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:
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…
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…
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.…
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…
On Friday, October 6, 2023, Weintraub shareholder and employment attorney Lizbeth “Beth” West will present at the 2023 AWI Annual Conference on the use of artificial intelligence during workplace investigations. She joins the General Session panel on day three of the event. The Association of Workplace Investigators 2023 Annual 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…
On September 6, 2023, Weintraub employment attorney Ryan Abernethy will present to the Financial Executives International (FEI) Sacramento Chapter on, “Employment Law Risk Mitigation Strategies: From Class Action Lawsuits to Internal Investigations.” The presentation will cover wage and hour class action and PAGA lawsuit prevention strategies, internal investigations, and independent…
On 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…
Like other employment claims in recent times, we are seeing more retaliation and “whistleblower” claims against California employers. Employers need to know what to listen for or they can find themselves accused of retaliating against a “whistleblower.” On April 12th, Lukas Clary, Meagan Bainbridge, and Jacqueline Simonovich of Weintraub Tobin’s…
On 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.,…
In January of 2023, Weintraub Tobin’s Labor and Employment Group hosted the two part Employment Law Update 2023 seminar series. The Group’s attorneys discussed important legal developments from 2022 and reviewed a number of new laws and case law developments impacting employers in 2023. Part one of the series was hosted on January 11th,…
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 is pleased to announce that Lizbeth “Beth” West has been selected by the Sacramento Business Journal to serve as a mentor at their 11th Annual Mentoring Monday. The event, held on Monday, February 26, 2024 at the Sierra College Campus Center, provides opportunities for attendees to network and…
Weintraub Tobin is pleased to announce that Ryan E. Abernethy and Justin M. Borrowdale have been named as shareholders in the law corporation. Ryan Abernethy successfully represents businesses in a broad range of litigation and employment matters. He is experienced in all areas of employment litigation, including the defense of…
Weintraub Tobin is pleased to be named in multiple practice areas and metropolitan areas in the 2024 edition of Best Law Firms®, including eight Tier 1 rankings. Weintraub Tobin was named a Metropolitan Tier 1 firm for the following practice areas in the 2024 edition of Best Law Firms: Business…
Weintraub Tobin was proud to support Habitat for Humanity’s 2023 Hard Hats and High Heels Gala. The annual event, celebrating its 10th anniversary this year, raised a record-breaking $497k to help support the work of Habitat for Humanity in addressing the affordable housing crisis in the Greater Sacramento Region. Several…
Weintraub Tobin is pleased to announce that 25 of its attorneys have been recognized in the 2024 edition of The Best Lawyers in America®, and eight attorneys have been named to the 2024 edition of the Best Lawyers: Ones to Watch in America. Three attorneys have also named “Lawyer of…
Weintraub Tobin is pleased to announce that 31 of its attorneys have been selected to the 2023 Sacramento Magazine Top Lawyers list. Weintraub’s attorneys are recognized in various categories, including Business/Corporate law, Employment & Labor law, Estate Planning & Probate law, and Real Estate law. The complete roster of Weintraub…
Weintraub Tobin is pleased to 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.
On June 7, 2023, Shauna Correia secured a Final Arbitration Award dismissing, with prejudice, an employment arbitration action (JAMS) against her client, and secured an award of monetary sanctions, jointly and severally, against the claimant and his counsel.
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…
Pictured: Lillian Samuel, BBBSBA President; Shauna Correia, Weintraub Shareholder Weintraub Tobin was proud to return as a sponsor for the 8th Annual Golf for Kids’ Sake tournament benefiting Big Brothers Big Sisters of the Bay Area (BBBSBA). The tournament, presented each year by Weintraub client Syserco, Inc., raises proceeds for…
At the request of the 9th Circuit, the California Supreme Court recently clarified the definition of “hours worked” under the Labor Code. In Huerta v. CSI Electrical Contractors, the employees worked at a solar power facility, which was located on privately-owned land. To reach the actual worksite, employees had to…
In late March 2024, California Assemblyman Matt Haney (D-San Francisco) introduced a bill, AB 2751, that would recognize a right for employees in California to “disconnect” or ignore communications from their employer during certain non-work hours. The Bill, in its current form, requires an employer to establish a workplace policy…
If you’re a California employer, I hope the following is not news to you. Pursuant to SB 553, most employers in California are required to put in place an effective Workplace Violence Prevention Plan (“WVPP”) by July 1, 2024. SB 553 added section 6401.9 to the California Labor Code to…
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…
California law requires private employers with 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the Civil Rights Department (CRD). This year, the pay data reporting portal opened on February 1, 2024, and employers have until…
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…
Long-time blog readers and CEN watchers will recall that for the last several years, we have been watching several cases discussing whether Private Attorneys General Act (“PAGA”) claims may be stricken as unmanageable. First, in the Fall of 2021, an appellate court determined that trial courts have inherent authority to…
Most California employers have workplace violence and safety policies as part of their Employee Handbooks, but beginning next year, these policies will need to be updated to comply with new, robust requirements. In addition, workplace violence incident logs will need to be maintained, and annual employee training will need to…
The Legislature was busy again in 2023, and the Governor signed a number of employment-related bills. This blog post is not intended to discuss the details of every employment bill that was signed into law. Instead, below is a list of certain bills employers should be aware of, and we…
On September 1, 2023, California Governor Gavin Newsom signed SB 699 into law, which will bolster California’s prohibition of non-compete agreements. The prohibition of non-compete agreements is not new news. Non-compete agreements were not enforceable prior to SB 699 being signed into law under California Business and Professions Code section…
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a decision in Stericycle, Inc., in which they adopted new rules for evaluating whether the policies related to employee conduct in employee handbooks violate the National Labor Relations Act (“NLRA”). According to Stericyle, Inc., an employer’s policy or rule…
