Sacramento Bee reporter Darrell Smith spoke with labor and employment attorney Lukas Clary for his article on the coming COVID vaccines and whether employers might require their workers to get vaccinated. With a look at past precedent — H1N1 — we can conclude that an employer will be able to require a vaccination as a… Continue Reading
Tag Archives: California
Governor’s Newsom’s Statewide Order is in Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?
Posted in New Legislation and RegulationsAs our earlier post on March 19, 2020 announced, Governor Newsom issued Executive Order N-33-20 ordering all residents to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors as defined by the federal Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency… Continue Reading
California Governor Newsom Issues State-Wide Stay at Home Order
Posted in New Legislation and RegulationsOn March 19, 2020 Governor Newsom issued a state-wide stay at home Order that will remain in place until further notice. To view or download a copy of Executive Order 33-20, click here. The Order directs all residents in the State of California to stay home unless necessary to maintain the continuity of operations of federally… Continue Reading
“Slaying the PAGA Dragon” – Wage and Hour Compliance for Non-Exempt Employees
Posted in Wage & HourDate: March 16, 2017 Time: 8:30 a.m. – 12:00 p.m. Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. The various federal and state wage and hour… Continue Reading
Employers, Give Thanks! Texas Court Blocks New Overtime Rule
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Uncategorized, Wage & HourThanksgiving 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
Remember Minimum Wage Increases on July 1, 2014 And So Does Your Weekly Salary Obligation for White Collar Exempt Employees
Posted in Labor Law, New Legislation and Regulations, Wage & HourOn July 1, 2014, California’s minimum hourly wage will increase from $8.00 to $9.00 per hour. The minimum wage will increase again on January 1, 2016 to $10.00 per hour. Most employers are aware of the increase and are prepared to comply by paying their minimum wage workers $9.00 per hour starting July 1, 2014. … Continue Reading
Traps for Employers in Routine Unemployment and Workers Comp Proceedings
Posted in Labor LawBy: Brendan J. Begley A number of recent California appellate decisions reveal hidden traps that may ensnare employers in administrative proceedings involving employee claims for unemployment or workers-compensation benefits. Such proceedings typically appear routine and uncomplicated. Nonetheless, missteps in handling those routine and relatively low-risk claims can greatly increase an employer’s exposure to liability in a… Continue Reading
Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”
Posted in FMLA and Other Leaves of AbsenceCo-authored by Lizbeth West, Published by LexisNexis Book Highlights: How to navigate the complex issues surrounding family leave, military leave, worker’s compensation and personal time. Insightful analysis of the key employment features to keep in mind when dealing with leave law in California. Determinative considerations in accounting for the many different California and federal rules… Continue Reading
Notice To Employers – Audit Your Compensation Plans Based On The Increase To California’s Statutory Minimum Wage
Posted in New Legislation and Regulations, Wage & HourBy: Lizbeth V. West, Esq. On September 25, 2013 Governor Brown signed Assembly Bill 10 into law. Under the new law the statutory minimum wage for California employees will increase from $8 per hour to $9 per hour as of July 1, 2014. Then, on January 1, 2016, the statutory minimum wage will increase to $10… Continue Reading
Employers: Don’t Forget to Provide Your Employees with Timely Notice Under the Affordable Care Act
Posted in New Legislation and RegulationsThe Affordable Care Act (ACA) has many mandates for both individuals and employers. While the main employer mandate facing certain large employers (the “play or pay” penalty) has been delayed until 2015, the ACA still requires employers who are otherwise covered by the federal Fair Labor Standards Act (FLSA), to provide a notice to their employees by October 1, 2013 explaining the new Health Insurance Marketplace (“Marketplace”).
SEVEN WEINTRAUB TOBIN ATTORNEYS INCLUDED IN THE TOP 25 LIST BY SUPER LAWYERS
Posted in Labor LawSACRAMENTO, Calif., July 8, 2013 – Weintraub Tobin Chediak Coleman Grodin, a business law and business litigation law firm congratulates seven attorneys on being named as one of the Top 25 Sacramento SuperLawyers of 2013. To receive this honor, the attorneys – Gary Bradus, Dale Campbell, Chris Chediak, Louis Gonzalez, Mike. Kvarme, Charles "Chuck" Post,… Continue Reading
Summer Seminar Series for Restaurants
Posted in Labor LawJoin Weintraub Tobin’s attorneys in connection with the California Restaurant Association and Leavitt Group in their Summer Seminar Series for Restaurants where they will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives. Dates: Tuesday, July 30, 2013 Claremont Resort, Berkeley, CA Wednesday, July 31, 2013 Sutter Club,… Continue Reading
Which Way To Go On The Interactive Process?
Posted in Labor LawBy: Brendan J. Begley A federal appellate court in the Midwest issued a decision this week that may provide a false sense of security to California employers regarding the extent of their obligation to accommodate disabled employees. See Basden v. Professional Transportation, Inc., Case No. 11-2880 (7th Cir. May 8, 2013).
Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities
Posted in FMLA and Other Leaves of AbsenceBy: James L. Brannen In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with… Continue Reading
California Supreme Court Grants Review of CFRA/FMLA Case Richey v. Autonation, Inc.
Posted in FMLA and Other Leaves of Absence, Labor LawBy: Chelcey E. Lieber The California Supreme Court recently granted review of Richey v. Autonation, Inc., a Court of Appeal case that vacated an arbitration award in favor of the employer. The Court rejected the employer’s argument that it had an “honest belief” that an employee was misusing his CFRA/FMLA leave, and this honest belief justified… Continue Reading
The California Supreme Court Issued A Win For Businesses Who Prevail In Disability Access Cases In California
Posted in Labor LawBy: Lizbeth V. West, Esq. On December 17, 2012, the California Supreme Court issued its decision in Jankey v. Lee. The Court ruled that prevailing defendants in disability access cases brought under both the Americans with Disabilities Act (“ADA”) and California Civil Code section 55 are entitled to their attorney’s fees just like prevailing plaintiffs are…. Continue Reading
Governor Signs Overhaul of Disability Law
Posted in Labor Law, New Legislation and RegulationsBy: Charles L. Post Governor Brown recently approved a significant – although many would stay still inadequate – overhaul of California law that governs the what, how and when of disability access suits under state law.
New California Law Restricts How Long Attorneys Can Question Witnesses in Civil Depositions
Posted in New Legislation and RegulationsBy: Lizbeth V. West, Esq. Gov. Brown signed AB 1875 on September 17, 2012. The new law essentially brings California civil procedure in line with federal civil procedure and, absent an exception or some other relief by the court, limits depositions to seven (7) hours in length.
AAAB Seminar: Recent Changes in California Department Law
Posted in Labor LawWeintraub Tobin attorneys Chuck Post and Paul Gaspari invite you to attend the Association of Asian American Bankers seminar “The Moving Target – Recent Changes in California Employment Law” July 17th at America California Bank.
CASE ALERT: California Supreme Court Hands Down Brinker Decision
Posted in Labor Law, Wage & HourBy: Charles L. Post and James Kachmar As many readers of this Blog know, we’ve been awaiting the California Supreme Court to issue its decision in the Brinker case. This morning it did so. As our attorneys continue to analyze the decision involving issues of employee rest periods and meal breaks, we will be publishing… Continue Reading
BREAKING NEWS …. FROM THE CALIFORNIA SUPREME COURT
Posted in Labor Law, Wage & HourBy: Lizbeth V. West, Esq. The California Supreme Court just announced this morning that it will issue its decision in the Brinker v. Superior Court case at 10:00 a.m. tomorrow, April 12, 2012. For all of our clients and guests who will be joining us at our Sacramento office tomorrow morning for our Wage & Hour… Continue Reading
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