In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written… Continue Reading
While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment… Continue Reading
The Labor & Employment attorneys at Weintraub Tobin specialize 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.
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
As we continue marching toward D-day on the Department of Labor’s new overtime rules kicking in, the rules are facing last minute challenges from all angles. First, states and private businesses pushed back. In late September, 21 states jointly filed a lawsuit in the Eastern District of Texas asking that the court block the DOL… Continue Reading
On August 23, 2016, the National Labor Relations Board (NLRB) issued a decision in The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW. The NLRB decided that graduate and undergraduate student assistants are common law “employees” within the meaning of the National Labor Relations Act (NLRA). The… Continue Reading
By: 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
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
By: Lizbeth West, Esq. What is it? OSHA Form 300A is a form that summarizes the total number of job-related injuries and illnesses that occurred during 2013. The form must be posted no later than February 1, 2014 and must remain posted through April 30, 2014.
By: Lizbeth V. West, Esq. On January 6, 2014, the National Labor Relations Board (NLRB) announced that it has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in… Continue Reading
Upcoming Seminar: Employment Law Update 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 employers in 2014. Sacramento Date: January… Continue Reading
By: Meagan Christiansen As has become a pattern each year, there are a number of new laws enacted in 2013 that will undoubtedly affect California employers in 2014. The attached is a brief description of the major new legislation and regulations that employers should look out for. Please do not hesitate to contact any one… 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
Summary 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
Summary of Program Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger. The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human… Continue Reading
By: James L. Brannen Currently, the Fair Employment and Housing Act (FEHA) protects the right of persons to seek, obtain, and hold employment without discrimination on account of various classes including, “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,… Continue Reading
Summary of Program Exposure to retaliation claims in the workplace today is like exposure to second-hand smoke in the workplace in the 1960s – It’s everywhere but few people understand the danger. The Labor and Employment Group at Weintraub Tobin is pleased to offer this very important training session that will help business owners, human resource professionals,… Continue Reading
This year, lawmakers and their plaintiff’s bar buddies asked Governor Jerry Brown to recast awards in so-called mixed-motive discrimination cases. Brown vetoed Senate Bill 655, leaving in place the State’s high court ruling in Harris v. City of Santa Monica in February 2013. In that 6-0 decision, Brown’s appointee Liu said a workplace firing based… Continue Reading
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When a workplace practice conflicts with an employee’s religious beliefs, the employer must consider whether a religious accommodation is available. This is the basic rule of Title VII of the Civil Rights Act. Many times, these issues arise in the form of scheduling conflicts when an employee’s religion compels worship on a particular day. Typical… Continue Reading