewis. In a 5-4 decision written by the newest jurist, Justice Gorsuch,

The California Supreme Court Makes It More Difficult to Classify Workers as Independent Contractors – Assumes all Workers are Employees

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.

Are You Doing it Right? California Supreme Court Clarifies Overtime Rate Calculations

It is an old joke that the world can be divided into people who are good at math and those who go to law school. Whether you believe the joke or not,

Medical Cannabis Users May Soon be Protected Under FEHA – AB2069

Assembly Bill (“AB”) 2069 was introduced by the California Assembly on February 7, 2018. Currently, California employers can deny employment or impose discipline on cannabis users, regardless of whether such use is for medical purposes.

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Beware. Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.

Protecting Your Religious Entity Exemption Under the FEHA While Complying With Other Laws

We all understand the common meaning of the word “employer.” In California, “employers” need to keep track of the various rules and regulations, all of which have their own definitions of the word.

Trap for the Unwary: Elimination of the Position as Opposed to Termination for Cause

Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause. Position eliminations and reductions in force allow an employer to say goodbye to an employee without having to lay out the reasons for the separation on the employee’s door step.

California Fair Pay Act Confusion – Understanding California Labor Code Section 1197.5

The following discussion concerns the California Fair Pay Act, and how to apply it. If you are unfamiliar with the Act, you may wish to begin by reading this blog. I get calls from employers asking: “When I group my employees by substantial similarity of work,

Neutral Services: We Help You Connect the Pieces

Settling Individual Labor Code Violations Kills PAGA Claims

On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and dismissed his individual claims against his employer.

DLSE Issues New Guidance on Rest Breaks – Is Your Handbook Up to Date?

The Division of Labor Standards Enforcement (“DLSE”) recently issued updated guidance regarding rest breaks that reverses its previous position, which permitted employers to require that employees stay on work premises during their rest periods.

Now Available! Weintraub Tobin’s 2018 Labor and Employment Seminar and Training Schedule

New Transgender Rights Poster Required for California Workplaces

By Michelle Covington On October 15, 2017, California’s Governor Jerry Brown signed SB 396 into law, requiring new training and posters for California employers. Currently, California law requires employers with 50 or more employees to provide at least 2 hours of sexual harassment training to supervisors every two years.

California Governor Signs “New Parent Leave Act”

By Michelle Covington On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a new child.

State-Wide BAN THE BOX Law No More Criminal Conviction Questions on Employment Applications

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be contained in Section 12952 of the California Government Code.

No More Questions About, Or Use Of, Prior Salary Information In Employment

On October 12, 2017, Governor Brown signed Assembly Bill 168. Consistent with some other state laws and local ordinances passed by certain municipalities like San Francisco, the new law prohibits the inquiry and use of prior salary information except in limited situations.

US OSHA Opens Injury Tracking Electronic Portal

The U.S. Occupational Safety and Health Administration (U.S. OSHA) has established a new electronic portal for employers to file web based reports of workplace injuries or illnesses. Read the full article at HRUSA here: http://blog.hrusa.com/blog/us-osha-opens-injury-tracking-electronic-portal/

Obama’s Overtime Rule Struck Down By Court

By Michelle Covington A Texas federal court struck down a rule that would have expanded those eligible for overtime pay. The Department of Labor’s rule would have required overtime pay to most salaried employees who earn less than $47,476 annually.

ATTENTION EEO-1 EMPLOYERS –YOU DON’T HAVE TO REPORT PAY DATA TO THE EEOC IN MARCH 2018 AFTER ALL

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness of those aspects of the EEO-1 form that were revised on September 29,

New Nevada Domestic Violence Leave Law Broader Than FMLA

Beginning January 1, 2018, a Nevada employee who has been employed for at least 90 days and who is a victim of an act of domestic violence or whose family member or household member is a victim of an act of domestic violence (provided the employee is not the perpetrator),

New Florida Law Allows Patients To Use More Potent Pot

High times at Florida workplaces may or may not become more prevalent with a new law that allows the medical use of stronger marijuana by a greater number of patients. The legal use of medical marijuana is not completely new there.

San Francisco Adopts the “Parity in Pay” Ordinance – No More Inquiries About or Disclosures of Prior Salary

On July 19, 2017 Mayor Lee signed the Parity in Pay Ordinance. Below is a brief summary of the Ordinance which will go into effect on July 1, 2018. The Ordinance provides findings from the 2015 United States Census Bureau report that show that in San Francisco women are paid on average 84 cents for every dollar a man makes.

Revised Form I-9 Issued by the USCIS

On July 17, 2017, the United States Citizenship and Immigration Service (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification. Instructions for how to download Form I-9 are available on the USCIS Form I-9 page.

Employers May Not Have To Share Tips With Employees

Introduction Imagine this scenario – you have hired a catering company to cater an event for you. The company performs its obligations, providing both the food and catering staff to ensure your attendees are well fed and taken care of.

DON’T FORGET…….California’s Transgender Identity and Expression Regulations Go Into Effect July 1, 2017

The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017. As California employers know, FEHA prohibits harassment and discrimination against individuals on the basis of many protected classes,

No Recording Policy Violates The NLRA

It stands to reason that employers may not want employees recording conversations in the workplace. Recording conversations could discourage the free flow of open ideas. The recordings could also contain confidential or sensitive information that the employer does not want floating around the digital universe.

New Laws Affecting New York City Retail And Fast Food Workers

By: Katie A. Veatch On May 30, 2017, the Mayor of New York City (“NYC”) signed into law five bills related to workplace reform in the retail and fast food industries.

Is Panic Really the Best Choice? One Lawyer’s Approach to Analyzing “Substantially Similar Work” Under the California Fair Pay Act

Since the passage of the California Fair Pay act in late 2015 (effective January 1, 2016) and its recent amendments, many employers and commentators have criticized the statute for imposing a vague and dangerous standard on California employers.

Texas Bus Monitor Termination For Incontinence Is Discrimination

In Green v. Dallas County School District, a Texas jury found that a Dallas County School District (the “School District”) violated Texas disability discrimination laws when it fired a bus monitor who lost control of his bladder on a school bus.

Colorado Payroll Information May Become Public Record

On April 13, 2017, Governor John Hickenlooper approved Colorado House Bill 17-1021 (“HB 17-1021”) which amends Section 8-1-115 of the Colorado Revised Statutes. In summary, HB 17-1021 provides that the information an employer provides to the Colorado Department of Labor and Employment (“CDLE”) in connection with complaints and investigations into violations of the State’s wage and hour laws can be treated as a public record and released to the public pursuant to the Colorado Open Records Act,

Private-Sector Comp Time – Don’t Count On It!

By Jessica A. Schoendienst Compensatory time off or “comp time” is paid time off that is provided to employees instead of overtime pay. Comp time has been used by public employers for decades.

Recent NLRB Decisions On Email And Protected Activities

By: Michelle L. Covington A recent National Labor Relations Board (NLRB) decision affirmed the Board’s position on employer email policies under the National Labor Relations Act (NLRA). In Purple Communications, Inc.

California Employers – Revised Wage Orders Posted

By Jessica Schoendienst The California Department of Industrial Relations (DIR) updated all but Wage Order 14 and 17 recently. The DIR regulates wages and hours for employees. The Division of Labor Standards Enforcement (DLSE) enforces the provisions of the wage orders,

Managing Your Business Under Mandatory Evacuation

Imagine this: Your business lies within a zone that is subject to a mandatory evacuation order from emergency response and law enforcement officials. Imagine that the evacuation order arises from a fire or imminent flooding.

Federal Court Prohibits Sexual Orientation Discrimination

Introduction For the first time, a federal appellate court has determined that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”).

Employers May Be Liable For Violence Away From Work

Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against the harm was owed.

Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability

As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’” The U.S.

Pennsylvania Employers Can Pay Wages With Payroll Cards

By Jessica Schoendienst Pennsylvania’s Wage Payment and Collection Law requires employers to pay all wages, other than fringe benefits and wage supplements, due employees on regularly scheduled paydays designated in advance by the employer in cash,

Sexual Orientation Discrimination Not Recognized Under Title VII

Federal law has long prohibited discrimination based on a person’s sex. In recent years, several courts have held that discrimination based on failure to conform to a gender stereotype is a form of prohibited sex-based discrimination.

Changing Overtime Policy May Constitute Retaliation

They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed by an employee alleging retaliation in violation of the Fair Labor Standards Act (“FLSA”).

Word to the Wise: Commission Paid Employees

For several years, California law has required that whenever an employer hires an employee and “the contemplated method of payment of the employee involves commissions … the contract shall be in writing and shall set forth the method by which the commission shall be computed and paid.

Push Back On Local Minimum Wage And Paid Sick Leave

By Michelle Covington Over the past several years, many municipalities have taken labor and employment matters into their own hands, passing local laws requiring a higher minimum wage or paid sick leave beyond that required by the state or federal government.

Trump Withdraws Transgender Bathroom Guidance

In May 2016, North Carolina governor Pat McCrory signed into law a bill (HB2) that required transgender people to use restrooms corresponding to their biological sex. On May 13, 2016, the Obama administration’s Justice Department and the Department of Education responded by sending letters to U.S.

Commissioned Employees Required to Receive Separate Compensation for Rest Breaks

By Jessica Schoendienst A California appellate court ruled this week in Vaquero v. Stoneledge Furniture, LLC (No. B269657, filed February 28, 2017) that employees paid on commission are entitled to separate compensation for rest breaks.

Hugs and Kisses May Not Spur Affection in the Workplace

In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace.

EEOC Harassment Guidance Receives Much-Needed Update

By Michelle L. Covington The Equal Employment Opportunity Commission (EEOC) recently reported that between fiscal years 2012 and 2015, private sector charges of harassment increased to account for 30% of all charges of discrimination received by the EEOC.

Unauthorized Downloading and Copyright Infringement

Liability for copyright infringement can result when one downloads protected software without the copyright owner’s authorization. The Ninth Circuit was recently tasked with exploring the scope and reach of copyright protection in such cases in Design Data Corp.

New York Governor Continues To Strengthen Equal Pay Protections

By Vida L. Thomas On January 9, 2017, New York Governor Andrew Cuomo announced his new “New York Promise” agenda, a sweeping package of reforms that the Governor promises will “advance principles of social justice,

Washington Raises Minimum Wage And Provides Paid Sick Leave

In November 2016, Washington voters approved Initiative Measure No. 1433 (“IM 1433”) which provides for an incremental increase to the state minimum wage as of January 1, 2017 and also provides for paid sick leave benefits beginning January 1,

Neutral Services: Mediation

Increases To New York Minimum Wage And Salary Thresholds

While the Department of Labor may have stayed any national increases to the minimum exemption salary thresholds for the time being, New York employers have not been granted the same reprieve.

DON’T THROW OUT YOUR CLASS-ACTION WAIVERS JUST YET

The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements between employers and their employees.

Emotional Distress Damages Allowed Under FLSA

Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act. In a December 19, 2016 opinion,

New Year, New Laws

Happy New Year! The new year frequently marks new changes in the law, and this year is no exception. There are several important changes that went into effect on January 1st.

Things You Hope You Will Never Need to Know: Liability Arising from Serious Workplace Injury

Liability arising from serious workplace injury can be divided into four general categories: (1) worker’s compensation; (2) administrative agency (OSHA); (3) criminal liability; and (4) other civil liabilities. Worker’s Compensation Worker’s compensation is,

Arizona’s New Independent Contractor Declaration Law

On August 6, 2016, the Arizona State Legislature enacted the “Declaration of Independent Business Status” law (“DIBS”). The DIBS added Chapter 10 to Title 23 of the Arizona Revised Statutes (Arizona’s “Labor” statute).

Top Reasons to Mediate Employment Disputes

As an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation. Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which federal and state laws and court rules mandate the process (and often the outcome),

Holiday Horror Series: Part 3 – Holiday Parties: An HR Nightmare!

By Melissa M. Whitehead It’s that magical time of year! Time for hot cocoa, warm fires, glad tidings – and office holiday parties! Office holiday parties are a time for co-workers to relax and for employers to show appreciation to employees,

Now Available! Weintraub Tobin’s 2017 Labor and Employment Seminar and Training Schedule

White House Calls for Restrictions to Curb Non-Compete Agreements

The White House has issued new information about its policy position on non-competes, including a call to action from President Obama to state and federal lawmakers to curb and limit non-compete agreements.

EEOC Issues Guidance on National Origin Discrimination

Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on National Origin Discrimination last week.

Texas Federal Court Permanently Blocks Persuader Rule

As previously reported here, earlier this year a federal district court in Texas issued a preliminary injunction preventing the Department of Labor (“DOL”) from enforcing the new Persuader Rule, which was to go into effect as of July 1,

Employers, Give Thanks! Texas Court Blocks New Overtime Rule

By Jessica Schoendienst Thanksgiving comes two days early for employers across the country who anticipated the new Department of Labor (“DOL”) overtime Final Rule creating significant pre-holiday expenses. For those employers,

New Marijuana Laws And The Workplace

By: Melissa M. Whitehead Last week, voters in seven states passed new laws relating to marijuana use, both recreational and medical, which has left many employers wondering what this means to them.

Homeland Security Issues New I-9 Form

On November 14, 2016, The Department of Homeland Security (through USICS) released a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 (with a revision date of 03/08/2013) through January 21,

7th Circuit To Revisit Title VII Sexual Orientation Discrimination Ruling

By Vida L. Thomas On October 11, 2016, the U.S. Seventh Circuit Court of Appeals granted en banc (by the full court) review in Hively v. Ivy Tech Community College. This rare move means that the entire Seventh Circuit court will reconsider its previous decision,

California’s New Law Restricts Choice of Law and Forum Selection Provisions in Employment Agreements

On September 25, 2016, Governor Brown approved a very short but powerful piece of legislation for California employees who work for employers who are based outside of California and wish to have another state’s laws govern the employment relationship.

California Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain Employees

On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces,

Disparate Impact Does Not Protect Job Applicants

On October 5, 2016, the Eleventh Circuit held in Villarreal v. R.J. Reynolds Tobacco Co., that an unsuccessful job applicant cannot sue a prospective employer under the Age Discrimination in Employment Act (ADEA) for a disparate impact claim.

Unpaid Work Time Is Not Offset By Voluntary Payment

Almost all employers are business people. They are used to credits and debits in handling and accounting for commercial accounts, they are used to the application of credit in one transaction to make up for a shortfall in another.

Weintraub Tobin’s L&E and IP Blogs recognized as “Top 100 Legal Blogs” By Feedspot Blog Reader

New DOL Overtime Rules And The Fluctuating Workweek

Unless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective.

“Convincing Mosaic” Not Required In 7th Circuit

Since its 1994, decision in Troupe v. May Department Stores Co., 20 F.3d 734 (7th Cir. 1994), the Seventh Circuit has instructed the district courts within its boundaries (including those in Illinois) to look for evidence that creates “a convincing mosaic of discrimination” in considering summary judgment motions in employment discrimination cases.

More Pitfalls For Misclassifying Employees | Weintraub Tobin

The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an independent contractor,

States And Congress Challenge New Overtime Rules

As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back.

University Student Assistants Are Employees Under NLRA

On August 23, 2016, the National Labor Relations Board (NLRB) issued a decision in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW.

Ninth Circuit Weighs In On Class Action Waivers

By Jessica A. Schoendienst A new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements.

Illinois’ “Child Bereavement Leave Act”

On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child.

NLRB Revises Back Pay Formula

In a 3-1 ruling, the National Labor Relations Board (“Board”) recently revised its back pay formula and radically departed from its traditional remedy for compensating employees who have been unlawfully terminated.

Nevada Employers: Your Non-Compete May Be Invalid

By: Melissa M. Whitehead The Nevada Supreme Court recently issued a ruling that should have all Nevada employers asking an attorney to review the non-compete clauses they require their employees to sign.

Non-Competes May Be Assigned To Successor Employers

It is a situation that arises often. Company A sells its assets to Company B. After the sale, some employees stay with Company B, and others leave. What happens to the agreements the departing employees signed with Company A?

PAGA Amendments Not the Solution Employers Need

By: Jessica Shoendeist California employers hoped for significant changes following Governor Brown’s budget proposal that called for the Labor and Workforce Development Agency (LWDA) to have more oversight of claims made under the Private Attorneys General Act of 2004 (PAGA).

Beware – Reporting Wage & Hour Violations Just Got Easier

The California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’ alleged labor law violations.

The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016

On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA),

OSHA’s Fact Sheet Providing Guidance to Employers To Protect Workers from Exposure to the Zika Virus

OSHA’s Fact Sheet providing guidance for protecting workers from occupational exposure to the Zika virus explains that the Zika virus is primarily spread through the bites of infected mosquitoes and that mosquitoes can become infected when they bite infected persons and then spread the Zika virus to other persons they subsequently bite.

The EEOC’s Final Rules On Employer Wellness Programs

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued two final rules confirming that employers can offer limited incentives (in the form of a reward or avoidance of a penalty) to encourage employees and their spouses to participate in workplace wellness programs.

NLRB Panel’s Strict Interpretation Of “You’re Fired”

On July 14, 2016, a three-member panel appointed by the National Labor Relations Board (“NLRB”) reversed an Administrative Law Judge decision in favor of the employee. The Panel found that a complaining employee who was told he was “fired” in a meeting and subsequently told he was not fired after the meeting on the same day,

EEOC Urges Employers To Revamp Harassment Prevention Practices

On June 20, 2016, the Co-Chairs of the EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a 130-page report detailing its findings after 14 months of study of workplace harassment.

Trucking Company Found In Violation Of WARN Act

Often times, when a company acquires another company, it does not wish to retain all of the other company’s employees. The employees who do not get brought on board often end up out of work.

DOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your Workplace

In July 2016, the federal Department of Labor (DOL) updated two posters that employers are required to post in the workplace. The “Employee Rights under the Fair Labor Standards Act” poster;

Restaurant’s Fee Deduction Program Violates FLSA

Employers whose workers earn most of their compensation through tips, such as restaurant employees, know that they walk a fine line to ensure compliance with the Fair Labor Standards Act (“FLSA”) and numerous other laws.

New Jersey Court Limits Employer Ability To Contract

The New Jersey Supreme Court says no, or rather not so short. The Court unanimously held that employers cannot contractually shorten the two-year statute of limitations period for private claims under the New Jersey Law Against Discrimination (“LAD”).

Window Closes Today! Employer Should Provide Notice Before this Opportunity is Gone!

Fee Limits Ruled Unlawful in Florida Workers’ Comp Cases

In a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions.

Neutral Services: We Help You Connect The Pieces

Employee Requests For Payroll Records: Haste Makes, er, a Hash of Things

Conventional wisdom notwithstanding, employers are people or, if they are not, they are staffed by people. People often take short cuts. HR workers are no different from anybody else. They are prone to take the shortest distance between two points.

OSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor (DOL) adjusted penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).

Federal Judge Blocks The Department Of Labor

Persuader Rule Fails To Persuade Federal Judge In Texas Last week a federal court in Texas issued a nationwide ban preventing the Department of Labor (“DOL”) from enforcing its recently proposed Persuader Rule.

Seventh Circuit Finds Class Action Waivers Unlawful

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit in Lewis v. Epic Systems Corporation, held that when an employer conditions continued employment upon the signing of a class or collective action waiver in an arbitration agreement,

EEOC Issues Proposed Guidance On National Origin Discrimination

The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”

The EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v.

OFCCP Issues New Rule Regarding Sex Discrimination For Federal Contractors

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced publication of a Final Rule in the Federal Register that sets forth the requirements that covered contractors must meet under the provisions of Executive Order 11246 prohibiting sex discrimination in employment.

Pennsylvania’s New Medical Marijuana Law And The Workplace

Employers in Pennsylvania may or may not be enjoying high times as that state’s Medical Marijuana Act (“MMA”) went into effect on May 17, 2016. This new law allows patients to use marijuana to treat autism,

DOL Updates the Minimum Salary for Exempt Employees

Are you sure you’re paying your exempt employees enough? Even if you are right now, you might not be come December 1, 2016. The U.S. Department of Labor unveiled today its long-awaited Final Rule updating the definitions of most types of exempt employees under federal law.

Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”).

Pull up a Chair: California Supreme Court Weighs in on Suitable Seating

To sit or not to sit, that is the question. And now the California Supreme Court has given us an answer. Well, sort of. They have told us how to find the answer.

Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An Employee’s Breach of Duty To A Former Employer

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and abetted the former employee’s breach of duty he/she owed to his/her former employer.

Warning! Know Your Payroll Service Contract!

Many – maybe even most – contracts issued by major payroll processing services contain traps for the unwary. Many employers I speak with turn over all payroll processing responsibilities, including issuance of accurate checks and wage statements and record storage,

Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law

On April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program.

California Increases Minimum Wage – Prepare Now to Avoid Future Liability!

By Jessica Schoendienst California lawmakers, union supporters, and Governor Brown have come together to increase California minimum wage to $15.00 over the next several years. Governor Brown signed the law only one week after he announced that legislators and labor leaders negotiated a deal behind the scenes.

News Flash: San Francisco To Require 6-Weeks Paid Parental Leave

By: Darrell P. White On April 5, 2016, the San Francisco Board of Supervisors unanimously passed an ordinance requiring local businesses to effectively provide their employees with six-weeks of fully-paid parental leave.

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

By: Labor and Employment Group Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable “oversharers” on your friends list (we all have them).

DFEH Releases New Guidance Regarding Transgender Employees

The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act (“FEHA”).

Avoid These Three Investigation Traps!

By: Vida L. Thomas Conducting workplace investigations is not easy. The process is filled with land mines that can trip up even the most experienced investigator. Although there are many mistakes I’ve seen investigators make,

Employers Can Demand Departing Employees Repay Training Costs

Training new employees is expensive. That is particularly true when an employer offers to pay for an employee’s educational training. The benefits of doing so include a more educated and well-trained workforce,

New Guidance from the DOL Regarding Joint Employment

In an effort to clarify the circumstances that may create a joint-employment relationship, the U.S. Department of Labor issued an Administrator’s Interpretation this week. This Administrator’s Interpretation, which can be found at this link,

California’s Minimum Wage Increase: The Impact May Be Broader Than Employers Think

By: Melissa M. Whitehead Effective January 1, 2016, California has increased its minimum wage from $9 per hour to $10 per hour. This is the second increase to the state minimum wage in the past year and a half.

Happy New Year (to California Employees)

The year-end holidays tend to be a time when employers and employees are either winding down for the year or making one last big push to close the year strongly. California employers should make time this week,

Ninth Circuit Allows EEOC To Obtain Private Employee Information During Investigations

The Ninth Circuit recently held that during an EEOC investigation, employers can be forced to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of their employees or employment applicants.

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman (2015) 241 Cal.App.4th 610,

California’s New Equal Pay Laws Promise to Bring More Litigation

Equal pay claims just got a lot tougher to defend in California. Last month, Governor Jerry Brown signed SB 358, a new law which aims to curb a statewide pay disparity between men and women.

There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit

On October 14, 2015, the California Second District Court of Appeal held in Sharif v. Mehusa, Inc. that both the employee and the employer can be deemed “prevailing party” for purposes of recovering attorneys’ fees under the Labor Code.

Employment News Alert: Two Key Employer Victories

By: The Labor and Employment Group Sunday, October 11, 2015 was the deadline for the Governor to act on bills that were passed by the legislature. There were two bills the Governor rejected that are seen as key victories for employers.

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

By: The Labor and Employment Group When people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind……..

California Legislature Attempts to Ban Employment Arbitration Regarding Labor Claims

On August 31st, the California Legislature passed a new bill (AB 465) to ensure that waivers of employment rights and procedures, often through arbitration agreements, are made voluntarily and not as a condition of obtaining or keeping employment.

Labor Commissioner’s First Opinion Letter On California’s New Paid Sick Leave Law

On August 7, 2015, the California Labor Commissioner issued its first opinion letter on one discrete issue under the California Health Workplaces Healthy Families Act which requires employers to provide paid sick leave to employees.

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA.

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle the case following the U.S.

Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage in protected activity for purposes of a FEHA retaliation claim.

The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families Act

The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers. Below is a brief summary of two bills recently signed by the Governor – one that amends the new mandatory sick leave law,

California Legislature Moves Closer to Expanding the Family Rights Act

By: Labor & Employment Group On June 24, 2015 California’s Senate Bill 406 was passed by the Senate and has been sent to the Assembly Committee on Appropriations. If passed this bill would implement changes to the California Family Rights Act (“CFRA”).

The U.S. Supreme Court Has Spoken – The 14th Amendment Requires States to Recognize Same Sex Marriage

In a 5-4 decision authored by Justice Kennedy and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, the United State Supreme Court issued a landmark decision in Obergefell at al. v.

OSHA Has Issued its Best Practices Guidelines Entitled “A Guide to Restroom Access for Transgender Workers”

By: Lizbeth (“Beth”) V. West At a time when the world is reading about Bruce Jenner’s gender transition to Caitlyn Jenner, the federal Occupational Safety and Health Association (OSHA) has issued its best practices guidelines regarding providing restroom access for transgender employees.

Supreme Court Issues its Decision in EEOC v. Abercrombie & Fitch Stores Answering the Question: When Does an Employer Have to Accommodate an Applicant’s Religious Practices?

by Lizbeth (“Beth”) V. West Abercrombie & Fitch (AF) refused to hire Samantha Elauf, a practicing Muslim, on the basis that the headscarf she wore during her interview conflicted with AF’s “Look Policy” which prohibits employees from wearing “caps” (a term that the Policy did not define).

REMINDER – Notices to Employees Under Labor Code Section 2810.5

By Chuck Post Are you telling new hires and those currently employed all that you are required to tell them? Below is a link to the Department of Labor Standards Enforcement Notice to Employee form which employers may use to fulfill their obligations under Wage Theft Protection Act that passed several years ago.

U.S. Supreme Court Issues Decision in Young v. UPS

By Beth West The United State Supreme Court issued its much anticipated decision in the case of Young v. UPS on March 24, 2015. As of now, Young’s pregnancy discrimination claim remains alive and well.

Same-Sex Marriage Partners Now Covered by FMLA

By: Labor and Employment Group On February 25, 2015, the United States Department of Labor issued new rules designed to revise the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”).

Arbitration Agreements Can Backfire on Employers

By Brendan Begley It is no secret that arbitration agreements may greatly reduce the risks that many employers face in disputes with employees. For example, when used correctly, such agreements can curb exposure to class actions by forcing employees to arbitrate disputes on an individual basis instead of a class basis.

Why Employers Should Think Twice Before Making Employees Play Hurt

By Anthony Daye Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin,

U.S. Supreme Court Declines Review of California’s Iskanian Decision – California State and Federal Courts Remain Divided on PAGA Waivers

By Labor & Employment The U.S. Supreme Court has declined to review California high court’s landmark decision in Iskanian v. CLS Transportation Los Angeles, which held that arbitration agreements with mandatory class waivers are generally enforceable,

What to Do When Your Employee is Accused of Domestic Violence

By Meagan Bainbridge Unless you have been living under a rock the last few months, you have undoubtedly heard about the incident that took place between Ray Rice and his fiancée in an Atlantic City elevator,

California Expands Leave Requirements for Emergency Rescue Personnel

By: Labor and Employment Group On September 15, 2014 Governor Brown signed AB 2536, which implements changes to California Labor Code section 230.3. Prior to the passage of this bill, California law prohibited employers from discharging or discriminating against employees for taking time off to perform emergency duty as a volunteer firefighter,

New Class Certification Opinion: California Employers – Reimburse Your Employees for Cell Phone Expenses

By: Labor & Employment On August 12, 2014, the California Court of Appeal issued a short, but interesting decision that may trigger a new wave of class action lawsuits against California employers.

California Supreme Court Clarifies Employers’ Right to Litigate Affirmative Defenses in Class Actions

By: Labor & Employment On May 29, 2014, the California Supreme Court in Duran v. U.S. Bank National Association clarified employers’ rights in defending against employee misclassification class action cases. The Court held that in defending against such claims,