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, 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:

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. Join Ryan Abernethy, Lukas Clary, and Nikki Mahmoudi as they give guidance on how to protect your organization by avoiding some of the most common mistakes that lead to employee lawsuits. Program Highlights An…

  • 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

Seminar Series: Employment Law Update 2023

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,…

  • When: Jan 11-18, 2023

Webinar: Employment Law Compliance for the New Year

On Thursday, November 17th, the California Restaurant Association (CRA) will hold a webinar discussing employment law developments that will impact the workplace in 2023. Weintraub shareholder Lukas Clary will lead the webinar, which will cover:

  • When: Nov 17, 2022 10:00 am PST
  • Where: Webinar

Lizbeth (Beth) West to Speak at 6th Annual SHRM HR Summit

On October 18th, 2022, the Northstate SHRM will host its annual HR Summit, which aims to bring together human resource professionals, office managers, and business owners. This event will cover the best practices for HR professionals in the new work landscape formed following the COVID-19 pandemic. Weintraub shareholder Lizbeth (Beth)…

  • When: Oct 18, 2022
  • Where: 4125 Riverside Place Anderson, CA 96007 United States

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…

Weintraub Partners with Syserco, Inc. at 8th Annual Golf for Kids’ Sake

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…

CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims

Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph decision, addresses the question of whether an “aggrieved employee,” who has been compelled to arbitrate individual PAGA claims (i.e.…

Outbreak: Redefined by the California Department of Public Health

The California Department of Public Health (CDPH) has updated its definition of an “outbreak.” As previously discussed in our January 25, 2023 blog post, the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) were replaced with the COVID-19 Prevention Non-Emergency Regulations, which rely on the CDPH definition of “outbreak.” The Non-Emergency Regulations,…

Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest Period Premiums Were Owed — the Latest Chapter in the Naranjo Saga

Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in 2019. As we discussed in our California Employment News episode at that time (available here on YouTube,…

Deadline Approaching: Form I-9 Virtual Inspection of Employment Authorization and Identity Documents will End on July 31, 2023

Employers with remote workforces should take note that they will need to begin physically inspecting new hires’ I-9 documentation again as of August 1, 2023 – and they will need to conduct a physical inspection of employees’ documents that were only virtually inspected during the COVID-19 pandemic. The U.S. Department…

The Temperatures are Rising… Are New Regulations Coming With it?

California’s Occupational Safety and Health Standards Board (Cal/OSHA) recently announced plans to implement new standards that would apply to indoor places of employment when the temperature reaches at least 82 degrees Fahrenheit when employees are present. Cal/OSHA already strictly regulates outdoor workplaces as the heat rises. These new proposed regulations…