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Neutral Solutions 2019: A New Year that Brings New Training Obligations

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations

While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees.  The attorneys in Weintraub Tobin’s Labor & Employment Department have years of experience conducting energetic, compliant, and effective harassment prevention training for employers of all sizes and in all industries.  The Training Division of the Labor & Employment Department is headed up by Shareholder Beth West.  Feel free to reach out to her or Department assistant Ramona Carrillo if you are interested in scheduling training – we are available to discuss a training program that meets the specific needs of your workplace.

The Neutral Solutions Team at Weintraub Tobin specializes in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.  For more information, please visit our Trainings page here.

New Year, New Minimum Wage

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

Effective January 1, 2019, California’s minimum wage rate increased to $12.00 per hour (from $11.00) for employers with 26 or more employees and $11.00 per hour (from $10.50) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers with 26 or more employees and January 1, 2023 for employers with 25 or fewer employees.

In California, many cities are increasing their minimum wages faster than the state. Click here for a chart of increases set to take place in 2019.

Brendan Begley Presenting at Employment Litigation 2019: Facing Workplace Realities in Divisive Times

Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Brendan Begley spearheads the firm’s Appeals and Writs group and is a member of the firm’s labor and employment, litigation, and trust, probate and elder abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization.

Brendan will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City.  Highlights include: Sexual Harassment and Retaliation, Wage and Hour, PAGA, New California Rules of Professional Conduct (eff. 11/1/18), A Conversation with Calif. Supreme Court Justices Ming W. Chin and Leondra R. Kruger.  For more information on this seminar, please visit: https://www.theruttergroup.com/index.cfm?p=36&lp=216.

Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

Posted in Labor Law, Wage & Hour

 On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v.  AMN Services, LLC  (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system. The case involved a class action and PAGA action brought by Ms. Donohue on behalf of nurse recruiters who worked for AMN.  Ms. Donohue claimed that AMN had violated various California wage and hour laws and brought claims for: 1) failure to provide meal and rest periods in violation of Labor Code sections 226.7 and 1197.1; 2)  failure to pay overtime and minimum wage in violation of Labor Code sections 510 and 1197.1; 3) improper wage statements in violation of Labor Code section 226; 4) unreimbursed business expenses in violation of Labor Code section 2802; 5) waiting time penalties in violation of Labor Code sections 201-203; 6) unfair business practices in violation of Business and Professions Code section 17200; and 7) civil penalties authorized by the Labor Code Private Attorneys General Act of 2004  (PAGA), under Labor Code section 2698 et seq.

The parties brought cross motions for summary judgment and summary adjudication and, following oral argument, the trial court granted AMN’s motion for summary judgment and denied Ms. Donohue’s motion for summary adjudication. Ms. Donohue timely appealed and the Fourth Appellate Court sustained the trial court’s decision in favor or AMN.

To read the full article, please click here.

Save the Date – Weintraub Tobin’s Employment Law Update 2019

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, Wage & Hour

Tuesday, January 8, 2019 – Sacramento, CA

Wednesday, January 23, 2019 – San Francisco, CA

Additional information and details for each session will be available December 3, 2018.

To reserve your space at one of these sessions, please email Ramona Carrillo at rcarrillo@weintraub.com.

Now Available! Weintraub Tobin’s 2019 Labor and Employment Seminar and Training Schedule

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, Wage & Hour

Weintraub Tobin’s 2019 Labor and Employment Seminar and Training schedule is now available.  Click here for a copy of the schedule. 

If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact:

Ramona Carrillo

(916) 558-6046

rcarrillo@weintraub.com

 

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Uncategorized

Mandatory AB 1825 Sexual Harassment Prevention Training

The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.

The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like:

  • An overview of sexual harassment laws
  • Examples of conduct that constitute sexual harassment
  • Strategies to prevent harassment in the workplace
  • Lawful supervisory responses to complaints of harassment in the workplace
  • Training on prevention of “abusive conduct” in the workplace
  • Training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation (Senate Bill 396)
  • Practical and inter-active hypotheticals and examples to help illustrate what bullying, sexual harassment, discrimination, and retaliation can look like.

If you are an employer with 50 or more employees, and have supervisors who have not yet been trained, this training is a must. We look forward to hearing from you and helping you comply with your continuing sexual harassment training obligations.

*Approved for two (2) hours MCLE (Elimination of Bias).

Supervisor Best Practices and Legal Compliance Training

Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently.  However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace.  Untrained supervisors can take actions (or fail to take actions) that result in significant legal consequences for an employer.

This one-hour training will cover topics like:

  • Legal do’s and don’ts when hiring and firing
  • Tips for effective communication between supervisors and employees, including how to give constructive performance feedback
  • The importance of consistent, objective, and timely discipline
  • Important wage and hour laws
  • Workplace safety rules
  • Accommodating disabilities and understanding the many leaves of absence laws
  • The in’s and out’s of employee privacy rights

Date 

Wednesday, December 12, 2018

Training Program 

AB 1825 Training: 10:00 am – 12:00 pm

Supervisor Best Practices: 1:00 pm – 2:00 pm

Location

Weintraub Tobin Office

400 Capitol Mall, 11th Floor

Sacramento, CA

Cost

AB 1825 Training: $95/person

Supervisor Best Practices and Legal Compliance Training: $60/person

For questions or to register for this training, please contact Ramona Carrillo (rcarrillo@weintraub.com).

Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

Well September 30, 2018 has come and gone.  As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term.  Out of the 21 employment-related bills I summarized in my September 19th article, 12 were signed into law, and 9 were vetoed.  Below is a list of the new laws California employers must comply with, as well as a list of vetoed bills where employers dodged the bullet.   To read the full article, please click here.

Bills Signed into Law.

  1. SB820. Prohibition on Non-Disclosure Provisions re: Sexual Misconduct & Harassment.
  2. AB3109. Right to Testify re: Sexual Misconduct.
  3. SB1300. Significant Revisions and Additions to FEHA; Prohibiting Certain Release and Non-Disparagement Provisions re: FEHA Claims; Expanding Employer’s Liability for Harassment by Third-Parties; Authorizing Bystander Training; and Outlining Legislative Declarations re: Litigating Sexual Harassment Claims.
  4. SB1343. Expansion of Training Requirements re: Sexual Harassment.
  5. AB2338. Sexual Harassment Training Requirements for Talent Agencies.
  6. AB1976. Acceptable Lactation Locations for Employees.
  7. SB970. Required Training of Hotel and Motel Employees re: Human Trafficking.
  8. AB2034. Required Training of Mass Transit Employees re: Human Trafficking.
  9. SB224. Sexual Harassment in the Professional Relationship.
  10. SB1123. Expansion of PFL Wage Replacement Benefits.
  11. SB1412. Clarifications on “Ban the Box” Law re: Criminal History Inquiries of Particular Convictions.
  12. SB826. Females on Board of Directors of Publicly Held Corporations.

Vetoed Bills.

  1. AB3080. [Prohibition on Non-Disclosures re: Sexual Harassment & Prohibition on Mandatory Arbitration Agreements re: FEHA claims].
  2. AB1867. [Records of Sexual Harassment Complaints].
  3. AB1870. [Extension of FEHA Statute of Limitations].
  4. AB3081. [Rebuttable Presumption of Retaliation against Sexual Harassment Complainant].
  5. AB2079. [Sexual Harassment Trainer Qualifications for Janitorial Workers].
  6. SB937. [Acceptable Lactation Locations for Employees].
  7. SB1223. [Harassment & Discrimination Prevention Policy & Training in Construction Industry].
  8. AB2496. [Rebuttable Presumption of Employment Status for Janitorial Workers].
  9. AB2732. [Immigration Documents & “Workers Bill of Rights

Takeaway:  California employers should evaluate the new employment laws discussed above as well as others that were passed, and take necessary steps to ensure compliance. The employment attorneys at Weintraub Tobin are happy to discuss the new laws and assist employers in complying with their legal obligations.

 

Beth West Presenting at the Fall Family Forum for the Capital Region Business Center

Posted in Harassment, Labor Law, New Legislation and Regulations

Beth West presenting at the Fall Family Business Forum for the Capital Region Family Business Center on October 10, 2018.  Beth will be discussing the “Me Too” Topic and how it impacts family business.

For more information on this event, please visit:  https://capfamilybus.org/events/fall-2018-family-business-forum/ 

 

To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills

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

The September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk. Employers are encouraged to stay tuned to see which bills become law and which ones don’t make the cut.  NOTE: employment laws are constantly changing and employers must ensure that they make the necessary changes to policies and practices so that they are in compliance with current legal requirements.

  1. SB820. [Prohibition on Non-Disclosure Provisions re: Sexual Misconduct & Harassment].
  2. AB3080. [Prohibition on Non-Disclosures re: Sexual Harassment & Prohibition on Mandatory Arbitration Agreements re: FEHA claims].
  3. AB3109. [Right to Testify re: Sexual Misconduct].
  4. AB1867. [Records of Sexual Harassment Complaints].
  5. AB1870. [Extension of FEHA Statute of Limitations].
  6. SB1300. [Prohibition re: Release of Claims & Non-Disparagements re: Sexual Harassment].
  7. SB1343. [Expansion of Training Requirements re: Sexual Harassment].
  8. AB3081. [Rebuttable Presumption of Retaliation against Sexual Harassment Complainant].
  9. AB2079. [Sexual Harassment Trainer Qualifications for Janitorial Workers].
  10. AB2338. [Sexual Harassment Training Requirements for Talent Agencies].
  11. AB1976. [Acceptable Lactation Locations for Employees].
  12. SB937. [Acceptable Lactation Locations for Employees].
  13. SB970. [Required Training of Hotel and Motel Employees re: Human Trafficking].
  14. AB2034. [Required Training of Mass Transit Employees re: Human Trafficking].
  15. SB224. [Sexual Harassment in the Professional Relationship].
  16. SB1223. [Harassment & Discrimination Prevention Policy & Training in Construction Industry].
  17. AB2496. [Rebuttable Presumption of Employment Status for Janitorial Workers].
  18. AB2732. [Immigration Documents & “Workers Bill of Rights”].
  19. SB1123. [Expansion of PFL Wage Replacement Benefits].
  20. SB1412. [Clarifications on “Ban the Box” Law re: Criminal History Inquiries of Particular Convictions].
  21. SB826. [Females on Board of Directors of Publicly Held Corporations].

To read the full article and summaries of each bill, please click here.