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:
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;
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
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,…
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)…
When:
Oct 18, 2022
Where:4125 Riverside Place Anderson, CA 96007 United States
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
The last thing on most employers’ minds when hiring a new employee is how that employment will eventually end. However, research shows that most individuals average more than 10 jobs during their working life. As such, most employment relationships do eventually end – whether voluntarily or not.
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…
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…
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…
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,…
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…
In a November 27th article for the Sacramento Business Journal, Weintraub shareholder Lukas Clary writes about the pay transparency law coming to California in 2023 and what employers must do to comply.
Weintraub Tobin has been recognized with numerous rankings in the 2023 edition of U.S. News – Best Lawyers® “Best Law Firms.” The rankings are awarded by tiers for each practice group in each metropolitan area.
On September 21, 2022, Shauna Correia and Katie Collins secured a dismissal with prejudice of a wage and hour class action that had been brought against our client by former employees. The plaintiffs’ counsel agreed to dismiss with prejudice in exchange for a waiver of costs, after Shauna and Katie…
Law360 journalist Amanda Ottaway spoke with employment attorney Katie Collins for Ottaway’s August 25, 2022 article on changes in the new school year and their potential impacts on parents in the workplace.
Weintraub Tobin is pleased to announce that 19 of its attorneys have been recognized in the 29th edition of The Best Lawyers in America®. Additionally, six of our attorneys have been named to the third edition of the Best Lawyers: Ones to Watch in America, and one attorney, Kay Brooks, was named the…
Weintraub Tobin is pleased to announce that 28 of its attorneys have been selected for inclusion in the Top Lawyers 2022 list from Sacramento Magazine. Ten of the listed Weintraub attorneys are recognized in multiple practice areas. The Top Lawyers list, featured each year by Sacramento Magazine, recognizes prominent attorneys in the…
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…
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…
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the erosion of confidentiality clauses in settlement agreements, and what employers can do about it. Watch this episode on the Weintraub YouTube channel, here. Listen to this podcast episode here.
A California Court of Appeals recently addressed challenges to Proposition 22, the Protect App-Based Drivers and Services Act, and concluded that it will largely remain in effect, at least for now. Background: Whether app-based drivers are independent contractors or employees has always been an area of contention. In 2019, Assembly…
The city of Los Angeles recently passed the Los Angeles Fair Work Week Ordinance, which largely stemmed from the findings as to unpredictability of work schedules in the retail industry. Specifically, it was determined that approximately “77 percent of retail workers receive less than one week notice of their schedules…
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…
That’s right, you read it correctly, another 300 years! The United Nations Secretary General told the Commission on the Status of Women on March 7, 2023, that gender equality is “300 years away.” The statement was based on statistics from UN Women, an organization dedicated to the study of the…
On February 22, 2023, the United States Supreme Court released its ruling in Helix Energy Solutions Group, Inc. vs. Hewitt, clarifying that employees who are paid a daily rate likely do not qualify for the executive exemption under the Fair Labor Standards Act (the “FLSA”). Facts: Michael Hewitt filed an…
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…
On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51). Background: The FAA embodies a national policy favoring arbitration. Over the years, the U.S. Supreme Court has struck down…
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…
The PUMP Act The PUMP Act, signed into law on December 29, 2022, is a new federal law applicable to employers with over 50 employees, that increases the requirements for employers of breastfeeding employees under the FLSA. It is important that employers ensure they are abiding both by this new…
Just a friendly reminder to employers that OSHA requires most employers with 10 or more full-time employees to, among other things: a) keep a yearly log (Form 300) of reportable work-related injuries and illnesses; and b) post a summary of work-related injuries and illnesses (Form 300-A) each year. What kind…
Although most experts say that COVID-19 is here to stay, California’s employment-related emergency regulations in response to the COVID-19 pandemic are winding down. As most employers are aware, on December 31, 2022, California’s COVID-19 Supplemental Paid Sick Leave ordinance expired and was not renewed or extended. Also, on December 15,…
