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: 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.” Lukas Clary, Meagan Bainbridge and Jacqueline Simonovich of Weintraub Tobin’s Labor and Employment…

  • 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) will host 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,…

  • 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

Lukas Clary Presents Before Sacramento Area Human Resource Association

On November 3rd, 2022, the Sacramento Area Human Resource Association (SAHRA) will host a membership luncheon to discuss California’s new pay transparency law. Weintraub Shareholder Lukas Clary and the Firm’s Director of Human Resources, Jennel Fernandez, will present at the event, discussing implications for employers and HR.

  • When: Nov 3, 2022 11:00 am PDT
  • Where: Arden Hills: A Wellness Resort 1220 Arden Hills Ln Sacramento, California 95864 United States

Webinar: An In-Depth Look at Attorney-Client Privilege

On Tuesday, June 14, The Litigation Section of the Barristers will present a webinar that aims to provide an in-depth look at attorney-client privilege in employment, white collar, and commercial litigation. Weintraub shareholder Lizbeth (Beth) V. West will speak at the event, alongside Aviva Gilbert of Farella Braun + Martel…

  • When: Jun 14, 2022
  • Where: Webinar

Webinar: 10 Pay Practices That Can Keep You Out of Hot Water

On Wednesday, May 18th, Lukas Clary and Katie Collins of Weintraub Tobin’s Labor & Employment Practice Group hosted a webinar discussing ten pay practices that are key to ensuring you stay out of hot water and away from class action and PAGA lawsuits.  Unfortunately, wage and hour lawsuits continue to…

  • When: May 18, 2022
  • Where: Webinar

FEI Presentation: Return to Work Guidance for California Employers

On March 30, 2022, Labor & Employment attorney Ryan Abernethy presented the seminar titled Return to Work Guidance for California Employers for the Financial Executives International’s Sacramento Chapter. The presentation addressed common issues that employers now face as COVID-19 restrictions loosen, and more employees are returning to work on-site. He also…

  • When: Mar 30, 2022 12:00 am PDT

Webinar: 10 Ways The Pandemic Changed Employment Practices

On March 2, 2022, attorneys Shauna Correia and Meagan Bainbridge from our Labor and Employment group hosted a webinar discussing the 10 most significant ways the pandemic impacted employment practices. They also provided good practices for employers to navigate these changes going forward. Summary of program: Managing remote work arrangements,…

  • When: Mar 2, 2022
  • Where: Webinar

California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers

In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the U.S. Supreme Court decision in Viking River Cruises, Inc. v Moriana holding that the Federal Arbitration Act (FAA) preempts the California law precluding division of individual and non-individual Private Attorneys General Act (PAGA) actions for purposes of compelling arbitration. Not only…

Ryan Abernethy Named Vice President of Stanford Settlement Board of Directors

Weintraub Tobin is pleased to announce that attorney Ryan Abernethy has been elected Vice President of the Board of Directors for the Stanford Settlement Neighborhood Center. Stanford Settlement is a Sacramento not-for-profit social service organization serving neighborhoods where opportunities are limited. The mission of the agency is to help build…

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Section 7(a) of the NLRA Applies to More Than Just CBA Employees In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These…

The DOL Issues New Guidance Applying the FLSA and FMLA to Remote Workers

On February 9, 2023, the U.S. Department of Labor (“DOL”) issued  Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) to teleworking employees. This guidance provides valuable insight to…

The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have…