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
Tag Archives: Labor Law
Neutral Solutions 2019: A New Year that Brings New Training Obligations
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and RegulationsWhile 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
Neutral Solutions: We Help You Connect The Pieces
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and RegulationsThe Neutral Solutions Team at Weintraub Tobin specializes 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.
New DOL Overtime Rules And The Fluctuating Workweek
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourUnless 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
States And Congress Challenge New Overtime Rules
Posted in Employment Contracts and Agreements, Wage & HourAs 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
University Student Assistants Are Employees Under NLRA
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor LawOn 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
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
San Francisco’s Board of Supervisors Severely Limits Employers’ Criminal History Checks and “Bans The Box”
Posted in Labor LawThe 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
Upcoming Seminar: Untrained Managers and Supervisors – What They Need To Know
Posted in Labor LawSummary 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
REMINDER: The February 1, 2014 Deadline To Post Your OSHA Form 300A Is Fast Approaching
Posted in Labor LawBy: 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.
Employers are NOT Required to Post the NLRB Notice Advising Employees of Their Rights to Organize
Posted in Labor LawBy: 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
Space Still Available: Employment Law Update Seminar
Posted in Labor LawUpcoming 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
New Statutes and Regulations for California Employers to Look Out for in 2014
Posted in Labor LawBy: 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
Upcoming Seminar: Employment Law Update
Posted in Labor Law2013 – 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
Attorney Fees Continue to be the 800-Pound Gorilla in Employment Cases
Posted in Labor LawBy: 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
Weintraub Tobin’s 2014 Labor & Employment Seminars 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 & HourHot 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
Settling Employment Law Claims: You, the Employee,…….and the IRS?
Posted in Labor Law, Wage & HourBy: 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
Mandatory AB 1825 Sexual Harassment Prevention Training
Posted in Harassment, Labor LawSummary 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
Space Still Available for Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims
Posted in Labor Law, Retaliation and Wrongful TerminationSummary 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
Vets Got Class
Posted in Discrimination, Labor Law, New Legislation and RegulationsBy: 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
Upcoming Seminar: Avoiding Retaliation, Whistleblowing and Wrongful Termination Claims
Posted in Labor Law, Retaliation and Wrongful TerminationSummary 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
Gov. Brown Vetoes Pro Plaintiff Mixed-Motive Bill
Posted in Discrimination, Labor Law, New Legislation and RegulationsThis 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
Weintraub Tobin’s Labor & Employment Blog Ranked 22 in the Nation
Posted in Labor LawParalegal 411 Ranked the Top 25 Employment Law Blogs. To review the article, please click here.
Vegan Religious Bias Claim Settles for Enough to Buy A Big Juicy Steak
Posted in Discrimination, Labor LawWhen 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
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