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Tag Archives: human resources

Are Your Exempt Employees Properly Classified? – It’s Not Just Based on Salary

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Date: April 20, 2017 Time: 9:30 a.m. – 11:30 p.m. Summary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, the importance of correctly classifying employees as exempt or non-exempt is… Continue Reading

Emotional Distress Damages Allowed Under FLSA

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Retaliation and Wrongful Termination

Count the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act.  In a December 19, 2016 opinion, the Fifth Circuit held that the district court should have allowed the jury to receive an instruction on emotional distress damages when it was… Continue Reading

New Marijuana Laws And The Workplace

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Last week, voters in seven states passed new laws relating to marijuana use, both recreational and medical, which has left many employers wondering what this means to them. Can employers still enforce “zero tolerance” drug use policies? Do they have to allow employees to use marijuana in the workplace or during work hours, if they… Continue Reading

“Convincing Mosaic” Not Required In 7th Circuit

Posted in Discrimination, Labor Law

Since its 1994, decision in Troupe v. May Department Stores Co., 20 F.3d 734 (7th Cir. 1994), the Seventh Circuit has instructed the district courts within its boundaries (including those in Illinois) to look for evidence that creates “a convincing mosaic of discrimination” in considering summary judgment motions in employment discrimination cases.  After more than… Continue Reading

Vida L. Thomas to speak at SJSHRM event in 2017

Posted in Employment Contracts and Agreements, Labor Law

Vida Thomas will be speaking at San Joaquin Society for Human Resources Management’s Employment Legislative Update 2017  on Wednesday, January 11, 2017.   For more information on this seminar, please visit http://www.sjhra.org/event/employment-legislative-update-2017-half-day-seminar/.   Please note that Weintraub Tobin’s clients will receive a discounted rate and limited seats are available.  To register for this seminar, please visit: https://www.eventbrite.com/e/employment-legislative-update-2017-a-half-day-seminar-tickets-28660308755…. Continue Reading

Does Your Service Animal Need a Stand Up Desk? Discrimination and Accommodation of Employees, Customers and Third-Parties

Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, Labor Law

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation. Most business owners know that customers and employees may… Continue Reading

University Student Assistants Are Employees Under NLRA

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law

On August 23, 2016, the National Labor Relations Board (NLRB) issued a decision in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW.  The NLRB decided that graduate and undergraduate student assistants are common law “employees” within the meaning of the National Labor Relations Act (NLRA).  The… Continue Reading

Ninth Circuit Weighs In On Class Action Waivers

Posted in Employment Contracts and Agreements

A new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements.  The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other.  The Seventh and… Continue Reading

The EEOC’s Final Rules On Employer Wellness Programs

Posted in Employee Privacy Rights, Employment Contracts and Agreements

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued two final rules confirming that employers can offer limited incentives (in the form of a reward or avoidance of a penalty) to encourage employees and their spouses to participate in workplace wellness programs.  Under these new rules, employers who offer wellness programs will be allowed to… Continue Reading

The Life Span of the Employment Relationship: Hiring, Disciplining and Firing

Posted in Employment Contracts and Agreements, Labor Law, Retaliation and Wrongful Termination

Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations. This seminar will cover: • Lawful and effective job… Continue Reading

Restaurant’s Fee Deduction Program Violates FLSA

Posted in Employment Contracts and Agreements, Wage & Hour

Employers whose workers earn most of their compensation through tips, such as restaurant employees, know that they walk a fine line to ensure compliance with the Fair Labor Standards Act (“FLSA”) and numerous other laws.  Last month the Fifth Circuit rejected a program instituted by a restaurant operator in Texas that deducted certain fees before… Continue Reading

Weintraub Tobin Announces the Addition of Vida L. Thomas to Our Labor & Employment Team

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & Hour

The Labor and Employment Law group is proud to announce the addition of Vida L. Thomas to our team.  An AV-rated attorney who has practiced employment law for over 20 years, Vida has recently joined Weintraub Tobin as Of Counsel and will head up the Firm’s workplace investigations unit.  She began her career at Kronick… Continue Reading