Barker Olmsted
& Barnier
Celebrates
Over A Decade
Supporting
San Diego
Businesses
San Diego attorneys representing clients in the areas of employment law, construction law, commercial litigation, real estate, business transactions, estate planning, and more.
Contact Information
Barker Olmsted & Barnier, APLC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Phone (619) 682-4040
Facsimile (619) 220-7056
E-mail info@barkerolmsted.com
LEGAL UPDATE
September 2008
FAMILY MEDICAL LEAVE UPDATE: Hospital Visit Should Have Alerted Employer To CFRA Coverage.
California employers covered by the California Family Rights Act (“CFRA”) must promptly respond to employee requests for leave. But what happens when the qualified employee never actually requests leave? A recent California appellate court decision, Avila v. Continental Airlines, says that the employer may still need to grant CFRA protections if the employee provides mere hints of CFRA coverage.
BENEFITS UPDATE: Sick Pay To Remain A Benefit, Not Entitlement---For Now.
Is sick pay an employee entitlement or a benefit? In California, AB 2716, a bill seeking to make sick pay an entitlement that all employers must provide has died in the Senate. But it will be back.
DISABILITY DISCRIMINATION UPDATE: Cal Supreme Court Lets Stand A Key Disability Ruling.
The California Supreme Court denied a petition for review in a case titled Arteaga v. Brink’s Incorporated, letting stand an appellate court ruling that circumscribed the definition of “disability” under California law.
EMPLOYEE AGREEMENTS UPDATE: Common Non-Competition Agreement Provision Now Invalid.
A recent California Supreme Court case, Edwards v. Arthur Anderson, has eliminated one common term of noncompetition agreements. What protections does an employer still have?
CIVIL RIGHTS UPDATE: Religious Beliefs No Defense To Unruh Act Discrimination Claims.
The California Supreme Court recently addressed the issue of employee religious beliefs vs. customer civil rights in a San Diego case titled North Coast Women’s Care Group, Inc. v. Superior Court.
IMMIGRATION LAW UPDATE: ICE Continues Enforcement Trend With Largest Raid Ever.
Federal immigration authorities conducted the largest single-workplace immigration raid in U.S. history on August 25, 2008. Will the employer’s management face criminal charges?
WAGE AND HOUR LAW UPDATE: New Law Modifies Temporary Agency Employee Paydays; Companies Hiring Temps Should Confirm Compliance.
SB 940, effective January 1, 2009, allows staffing agencies to pay temporary employees on regular paydays, rather than at the conclusion of each assignment.
A USERRA UPDATE: Arbitration Agreement Covers USERRA Claim; Will California Courts Follow?
In a federal Sixth District case, Landis v. Pinnacle Eye Care, the court determined that USERRA claims are subject to employee arbitration agreements. Will California follow this rule?
To download the Legal Update in PDF format, click below:
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Employment Law
Guidelines
For Employers
INDEPENDENT CONTRACTOR STATUS?
Uncertain about whether your independent contractors are misclassified employees? Confused about 1099 vs. W-2? Our complimentary concise information sheet, "Determining Independent Contractor Status" has been prepared by employment law attorney Christopher Olmsted. It is available upon request. We will send you the free document if you contact our legal assistant Nicole (619) 682-4040 or email her at nrs@barkerolmsted.com.
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EXEMPTIONS. Need help with white collar wage and hour exemptions? Should your employees be classified as exempt or non-exempt? This chart provides a general description of the California and Federal rules regarding executive, administrative, professional, sales, and other exempt classifications. For the free chart, email our assistant Nicole at nrs@barkerolmsted.com.
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LEAVE LAWS.Employers have a difficult time determining which leave laws apply to their organization, what obligations are imposed, and what employee entitlements arise under the leaves of absence potentially applicable. Updated to include California and federal military leave rights. For a free chart summarizing California and Federal Leave of Absence laws, email our assistant Nicole at nrs@barkerolmsted.com.
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SEXUAL HARASSMENT PREVENTION TRAINING
Barker Olmsted & Barnier employment law attorneys offer interactive workshops, presented to both management and staff, tailored to each company's Sexual Harassment policy.
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Sexual_Harassment_Training.pdf |
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UPCOMING
EMPLOYMENT
LAW
SEMINARS
California Leaves of Absence
Date: November 13, 2008
Time: 8:30 a.m. to 4:30 p.m.
Location: The Handlery Hotel and Resort, 950 Hotel Circle North San Diego, California
Click here for agenda details.
Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com.
Workplace Investigations
December 12, 2008
Location: Sheraton Suites, San Diego
Time: 8:30-4:30
Continuing Education Credit Available
Workplace investigations present both opportunity and peril. Properly conducted, investigations identify and remediate personnel conflicts and potential legal liability. But the unschooled investigator can exacerbate employer liability. This seminar arms you with essential strategies and skills needed to protect the employer. It presents a unique combination of industrial psychology, HR best practices and legal risk management. Whether you are new to the field or have years of experience, you'll walk away with the ability to confidently handle every challenge you face.
Topics Include:
When and Why to Investigate
How to Properly Plan and Conduct an Investigation
Strategic Interviewing
Concluding the Investigation.
Click here for agenda details.
Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com.
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