An innovative provider of sophisticated legal services in over 45 practice areas.
Labor & Employment
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;
Worker classification remains one of the most important compliance issues facing employers. Misclassifying an employee as an independent contractor can lead to significant penalties, agency enforcement, and costly legal exposure. With AB 5 and its exemptions continuing to shape California’s classification rules, employers need to understand when contractor status is…
When:
Jun 10, 2026
09:30 am PDT – 11:30 am PDT
Where:400 Capitol Mall, 11th Floor Sacramento, CA 95814
On Tuesday, May 5th, Weintraub shareholder Lizbeth “Beth” West will present “The Leap That Changed Everything: Stories of Women Who Turned Doubt Into Direction” at the Better Business Bureau’s 2026 Sacramento Women’s Conference. Beth will be joined by Dr. Christina Bilyeu from the Kaiser Permanente Greater Sacramento Valley Psychiatry Residency,…
When:
May 5, 2026
12:30 pm PDT – 01:15 pm PDT
Where:6300 Fountain Square Drive, Citrus Heights, CA 95621
In spite of recent PAGA reforms, wage-and-hour lawsuits continue to plague California employers. Even highly conscientious organizations find themselves targeted for technical violations they never intended to commit. With California’s rapidly evolving wage‑and‑hour landscape—and steadily rising minimum wage, expanded enforcement authority, heightened premium‑pay obligations, and complex exemption rules—unintentional non‑compliance remains…
When:
Apr 22, 2026
09:30 am PDT – 11:30 am PDT
Where:400 Capitol Mall, 11th Floor Sacramento, CA 95814
Navigating and administering leaves of absence and workplace accommodations 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 statutes…
When:
Oct 22, 2025
09:30 am PDT – 11:30 am PDT
Where:400 Capitol Mall 11th Floor, Sacramento, CA 95814
On Wednesday, October 8th, Weintraub shareholder Shauna Correia participated in the webinar, “Addressing Differing Abilities in the Legal Field,” for the Contra Costa County Bar Association’s Disability Rights Committee. This virtual event explored diverse perspectives on how legal professionals can go beyond compliance to offer accommodations that are both reasonable…
Couldn’t attend the live session? We hosted a complimentary webinar so you can catch all the insights on October 2 at 9 am PST. Shauna Correia, Talia Delanoy, and Nikki Mahmoudi of Weintraub’s Labor and Employment Group discussed how to help employers manage one of the toughest parts of leadership:…
On September 17th, Shauna Correia, Talia Delanoy and Nikki Mahmoudi of Weintraub’s Labor and Employment Group hosted an interactive, practical seminar designed to help employers manage one of the toughest parts of leadership – employee terminations and layoffs. Through real-world scenarios, including disciplinary issues, chronic performance problems, and reductions in…
On Monday, August 11, Weintraub attorneys Jeffrey Pietsch and Jacqueline Simonovich participated in an engaging day of insights and networking at the STAK Ventures Speaker Series: VIP Lunch & Learn, hosted by Stak Space. This exclusive event is designed to foster meaningful connections among founders, investors, and innovation leaders over…
On Monday, July 7th, Weintraub senior attorney Jacqueline M. Simonovich moderated a panel discussion for the Bar Association of San Francisco’s Diversity & Inclusion Committee, titled ‘Interview Tips for Underrepresented and First Gen Attorneys.’ The panel, which included Weintraub’s Chief Administrative Officer, Jennel Fernandez, provided advice regarding the interview process…
Weintraub Tobin employment attorneys and AWI-trained investigators, Lizbeth (Beth) West and Meagan Bainbridge, hosted an engaging and interactive seminar where they discussed an employer’s obligation to conduct an impartial investigation into complaints of workplace misconduct. Beth and Meagan walked attendees through a hypothetical investigation, where a “Star” employee has just…
When:
May 21, 2025
Where:Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814
Weintraub employment attorneys Lukas Clary and Nikki Mahmoudi presented at the California Legislative & HR Leadership Summit for the Society for Human Resource Management (SHRM) on April 25th, 2025. They presented High Stakes: Navigating Marijuana, Drug and Alcohol Rules in the Workplace, where they help attendees: Understand California’s Evolving Drug…
On Tuesday, May 5th, Weintraub shareholder Lizbeth “Beth” West will present “The Leap That Changed Everything: Stories of Women Who Turned Doubt Into Direction” at the Better Business Bureau’s 2026 Sacramento Women’s Conference. Beth will be joined by Dr. Christina Bilyeu from the Kaiser Permanente Greater Sacramento Valley Psychiatry Residency,…
When:
May 5, 2026
12:30 pm PDT – 01:15 pm PDT
Where:6300 Fountain Square Drive, Citrus Heights, CA 95621
On Thursday, April 9th, Weintraub shareholder Meagan Bainbridge and Ryan Abernethy will present “Relatively Speaking: What Every Family Business Needs to Know About Employment Law” to members of the Capitol Region Family Business Center. The seminar will be guided by questions submitted by members, providing attendees with practical insights on…
When:
Apr 9, 2026
09:00 am PDT – 11:00 am PDT
Where:400 Capitol Mall, 11th Floor Sacramento, CA 95814
On March 25th, Weintraub senior attorney Jacqueline Simonovich will moderate a virtual panel discussion, Interview Tips for Underrepresented and First Gen Attorneys for the Bar Association of San Francisco (BASF) Barristers Diversity & Inclusion Committee. This virtual program will provide advice regarding the law firm remote, on-site, and call-back interview process, aided by…
Navigating and administering leaves of absence and workplace accommodations 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 statutes…
When:
Oct 22, 2025
09:30 am PDT – 11:30 am PDT
Where:400 Capitol Mall 11th Floor, Sacramento, CA 95814
On Wednesday, October 8th, Weintraub shareholder Shauna Correia participated in the webinar, “Addressing Differing Abilities in the Legal Field,” for the Contra Costa County Bar Association’s Disability Rights Committee. This virtual event explored diverse perspectives on how legal professionals can go beyond compliance to offer accommodations that are both reasonable…
Couldn’t attend the live session? We hosted a complimentary webinar so you can catch all the insights on October 2 at 9 am PST. Shauna Correia, Talia Delanoy, and Nikki Mahmoudi of Weintraub’s Labor and Employment Group discussed how to help employers manage one of the toughest parts of leadership:…
On September 17th, Shauna Correia, Talia Delanoy and Nikki Mahmoudi of Weintraub’s Labor and Employment Group hosted an interactive, practical seminar designed to help employers manage one of the toughest parts of leadership – employee terminations and layoffs. Through real-world scenarios, including disciplinary issues, chronic performance problems, and reductions in…
On Monday, August 11, Weintraub attorneys Jeffrey Pietsch and Jacqueline Simonovich participated in an engaging day of insights and networking at the STAK Ventures Speaker Series: VIP Lunch & Learn, hosted by Stak Space. This exclusive event is designed to foster meaningful connections among founders, investors, and innovation leaders over…
On Monday, July 7th, Weintraub senior attorney Jacqueline M. Simonovich moderated a panel discussion for the Bar Association of San Francisco’s Diversity & Inclusion Committee, titled ‘Interview Tips for Underrepresented and First Gen Attorneys.’ The panel, which included Weintraub’s Chief Administrative Officer, Jennel Fernandez, provided advice regarding the interview process…
Weintraub Tobin employment attorneys and AWI-trained investigators, Lizbeth (Beth) West and Meagan Bainbridge, hosted an engaging and interactive seminar where they discussed an employer’s obligation to conduct an impartial investigation into complaints of workplace misconduct. Beth and Meagan walked attendees through a hypothetical investigation, where a “Star” employee has just…
When:
May 21, 2025
Where:Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814
Weintraub employment attorneys Lukas Clary and Nikki Mahmoudi presented at the California Legislative & HR Leadership Summit for the Society for Human Resource Management (SHRM) on April 25th, 2025. They presented High Stakes: Navigating Marijuana, Drug and Alcohol Rules in the Workplace, where they help attendees: Understand California’s Evolving Drug…
Weintraub Tobin is honored to announce that 47 of the Firm’s attorneys have been recognized in the 2026 Northern California Super Lawyers® and Rising Stars lists, an annual review recognizing outstanding attorneys in the region. The selection process includes peer nominations, independent research to evaluate candidates, and peer reviews. Super…
Weintraub Tobin’s California Employment News podcast has reached an exciting milestone with the release of its 100th episode on June 9, 2026. With regular contributions by all attorneys in the firm’s Labor & Employment Group, the podcast features brief, bi-weekly episodes designed to keep California employers informed on timely developments…
Artificial Intelligence (AI) is a booming industry which now offers assistance to employers by automating decisions such as hiring, performance management and even disciplinary actions. While this may come as a welcome aid for many employers, it does not come without risk. Employers grappling with how to use AI in…
Jacqueline Simonovich, a senior attorney in Weintraub Tobin’s Labor and Employment practice group, has been named President of the Barristers Board of the Bar Association of San Francisco (BASF), effective January 1, 2026. Jacqueline Simonovich has been an active leader within BASF for several years, previously serving in key roles…
Weintraub Tobin is pleased to announce that Senior Attorney Jacqueline Simonovich has been awarded the Barristers Club of the Bar Association of San Francisco (BASF) Outstanding Diversity Advocate Award, which recognizes attorneys and legal professionals whose efforts increase diversity in the Bay Area legal community. Jackie, who practices in the…
Weintraub Tobin is proud to share that the Firm has been recognized for excellence in the 2026 edition of Best Law Firms®, earning multiple Tier 1 placements across key practice areas. The Firm maintained all of its 2025 Tier 1 rankings and added several new or elevated distinctions. Weintraub was…
Weintraub shareholder Talia L. Delanoy and associate Chris Horsley prevailed in the defense of a private school employer in an employment case. A former employee brought claims of religious discrimination, FEHA and Title VII retaliation, wrongful termination and breach of the implied covenant of good faith and fair dealing related…
Weintraub Tobin is proud to share that 46 of the Firm’s attorneys have been honored in the 2026 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America™ (up from 41 attorneys last year). Of the 46 attorneys recognized, 11 have been recognized as Ones…
Weintraub Tobin is honored to announce that 47 of the Firm’s attorneys have been recognized in the 2025 Northern California Super Lawyers® and Rising Star lists, an annual review recognizing outstanding attorneys in the region. The selection process includes peer nominations, independent research to evaluate candidates, and peer reviews.…
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 is honored to announce that Jacqueline Simonovich has been invited to join the Litigation Counsel of America as an Associate Fellow. As an associate at Weintraub Tobin, Jacqueline regularly defends businesses and nonprofits facing litigation in California state and federal courts. She handles a wide range of issues…
In a closely watched decision for California employers, the Ninth Circuit reversed a district court’s denial of a motion to compel arbitration in a wage and hour class action against ABM Aviation, Inc., on the grounds that the arbitration agreement was unconscionable. The Ninth Circuit’s opinion provides a useful roadmap…
On May 14, 2026, the federal Equal Employment Opportunity Commission (“EEOC”) submitted a request to rescind the demographic reporting obligations of large employers in the U.S. The “Pending EO 12866 Regulatory Review” notice (“Regulatory Review Notice”) which can be found here, states that the request is for the “Rescission of…
Believe it or not, we are almost half-way into 2026 and the California Legislature has been busy proposing new legislation that will impact the workplace. The Legislative calendar will take us through August 31, 2026 which is the deadline for the Legislature to pass any bills that have been proposed…
On May 21, 2026, Governor Newsom signed Executive Order N-6-26 (“EO N-6-26”) which will require state agencies to research and propose certain policies and measures to mitigate the negative impact of AI on California workers. EO N-6-26 notes that the AI industry has grown exponentially, with conservative estimates placing it…
Federal immigration compliance has always required employers to maintain accurate Form I-9 records, but recent changes issued by U.S. Immigration and Customs Enforcement (ICE) significantly raise the stakes for even seemingly minor paperwork mistakes. In this article, we explore how ICE’s updated guidance reclassifies certain longstanding clerical errors as substantive violations, increasing the…
Although allowing a budding chef to “stage” in a restaurant is a long-standing tradition, using an unpaid stage in California is recipe for a wage-and-hour claim. In this article we explore how even a short shift creates long exposure for California restauranteurs. Allowing an individual to stage whether under the…
The One, Big, Beautiful Bill Act of 2025 (OBBBA) was signed into law on July 4, 2025. While its reach is broad, this article covers new employer tax reporting obligations. Under the OBBBA, employers must separately report qualified overtime compensation on employees’ Form W-2 and must report qualified tips and…
On December 11, 2025, President Trump signed an executive order, “Ensuring a National Policy Framework for Artificial Intelligence” (“EO”), designed to “remove barriers to United States AI leadership” so that “AI companies [are] free to innovate without cumbersome regulation.” The EO expressly states that it is aimed at preempting “excessive…
Pursuant to Senate Bill 294 which went into effect January 1, 2026 and added a new Part 5.6 to the California Labor Code (sections 1550 – 1559), the California Department of Industrial Relations (“DIR” aka “Labor Commissioner”) has issued the anticipated “California Workplace – Know Your Rights” Notice (“Notice”). The…
On October 13, 2025 Governor Newsom signed into law Assembly Bill (“AB”) 692 which is another law allegedly aimed at preventing contracts deemed to be a restraint on trade. Employers should be aware of the new law as it could significantly impact their ability to enter into, and/or enforce, certain…
For some industries, and in particular, construction, periods of slow work are inevitable. When no work is available, many employers place their employees on “furlough” – an unpaid, non-working status, but still on the Company “books” – because the employer doesn’t want to deal with terminating and re-hiring the employee. …
