Labor & Employment Law

Weintraub Tobin Employment 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 Employment 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, EDD, OFCCP, OAH, and CA Civil Rights Department [CRD] – formerly known as the CA Department of Fair Employment and Housing [DFEH]), 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:

Ryan Abernethy to Speak on Workplace Violence Prevention for Ministry Pacific Insurance Services

On January 25th, the Ministry Pacific Insurance Services will host a webinar titled Workplace Violence Mandates for California’s Nonprofit Sector. Weintraub shareholder Ryan Abernethy will speak at the event on the following topics: Creating a plan to prevent and respond to workplace violence. Identifying people responsible for implementing the plan…

  • When: Jan 25, 2024 10:00 am PST – 11:00 am PST

Employment Law Update 2023/2024: Seminar Series

In January 2023, Weintraub Tobin’s Labor and Employment practice group hosted the Employment Law Update 2024 Seminar Series. The Group’s attorneys discussed important legal developments from 2023 and reviewed a number of new laws and case law developments impacting employers in 2024. Employment Law Update 2023/2024 – Part 1 of…

  • When: Jan 17, 2024 09:30 am PST – 11:30 am PST
  • Where: Weintraub Tobin Sacramento Office 400 Capitol Mall, 11th Floor Sacramento, CA 95814

L&E Seminar: Top 10 Things Employers Do (or Don’t Do) to Get Sued

Managing employees in California is not easy, and the state’s many employment laws are complicated and confusing. On October 18th, Ryan Abernethy, Lukas Clary, and Nikki Mahmoudi hosted a seminar giving guidance on how to protect your organization by avoiding some of the most common mistakes that lead to employee lawsuits.…

  • When: Oct 18, 2023 09:30 am PDT – 11:30 am PDT
  • Where: 400 Capitol Mall, 11th Floor Sacramento, CA 95814

L&E Seminar: Navigating the Complex Maze of Leave of Absence and Accommodation Laws

Navigating and administering leaves of absence in California has never been easy. Employers have to first understand which statutory leaves apply to their workplace, then ensure that they not only have policies in place regarding those leaves, but also administer those leaves properly. Often times, various leave statutes, reasonable accommodation…

  • When: Sep 20, 2023 09:30 am PDT – 11:30 am PDT
  • Where: Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

Meagan Bainbridge and Lukas Clary to Present on the Use of A.I. in Employment Decisions at the 2023 SAHRA Conference

From September 13 – 14, 2023, the Sacramento Area Human Resource Association (SAHRA) will host its annual conference for HR professionals and service providers. The event aims to connect industry professionals and offer educational sessions to keep you current on industry topics. Weintraub shareholders Meagan Bainbridge and Lukas Clary will present…

  • When: Sep 14, 2023
  • Where: 700 Event Center Drive, Roseville, CA 95678

Ryan Abernethy Presents with FEI Sacramento: Employment Law Risk Mitigation Strategies

On September 6, 2023, Weintraub employment attorney Ryan Abernethy will present to the Financial Executives International (FEI) Sacramento Chapter on, “Employment Law Risk Mitigation Strategies: From Class Action Lawsuits to Internal Investigations.” The presentation will cover wage and hour class action and PAGA lawsuit prevention strategies, internal investigations, and independent…

Meagan Bainbridge Presents at North State BIA HR Round Table

On Thursday, July 6, 2023, Meagan Bainbridge presented on the topic, “Leaves of Absence and Accommodations,” at the North State Building Industry Association (BIA) HR Round Table. Most employers know that employees may need to take leave and/or be accommodated from time to time for various reasons under California and/or…

L&E Seminar: The Risk of Retaliation Claims – It’s More Than You Think! The Various Statutes Protecting Employees

Like other employment claims in recent times, we are seeing more retaliation and “whistleblower” claims against California employers. Employers need to know what to listen for or they can find themselves accused of retaliating against a “whistleblower.” On April 12th, Lukas Clary, Meagan Bainbridge, and Jacqueline Simonovich of Weintraub Tobin’s…

  • When: Apr 12, 2023 09:30 am PDT – 11:30 am PDT
  • Where: 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

Meagan Bainbridge to Speak at National Business Institute Event on HR Law

On April 20th, 2023, The National Business Institute (NBI) hosted an event titled “HR Law: Current Issues and Best Practices.” Weintraub shareholder Meagan Bainbridge will serve on a panel alongside Labor & Employment attorneys Camille R. Bryant of McGlinchey Stafford PLLC, Nancy McCoy of Simpson, Garrity, Innes & Jacuzzi, P.C.,…

  • When: Apr 20, 2023 10:00 am PDT – 12:30 pm PDT

“California Employment News” Hits 50th Episode Milestone

California Employment News, a video and podcast series hosted by the Labor & Employment Group at Weintraub Tobin, released its 50th episode on March 19, 2024. Launched in 2022, California Employment News provides short, informational videos and podcasts that are designed to keep California employers up-to-date on legal developments in…

Weintraub Tobin Welcomes Tomiwa Aina

Weintraub Tobin is pleased to welcome Tomiwa Aina as an associate in the Firm’s Labor & Employment practice group, where she focuses on representing employers in all aspects of labor and employment law, including class actions, discrimination, harassment, retaliation, and wage and hour claims. 

WT Wins: Brendan Begley Wins Appeal in First Appellate District

Brendan Begley recently prevailed in the First Appellate District by convincing that court to reject one of its own published opinions in denying a motion to dismiss our clients’ appeal and then to spurn four published decisions from other appellate courts that would have subjected our clients’ appeal to a…

First Lawsuit Under CA’s Fair Chance Act Filed Against Ralph’s Grocery Store: A Message for CA Employers to Comply

In December 2023, the California Civil Rights Department (“CRD”) filed the first-of-its-kind lawsuit under the California Fair Chance Act (“Act”) against Ralphs Grocery Store (“Ralphs”) in the Los Angeles County Superior Court. Background Re: the Act. The Act (sometimes referred to as the “Ban the Box” law) went into effect…

Employers Beware: The Deadline to Comply with Notification Requirement of California’s New Non-Compete Law is Rapidly Approaching!

Last October, California Governor Gavin Newsom signed AB 1076 into law and it became effective as of January 1, 2024.  AB 1076 was the Legislature’s attempt to codify the California Supreme Court’s 2008 decision, Edwards v. Arthur Anderson LLP, which held that non-compete agreements in the employment context are unenforceable…