Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against… Continue Reading
The Neutral Solutions Team at Weintraub Tobin specializes in conducting independent investigations into complaints of misconduct in the workplace. At Weintraub Tobin, we take pride in the top-notch investigations conducted by our experienced group of attorney-investigators. Our attorneys have conducted hundreds of investigations for private companies, for-profit companies, non-profit companies, cities, counties, and state agencies,… Continue Reading
They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed by an employee alleging retaliation in violation of the Fair Labor Standards Act (“FLSA”). That increased risk stems from a ruling by the Texas Court… Continue Reading
For several years, California law has required that whenever an employer hires an employee and “the contemplated method of payment of the employee involves commissions … the contract shall be in writing and shall set forth the method by which the commission shall be computed and paid. Let me rant a bit. I will say… Continue Reading
A California appellate court ruled this week in Vaquero v. Stoneledge Furniture, LLC (No. B269657, filed February 28, 2017) that employees paid on commission are entitled to separate compensation for rest breaks. In a decision that frustrates employers that view the employment relationship through the lens of contract law, the Vaquero Court held that Stoneledge’s… Continue Reading
In November 2016, Washington voters approved Initiative Measure No. 1433 (“IM 1433”) which provides for an incremental increase to the state minimum wage as of January 1, 2017 and also provides for paid sick leave benefits beginning January 1, 2018. The stated intent behind IM 1443 is expressed in the initiative as follows: “BE IT… Continue Reading
Date: February 23, 2017 Time: 9:30 a.m. – 11:30 a.m. Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners, human resource professionals, and managers avoid liability when they hire, discipline, and terminate employees. Program… Continue Reading
While the Department of Labor may have stayed any national increases to the minimum exemption salary thresholds for the time being, New York employers have not been granted the same reprieve. Effective December 31, 2016, the New York Department of Labor announced incremental increases to its minimum wage laws. With the increased minimum wages, increases… Continue Reading
The United States Supreme Court decided last week to resolve a split in the lower courts as to whether the National Labor Relations Act (“Act”) preempts class-action waiver clauses in arbitration agreements between employers and their employees. This is an important development, as the use of such waivers in arbitration agreements (if permissible) can drastically… Continue Reading
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
Happy New Year! The new year frequently marks new changes in the law, and this year is no exception. There are several important changes that went into effect on January 1st. Here are some of the major changes that went into effect on January 1, 2017: Minimum Wage Change: On January 1st, for employers with… Continue Reading
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.
On August 6, 2016, the Arizona State Legislature enacted the “Declaration of Independent Business Status” law (“DIBS”). The DIBS added Chapter 10 to Title 23 of the Arizona Revised Statutes (Arizona’s “Labor” statute). In short, DIBS allows certain Arizona companies (referred to in the statute as an “employing unit”) to obtain a declaration from those… Continue Reading
As an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation. Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which federal and state laws and court rules mandate the process (and often the outcome), mediation is a voluntary process. Thus, the parties… Continue Reading
Weintraub Tobin’s 2016 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 400 Capitol Mall, 11th Fl. Sacramento, CA 95814 916.558.6046 email@example.com
The White House has issued new information about its policy position on non-competes, including a call to action from President Obama to state and federal lawmakers to curb and limit non-compete agreements. To read the Fact Sheet, please click here.
As previously reported here, earlier this year a federal district court in Texas issued a preliminary injunction preventing the Department of Labor (“DOL”) from enforcing the new Persuader Rule, which was to go into effect as of July 1, 2016. Last week, the court issued a ruling converting its preliminary injunction into a permanent one,… Continue Reading
Thanksgiving comes two days early for employers across the country who anticipated the new Department of Labor (“DOL”) overtime Final Rule creating significant pre-holiday expenses. For those employers, who have been living in denial or under a rock for the last six months, the DOL Final Rule increased the minimum salary level for exempt employees… Continue Reading
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
On November 14, 2016, The Department of Homeland Security (through USICS) released a revised version of Form I-9, Employment Eligibility Verification.
On September 25, 2016, Governor Brown approved a very short but powerful piece of legislation for California employees who work for employers who are based outside of California and wish to have another state’s laws govern the employment relationship. Senate Bill 1241 adds Section 925 to the California Labor Code and states expressly that after… Continue Reading
On October 5, 2016, the Eleventh Circuit held in Villarreal v. R.J. Reynolds Tobacco Co., that an unsuccessful job applicant cannot sue a prospective employer under the Age Discrimination in Employment Act (ADEA) for a disparate impact claim. In so holding, the Eleventh Circuit reverses its November 30, 2015 decision holding the opposite. The ADEA… Continue Reading
Almost all employers are business people. They are used to credits and debits in handling and accounting for commercial accounts, they are used to the application of credit in one transaction to make up for a shortfall in another. A customer over pays for a delivery in March but under pays by the same amount… Continue Reading
Unless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act… Continue Reading