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:
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…
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,…
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:
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)…
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…
Weintraub Tobin is pleased to announce that attorneys Tara Sattler, Shaun Gordon, and Jamie Lincenberg have been selected to the 2023 Southern California Rising Stars list. This list, compiled by Super Lawyers®, recognizes attorneys who are 40 or younger or have been in practice less than 10 years. All three…
In a March 31st interview with the Northern California Record, Sarah Downey spoke with Weintraub Shareholder Brendan J. Begley about a recent court decision to uphold Proposition 22. In Castellanos v. State of California, the state’s court of appeals ruled in favor of gig workers, such as Uber and Lyft drivers,…
Weintraub Tobin is pleased to announce that Lizbeth “Beth” West has been recognized as a 2023 Women Who Mean Business Awards honoree. The Sacramento Business Journal presents the Women Who Mean Business Awards annually to exceptional women in the Sacramento area who have made significant contributions in their respective industries. …
On February 22, 2023, Ryan Abernethy secured a demurrer as to all causes of action in a consumer class action that was brought on behalf of all those who purchased services from our client. The court found that the complaint failed to articulate a cognizable theory of liability that could…
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…
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.…
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,…
If you’ve been reading or watching the news in recent months, you have surely seen a large amount of press on various states and municipalities introducing laws to restrict certain rights of those in the LGTBQ+ community. According to a CCN report a few weeks ago, American Civil Liberties Union…
Our prior blog, “New Year, New Minimum Wage,” discussed local minimum wage changes effective January 1st in California and noted certain expected increases in July 1st. The July 1st increases have now been confirmed. Below is a chart of local increases set to take place July 1, 2023. Jurisdiction2022 Minimum…
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,…
The California Legislature is considering whether employees who are currently working from home have a right to continue to do so until the employer provides advance written notice of the need to return to the workplace. Senate Bill (SB) 731, introduced by Senator Ashby, is making its way through the…
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…
Currently, California employees, with certain exceptions, are entitled to three days or 24 hours of paid sick leave. Employers can choose to have a paid sick leave policy that provides all of the hours at one time or, the amount of available paid sick leave an employee has can accrue,…
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…
