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Tag Archives: Labor Law

Space Still Available for Upcoming Seminar: Risks and Benefits of Social Media and Computers in the Workplace

Posted in Employee Privacy Rights, Labor Law

Summary of Program Employees use networking sites to communicate with one another (as well as current and potential customers). They post their daily thoughts and activities, uploading photos and, occasionally, adversely impact their employers’ business. What can an employer do to protect itself without intruding on employee rights? Program Highlights Employer’s use of employee’s social… Continue Reading

Nanny State Gives Nannies Overtime Under New California Law

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On Thursday, Governor Jerry Brown, signed into law AB 241, providing overtime to nannies and other domestic workers in California. The new law requires employers to pay time-and-a-half overtime to any nanny, housekeeper, or personal attendant who works more than nine hours in one day, or 45 hours in a week. Coupled with California’s new… Continue Reading

Upcoming Seminar: Risks and Benefits of Social Media and Computers in the Workplace

Posted in Labor Law

Summary of Program Employees use networking sites to communicate with one another (as well as current and potential customers). They post their daily thoughts and activities, uploading photos and, occasionally, adversely impact their employers’ business. What can an employer do to protect itself without intruding on employee rights? Program Highlights Employer’s use of employee’s social… Continue Reading

Want to Organize Your Employer? There’s An App for That: NLRB Launches Mobile App to “Educate” Employees About the NLRA

Posted in Labor Law

August 30, 2013 will soon be remembered as the day the current National Labor Relations Board (NLRB) turned a corner and became a full-fledged advertising agency for union organization. On that day, the NLRB announced the release of a free NLRB mobile app for mobile smartphone users. Under the guise of “educating” employees about the… Continue Reading

Do You Think The ACA Is Asleep Because The Employer Mandate Was Postponed? Think Again!: Required Employee Notices Soon Due!

Posted in Labor Law

Enrollment in the Health Insurance Marketplace is set to begin on October 1, 2013. While many employers believe the requirements of the Patient Protection and Affordable Care Act (ACA) were put off a year for them, many provisions still apply now. By no later than October 1, 2013, most employers must distribute a notice of… Continue Reading

Amendment to the Labor Code Makes it Harder for Employers to Get Attorney’s Fees if They Prevail in an Unpaid Wage or Benefit Claim

Posted in Labor Law, Wage & Hour

By: Lizbeth V. West, Esq. Governor Brown signed Senate Bill (SB) 462 which places restrictions on an employer’s ability to recoup attorney’s fees when it prevails in an unpaid wage or benefit claim. Labor Code section 218.5 previously provided that except in certain circumstances, in an action brought for the nonpayment of wages, fringe benefits, or… Continue Reading

Food and Beverage Companies Beware: New Risks Associated with Whistleblower Protections Under the Food Safety Modernization Act

Posted in Labor Law

The FSMA is the most extensive change to the U.S. food safety system in more than 70 years. Signed into law in 2011, the FSMA directs the U.S. Food and Drug Administration (FDA) to issue numerous regulations directed toward enhancing food safety and minimize the risk of foodborne illnesses. As with almost every law nowadays,… Continue Reading

Employer Wins: Independent Contractor Determination Is Binding On California Labor Commissioner

Posted in Labor Law, Wage & Hour

By:  Lizbeth V. West As many California employers are learning the hard way these days, the misclassification of workers as independent contractors rather than employees can have far reaching consequences when an employer is audited by different governmental agencies during either a random audit or an audit that is prompted in response to a claim… Continue Reading

Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet

Posted in Labor Law, Wage & Hour

By:  Shauna N. Correia Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity… Continue Reading

Upcoming Seminar – Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Posted in Labor Law, Wage & Hour

Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain… Continue Reading

The EEOC Is Now Officially An Employee Side Employment Law Firm

Posted in Labor Law

For years, California’s employers have suspected that the EEOC is not the neutral investigative agency it holds itself out to be. Through the process of dealing with recalcitrant advocates, err investigators, employers know all too well that often times the EEOC seems to be on a mission that is anything but a straight forward fact… Continue Reading

Upcoming Speaking Engagement – Healthcare Reform, The Law & Wellness: It’s Still Crunch Time

Posted in Labor Law

Labor & Employment attorney Beth West will speak at this SACTO workshop, which will equip you with the resources, tools, and knowledge you need to get your business ready for a healthier, more productive, and compliant workplace. Learn more about the recent changes and new timeline for Healthcare Reform as well as successful wellness programs… Continue Reading

Court Holds Volunteer is NOT an Employee under FEHA

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Chelcey E. Lieber In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the City… Continue Reading

SEVEN WEINTRAUB TOBIN ATTORNEYS INCLUDED IN THE TOP 25 LIST BY SUPER LAWYERS

Posted in Labor Law

SACRAMENTO, 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 Law

Join 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

Who is the Supervisor? Supreme Court Resolves Long Simmering Question Under Title VII

Posted in Harassment, Labor Law

By:  Chuck Post In Vance v. Ball State University, the Supreme Court clarified a long open question, “Who is a supervisor under Title VII?” The question is important because employers are directly responsible for employee harassment by a supervisor. In the case of worker harassment of a co-worker, however, employer liability is less direct. In the… Continue Reading

Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims

Posted in Labor Law, Retaliation and Wrongful Termination

By:  Chuck Post In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was the… Continue Reading

Certain Businesses Must Post Public Notices Regarding Rights of Victims of Human Trafficking

Posted in Labor Law, New Legislation and Regulations

By:   Duyen T. Nguyen Civil Code §52.6 requires specified businesses and other establishments, as of April 1, 2013, to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity. There are specific posting mandates, language requirements, and penalties for failure to post.

Upcoming CEAC Seminar: Labor Law, Hiring and Firing, and Conflict Management

Posted in Labor Law

Join Weintraub Tobin’s attorney Beth West who will be speaking at the Yuba/Sutter/Colusa EAC’s seminar on Friday, June 21, 2013. The Topic: Labor Law, Hiring and Firing, and Conflict Management Time: 8:00 a.m. – 12:00 p.m. Location: Peachtree Golf & Country Club 2043 Simpson Dantoni Road Marysville, CA 95901 For additional information and to register,… Continue Reading

Non Union Employers Beware: OSHA Has Just Become A Union Organizer

Posted in Labor Law

In a little publicized letter of interpretation, dated April 5, 2013, the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection of non-union worksites, employees can be represented by anyone selected by the employees including outside union agents. In so doing, the letter, issued to the Steelworkers Union… Continue Reading

The Value and Risks of Severance and Release Agreements

Posted in Labor Law

By:  Brendan J. Begley In appropriate circumstances, a severance agreement containing release-of-claims provisions may be the most desirable way to end an employment relationship with an employee. Such agreements can facilitate a smooth transition while greatly reducing the employer’s exposure to costly lawsuits alleging wrongful termination, discrimination, retaliation, or other theories of recovery. However, there… Continue Reading