In a decision just two weeks after Valentine’s Day, the Ninth U.S. Circuit Court of Appeals (“Ninth Circuit”) has ruled that hugs and kisses may decrease, rather than increase, feelings of affection in the workplace. Specifically, the Ninth Circuit overturned a lower court decision dismissing a lawsuit filed by a county correctional officer who alleged… Continue Reading
Category Archives: Harassment
Subscribe to Harassment RSS FeedEEOC Harassment Guidance Receives Much-Needed Update
Posted in Discrimination, Employee Privacy Rights, Harassment, New Legislation and RegulationsThe Equal Employment Opportunity Commission (EEOC) recently reported that between fiscal years 2012 and 2015, private sector charges of harassment increased to account for 30% of all charges of discrimination received by the EEOC. These numbers indicate that harassment liability and prevention continue to be important. The EEOC’s most recent guidance on harassment focused primarily… 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 & HourAs 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
Holiday Parties: An HR Nightmare!
Posted in Harassment, Wage & HourIt’s that magical time of year! Time for hot cocoa, warm fires, glad tidings – and office holiday parties! Office holiday parties are a time for co-workers to relax and for employers to show appreciation to employees, all of which builds office morale. Of course, office holiday parties also come with an extra serving of… 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 & HourWeintraub 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
EEOC Issues Guidance on National Origin Discrimination
Posted in Discrimination, Harassment, Labor Law, New Legislation and RegulationsPerhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on National Origin Discrimination last week. The Enforcement Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination (2002). National origin discrimination… Continue Reading
Mandatory AB 1825 Sexual Harassment Prevention Training
Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and RegulationsSummary of Program 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… Continue Reading
7th Circuit To Revisit Title VII Sexual Orientation Discrimination Ruling
Posted in Discrimination, Harassment, New Legislation and RegulationsOn October 11, 2016, the U.S. Seventh Circuit Court of Appeals granted en banc (by the full court) review in Hively v. Ivy Tech Community College. This rare move means that the entire Seventh Circuit court will reconsider its previous decision, which was originally issued on July 28, 2016. Kimberly Hively began teaching as a part-time… Continue Reading
Beware – Reporting Wage & Hour Violations Just Got Easier
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourThe California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’ alleged labor law violations. According to the Labor Commissioner’s Press Release, the new online reporting system is simple to use and enables the Labor Commissioner to… 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 & HourSummary 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
The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But Still Have Far To Go”
Posted in Disability Discrimination, Discrimination, Harassment, Labor Law, New Legislation and RegulationsThe EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment was an actionable form of discrimination prohibited by Title… 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 & HourSummary 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
Mandatory AB 1825 Sexual Harassment Prevention Training
Posted in Harassment, Labor Law, New Legislation and RegulationsSummary of Program 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… 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 RegulationsBy: 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
DFEH Releases New Guidance Regarding Transgender Employees
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and RegulationsThe Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act (“FEHA”). Since 2012, FEHA protection has been extended to include gender identity and gender expression categories, and defines “gender expression” to mean a “person’s gender-related… 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 & HourMost 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 & HourThe 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 & HourWeintraub 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 & HourBy: 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 & HourWhen 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
Upcoming Seminar: Well Trained Supervisors – Your First Line of Defense
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 & HourSummary of Program 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… Continue Reading
Upcoming Seminars: Employment Law Update
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 & Hour2014 – A Year in Review 2015 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015. Sacramento Date: January 8, 2015 Time: 9:00 a.m…. Continue Reading
Weintraub Tobin’s 2015 Labor & 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 & HourNOW AVAILABLE – Weintraub Tobin’s 2015 Labor and Employment Seminar and Training Schedule. 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
Upcoming Seminar: Employment Law Update
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 & Hour2014 – A Year in Review 2015 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2014 and review the complexities of a number of new laws facing employers in 2015. Sacramento Date: January 8, 2015 Time: 9:00 a.m…. Continue Reading