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
Introduction For the first time, a federal appellate court has determined that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Under Title VII, an employer may not take an adverse employment action against an employee on the basis… Continue Reading
By Vida L. Thomas On January 9, 2017, New York Governor Andrew Cuomo announced his new “New York Promise” agenda, a sweeping package of reforms that the Governor promises will “advance principles of social justice, affirm New York’s progressive values, and a set a national standard for protections against all forms of discrimination.” As part… 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
Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation. Most business owners know that customers and employees may… Continue Reading
A new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements. The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other. The Seventh and… Continue Reading
On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child. The law went into effect immediately. Covered Employers. The Act defines covered employers the same way the federal Family and Medical… Continue Reading
The San Francisco’s Board of Supervisors has now prohibited the widely used criminal history check box for employment applications. Unless the Mayor vetoes it, the “ban the box” ordinance will become law no later than Thursday, February 13, 2014. In addition to banning the box, the new San Francisco legislation imposes a host of additional… Continue Reading
Summary 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
2013 – A Year in Review 2014 – 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 2013 and review the complexities of a number of new laws facing employersin 2014. Sacramento Date: January 16, 2014 Time: 9:00 a.m. –… Continue Reading
By: Brendan J. Begley A federal appellate court this week upheld an attorney-fee award of nearly $700,000 to a California employee who won less than $28,000 in damages in a lawsuit alleging wrongful demotion. According to the Ninth U.S. Circuit Court of Appeals in Muniz v. United Parcel Service, Inc., Case No. 11-17282, the trial… Continue Reading
Hot off the print press – Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available. Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco). Seating is limited so register early to reserve your spot. Please contact… Continue Reading
By: Shauna N. Correia Many of our employer clients and their in-house counsel recognize that most of the claims paid in an employment settlement are taxable income for the employee. Employers therefore, wisely require that at least some of the settlement payment to the employee be made in the form of a payroll check, with applicable… Continue Reading
Paralegal 411 Ranked the Top 25 Employment Law Blogs. To review the article, please click here.
By: Lizbeth V. West, Esq. On June 10, 2013, the Seattle City Council unanimously passed a new city ordinance called the “Job Assistance Bill.” The new ordinance applies to employers of all sizes, including temporary and staffing agencies.
Employers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading
By: Chuck Post and Lizbeth West The EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” on April 25, 2012. (“EEOC Enforcement Guidance No. 915.002”.)
By: Shauna N. Correia The Supreme Court shut down a proposed class action against Comcast last week, another step in the right direction for employers faced with class action lawsuits. (Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013).)
By: Lizbeth V. West In Teed v. Thomas & Betts Power Solutions LLC, the Seventh Circuit held that a company that acquired another business’s assets at a receiver’s auction was responsible for paying a $500,000 settlement reached in a Fair Labor Standards Act (FLSA) lawsuit between the predecessor business and its employees. The acquiring company knew… Continue Reading
The newly revised Form I-9 is here! A revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment eligibility of every new hire, must be used starting March 11, 2013. The new form includes the expansion of the Form I-9 from one to two pages (not… Continue Reading
By: Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading
Last year, California revised Labor Code section 2751 such that any employment agreement involving “commission” payments would have to be put into writing with a signed copy of the agreement be given to the employee. Those revisions go into effect on January 1, 2013.
By: Charles L. Post AB 1844 is now law. Among other things, it: (1) prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media or to require the employee or applicant to access personal social media in… Continue Reading
By: Brendan J. Begley California Gov. Jerry Brown signed into law earlier this month the Workplace Religious Freedom Act, AB 1964, a bill that expands the prohibition against religious discrimination by employers. This new law mandates that workers receive equal protection despite their religious beliefs or appearance while protecting those who wear religious attire. The… Continue Reading