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, 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:

Workplace Complaints: Steps to Insure an Impartial and Defensible Investigation

Join Weintraub Tobin employment attorneys and AWI-trained investigators, Lizbeth (Beth) West and Meagan Bainbridge, for an engaging and interactive seminar where they will discuss an employer’s obligation to conduct an impartial investigation into complaints of workplace misconduct. Beth and Meagan will walk attendees through a hypothetical investigation, where a “Star”…

  • When: May 21, 2025
  • Where: Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

You’ve Just Received a PAGA Notice: What’s Next? Navigating How to Respond to, and Defend Against, a PAGA Claim Under California’s New PAGA Reform

On February 19th, Ryan Abernethy, Meagan Bainbridge, and Jacqueline Simonovich hosted an interactive seminar discussing the opportunities and pitfalls of California’s PAGA reforms. After a brief overview of the new regulations and protective measures all California employers can take immediately, they guided attendees through an interactive, step-by-step simulated response to…

  • When: Feb 19, 2025 09:30 am PST – 11:30 am PST
  • Where: Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

Lukas Clary Presents at the Central Valley Business Expo

On November 7, Weintraub shareholder Lukas Clary presented HR Legal Updates at the Central Valley Business Expo in Modesto, where he will provide insight on several new laws that businesses should be aware of heading into the new year. The event, which aims to foster growth and collaboration, brings together…

  • When: Nov 7, 2024
  • Where: 1000 L St, Modesto, CA 95354

Ryan Abernethy Presents on Legal Updates and Trends in Employment Law at SHRM NorCal Conference

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…

  • When: Oct 1, 2024 10:00 am PDT – 11:00 am PDT

Ryan Abernethy to Speak on Workplace Violence Prevention for Ministry Pacific Insurance Services

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,…

  • When: Jan 25, 2024 10:00 am PST – 11:00 am PST

Employment Law Update 2023/2024: Seminar Series

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…

  • When: Jan 17, 2024 09:30 am PST – 11:30 am PST
  • Where: Weintraub Tobin Sacramento Office 400 Capitol Mall, 11th Floor Sacramento, CA 95814

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. 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

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

Workplace Complaints: Steps to Insure an Impartial and Defensible Investigation

Join Weintraub Tobin employment attorneys and AWI-trained investigators, Lizbeth (Beth) West and Meagan Bainbridge, for an engaging and interactive seminar where they will discuss an employer’s obligation to conduct an impartial investigation into complaints of workplace misconduct. Beth and Meagan will walk attendees through a hypothetical investigation, where a “Star”…

  • When: May 21, 2025
  • Where: Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814

Shauna Correia Presents at the SHRM NorCal Legal Compliance Program

On December 11, Weintraub shareholder Shauna Correia presented Workplace Safety and CalOSHA Requirements at the SHRM NorCal New Year New Laws: California 2025 Legal & Compliance Program in Concord, where she provided insight on the latest new OSHA, CalOSHA, and other California workplace safety laws and regulations taking effect in…

  • When: Dec 11, 2024 02:15 pm PST – 03:30 pm PST
  • Where: 1355 Willow Way, 1st Floor Concord, CA 94520

Lukas Clary Presents at the Central Valley Business Expo

On November 7, Weintraub shareholder Lukas Clary presented HR Legal Updates at the Central Valley Business Expo in Modesto, where he will provide insight on several new laws that businesses should be aware of heading into the new year. The event, which aims to foster growth and collaboration, brings together…

  • When: Nov 7, 2024
  • Where: 1000 L St, Modesto, CA 95354

Ryan Abernethy Presents on Legal Updates and Trends in Employment Law at SHRM NorCal Conference

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…

  • When: Oct 1, 2024 10:00 am PDT – 11:00 am PDT

Ryan Abernethy to Speak on Workplace Violence Prevention for Ministry Pacific Insurance Services

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,…

  • When: Jan 25, 2024 10:00 am PST – 11:00 am PST

Employment Law Update 2023/2024: Seminar Series

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…

  • When: Jan 17, 2024 09:30 am PST – 11:30 am PST
  • Where: Weintraub Tobin Sacramento Office 400 Capitol Mall, 11th Floor Sacramento, CA 95814

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. 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

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

Weintraub Tobin Welcomes Talia L. Delanoy

Weintraub Tobin is honored to welcome Talia L. Delanoy as a shareholder to the Firm, practicing in the Firm’s Labor & Employment group with a base in Sacramento. Talia is a seasoned litigator and counselor who defends employers against a variety of claims including wrongful termination, harassment, discrimination, retaliation, breach…

Weintraub Tobin Welcomes Chris Horsley

Weintraub Tobin is pleased to welcome Chris Horsley as an associate in the Firm’s Litigation and the Labor and Employment practice groups. Chris previously joined Weintraub Tobin as a Summer Associate while earning his J.D. from U.C. Davis School of Law. He brings valuable legal experience through his previous roles…

Weintraub Tobin Welcomes John Slavik

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…

WT Wins: Labor & Employment Group Prevails in Employer Defense Against Alleged Adverse Employment Action Claims

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.  

“California Employment News” Hits 50th Episode Milestone

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…

The DOJ and EEOC Move Forward with Enforcement of the President’s Executive Order 14173 (the “Anti-DEI Order”)

Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as the “Ex. Order”). Among other things, the Ex. Order directs federal agencies “to combat illegal private-sector DEI preferences, mandates, policies, programs,…

Key Takeaways:  SHRM Legal and Compliance 2025 – Workplace Safety and CalOSHA Requirements

In a recent presentation titled Legal & Compliance 2025: Workplace Safety and CalOSHA Requirements, Weintraub shareholder Shauna Correia provided essential updates on California workplace safety laws. The session highlighted new regulations on indoor heat exposure, workplace violence prevention plans, COVID-19 measures, and other safety initiatives to protect employees and ensure…

Legal Updates and Trends in California Employment Law: Key Insights

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…