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:
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;
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;
On October 1st, Weintraub shareholder Ryan Abernethy hosted the seminar Legal Updates and Trends in Employment Law at the Society for Human Resource Management (SHRM) NorCal Conference in San Francisco. At this seminar, employers learned how to comply with new laws and changes coming in 2025. Learning objectives include: 1. Developments…
On Wednesday, May 29th, Weintraub attorneys will participate in a panel from the Barristers’ Club of San Francisco Bar Association’s (BASF) Pathways to Partnership Series. This second of two presentations, “Transitioning from Junior to Senior Partner,” will focus the panel discussion on the journey from junior to senior partner and the…
On January 25th, the Ministry Pacific Insurance Services hosted a webinar titled Workplace Violence Mandates for California’s Nonprofit Sector. Weintraub shareholder Ryan Abernethy spoke at the event on the following topics: Creating a plan to prevent and respond to workplace violence. Identifying people responsible for implementing the plan (including training,…
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.…
When:
Oct 18, 2023
09:30 am PDT – 11:30 am PDT
Where:400 Capitol Mall, 11th Floor Sacramento, CA 95814
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
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) hosted 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 presented during a…
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…
When:
Apr 12, 2023
09:30 am PDT – 11:30 am PDT
Where:400 Capitol Mall, 11th Floor, Sacramento, CA 95814
Weintraub Tobin is pleased to announce that 41 of its attorneys have been recognized in the 2025 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America. 32 Weintraub attorneys are included in the 2025 edition of The Best Lawyers in America, of which six…
Weintraub Tobin is pleased to welcome John Slavik as an associate attorney in the Firm’s Labor and Employment and Litigation practice groups. He represents businesses and other types of entities in a broad range of litigation and arbitration matters in California, including contractual, employment, and commercial disputes. John is experienced…
Weintraub shareholder Shauna N. Correia and associate Tomiwa Aina recently prevailed in the defense of an employer in San Diego Superior Court in an employment case. A former employee brought claims of disability discrimination, harassment, whistleblower retaliation, FEHA retaliation, and wrongful termination. The court granted Weintraub’s summary judgment motion in favor of their client.
On Wednesday, May 29th, Weintraub attorneys will participate in a panel from the Barristers’ Club of San Francisco Bar Association’s (BASF) Pathways to Partnership Series. This second of two presentations, “Transitioning from Junior to Senior Partner,” will focus the panel discussion on the journey from junior to senior partner and the…
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…
In a recent presentation at the SHRM Northern California 2024 Annual Conference, Weintraub shareholder Ryan Abernethy outlined significant updates in California employment law for employers to be aware of. The session addressed employment-related legal updates that recently took effect, including workplace violence prevention requirements, new indoor heat exposure regulations, and…
If you have been following our podcast California Employment News, you know that the Federal Trade Commission issued a rule that would act as a comprehensive ban on non-compete agreements. The ban would have taken effect next month, and would have invalidated non-compete provisions in millions of existing agreements and…
In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the…
On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for employees to pursue claims on behalf of the Labor and Workforce Development Agency (“LWDA”) against…
It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices and policies to ensure an inclusive environment for LGBTQ+ employees. Although creating a supportive work environment…
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…