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Category Archives: FMLA and Other Leaves of Absence

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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  

WEBINAR: Worker’s Compensation and Employment Law – Preventing Claims from Turning into Employment Lawsuits

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Navigating a worker’s compensation claim in California can be challenging, to say the least. It involves a detailed understanding of several statutory schemes and steps along the way. Yet, processing the claim, insurance, and proper documentation can just be the start. Wary employers should carefully consider the labor and employment implications of a worker’s compensation… Continue Reading

Have You Ever Disagreed With An Employee About How They Should Do Their Work?

Posted in Discrimination, FMLA and Other Leaves of Absence, Harassment, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

Beware.  Routine criticisms of job performance when directed to employees engaged in a caring profession, may subject you to retaliation and whistleblower claims. So you hire an employee, call her a brick layer.  She is a horrible brick layer.  You get in constant arguments with her concerning the quality of her brick laying.  You say… Continue Reading

Protected Leave For New Parents Now Applies to Mid-Size Employers in California

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have long required large employers with 50 or more employees to provide unpaid job-protected parental leave for employees to bond with a new child. Effective January 1, 2018, the New Parent Leave Act (NPLA) extends similar parental leave requirements to… Continue Reading

California Governor Signs “New Parent Leave Act”

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”).  Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a new child.  When the leave is taken, the employer must guarantee the same… Continue Reading

Top Reasons to Mediate Employment Disputes

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

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

Now Available! Weintraub Tobin’s 2017 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 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 rcarrillo@weintraub.com

California Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain Employees

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces, Healthy Families Act of 2014”) for employees paid by commissions and for exempt employees who also receive an annual bonus.  Here is… Continue Reading

DOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your Workplace

Posted in Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

In July 2016, the federal Department of Labor (DOL) updated two posters that employers are required to post in the workplace. The “Employee Rights under the Fair Labor Standards Act” poster; and The “Employee Rights – Employee Polygraph Protection Act” poster. According to the DOL, every employer subject to the federal Fair Labor Standards Act… Continue Reading

Oh Sh–! The Government is Knocking at Your Door

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

Summary of Program There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This seminar will include tips on whether, and how to, conduct a self audit; understanding the do’s and… Continue Reading

Fee Limits Ruled Unlawful in Florida Workers’ Comp Cases

Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

In a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to… Continue Reading

Our Neutral Solutions Team Specializes In Trainings, Mediation, and Workplace Investigations

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

  The Neutral Solutions Team at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in: Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. Conducting independent investigations into complaints of misconduct in the workplace. Mediating employment disputes both pre and… Continue Reading

Upcoming Seminar – Don’t Be Clueless: The Essentials of Workplace Investigations

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, Wage & Hour

Summary of Program Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit as they discuss the fundamentals of an effective workplace investigation. Program Highlights The duty to investigate Determining who will do the investigation Recognizing your own biases Tips for conducting the investigation Preparation Conducting and documenting witness interviews Analyzing the evidence and making credibility determinations… Continue Reading

THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”).  The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the EEOC’s… Continue Reading

Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program.  Before explaining the amendments provided for under AB 908, I think it is important to clarify something that is too often misstated in the… Continue Reading

News Flash: San Francisco To Require 6-Weeks Paid Parental Leave

Posted in FMLA and Other Leaves of Absence, New Legislation and Regulations, Wage & Hour

By:  Darrell P. White On April 5, 2016, the San Francisco Board of Supervisors unanimously passed an ordinance requiring local businesses to effectively provide their employees with six-weeks of fully-paid parental leave.  Click here to view.  Under existing California law, employees may receive up to 55% of their wages for six weeks through the California’… Continue Reading

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations

By:  Labor and Employment Group Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable “oversharers” on your friends list (we all have them). She was just terminated from her… Continue Reading

Upcoming Seminar – Guardians at the Gate: Properly Trained Managers are Your First Line of Defense

Posted in Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Wage & Hour

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… Continue Reading

Happy New Year (to California Employees)

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

The year-end holidays tend to be a time when employers and employees are either winding down for the year or making one last big push to close the year strongly.  California employers should make time this week, though, to ensure they are ready for the new laws which will take effect in California this Friday… Continue Reading

Now Available! Weintraub Tobin’s 2016 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 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 rcarrillo@weintraub.com

California Governor Signs A Bevy Of Employment Laws, Vetoes A Few Others

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, Retaliation and Wrongful Termination, Wage & Hour

By:  Vida L. Thomas The 2014/2015 California legislative session may go down as one of the most productive in the state’s  history, in terms of legislation passed and signed into law.  According to the Associated Press, Governor Brown signed 808 bills, and vetoed 133 others.   Lest employers worry that they were left out of the… Continue Reading

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

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

When people begin to think about cool weather, hot chocolate, Thanksgiving, and this year the constant announcements about El Niño, only one thing always comes to my mind…….. Employer Handbook Season!  Yes, the end of the year always brings a flurry of revisions to employer handbooks.  This year is no different.  Business owners, general counsel,… Continue Reading