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Barker Olmsted & Barnier, APLC
3550 Camino Del Rio North,
Suite 303
San Diego, CA 92108
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Phone (619) 682-4040


The firm's Alternative Dispute Resolution (ADR) specialty includes cases
- Tort & Commercial Litigation
- Employment & Labor
- Insurance Claims
- Real Estate
- Construction Defect
- General Business
- Individual Matters

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San Diego attorneys representing clients throughout California in the areas of business law, employment law, construction law, commerical litigation, estate planning, real estate, business transactions, and more.

April 2014 Legal Update

Hospital Worker’s Poor Reviews Can’t Foil Age Claim Leave
Terminating an employee for poor performance is not always risk free. Discrimination claims abound. Most businesses try to minimize this risk by documenting disciplinary actions. Although documentation is vital, ensuring your company policies are consistent with disciplinary actions is equally important. In a recent California case, Cheal v. El Camino Hospital, the California Court of Appeal held the inconsistencies between an employer’s policies and disciplinary actions gave rise to the inference of an illegal motive for terminating an employee.

San Diego Proposes Minimum Wage Increase and Mandatory Sick Pay
The California legislature recently voted to increase the state minimum wage, but City of San Diego politicians want more. They want a higher minimum plus mandatory sick pay.

Arbitration Agreement Partially Void Under California Law
California courts have cracked down on employer arbitration agreements, often finding the agreements too unfair to enforce (“unconscionable”). Employers are then forced to litigate the case in court, instead of submitting the matter to arbitration. The multitude of cases striking down arbitration agreements can leave employers confused about how to craft a binding arbitration agreement. A recent California Court of Appeal case titled Lane v. Francis Capital Management sheds some light for employers on which labor claims are subject to arbitration and how to create a binding arbitration agreement.

Proposed Amendments to CFRA

The California Family Rights Act (CFRA) provides leave rights for employees relating to the birth of a child, adoption of a child, care for a seriously ill child, parent or spouse, or for the employee’s own serious health condition. In many ways, this California leave law resembles the federal FMLA, although there are some important differences. Recently, the California government has been reviewing updated regulations for CFRA.

Staffing Company Not Liable for Poisoning

Workplace disputes between employees cause headaches for employers who are often caught in the middle. In rare cases, disputes get out of hand and someone gets hurt. A recent California case will make most workplace disputes seem minor by comparison. In Montague v. AMN Healthcare, Inc., a staffing agency employee poisoned her co-worker after a disagreement. The court examined whether the employer may be held liable for this criminal act.

Dowload the pdf version of the April 2014 Legal Update here.





Barker Olmsted & Barnier employment law attorneys offer interactive workshops, presented to both management and staff, tailored to each company's Sexual Harassment policy. Complies with California SB 1825. Competitive cost!

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Has your handbook been reviewed by an employment law attorney for legal compliance? Contact attorney Christopher Olmsted for a free quote and details on how we can assist. Competitive rates! / (619) 682-4820.

Click below for more information on employee handbook reviews:

Employee Handbook Guidance and Review

Employee Handbook Guidance and Review (pdf version)

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Upcoming Seminars:

Exempt vs. Non-Exempt


Date: Friday, May 16, 2014

Time: 2:00pm - 3:30pm

Location: Teague Insurance Agency, 4700 Spring Street, 4th Floor, La Mesa, CA 91942

Speaker: Christopher Olmsted, Esq., a labor/employment attorney and partner with
Barker Olmsted & Barnier, APLC.

Employers are often sued by employees who challenge their exempt status, claiming that they are entitled to overtime. The executive and administrative exemptions are the most commonly used - and abused - exemptions. This employer workshop will review the rules and provide special strategies which employers can use to minimize the risk of litigation.

For Registration Information, please contact:
Candy McLaughlin
(619) 668-4719

Employment Law A to Z

Date: Friday, June 20, 2014

Time: 8:30am - 4:30pm

Location: Holiday Inn, 3805 Murphy Canyon Road, San Diego, CA 92123

Speakers: Christopher Olmsted, Esq., a labor/employment attorney and partner with
Barker Olmsted & Barnier, APLC and other employment law attorneys

HR Continuing Education Credits and MCLE will be offered.

This seminar surveys California employment law, from wage and hour, leaves, discrimination and harassment, and best HR policies and practices, among other topics. A great choice for HR professionals as well as managers and executives.

Registration Info:­seminars/­391749
(Note: There is a registration fee)

Upcoming Webinar:

Avoiding HR Documentation


Date: Thursday, June 5, 2014

Time: 9:00AM - 10:30AM PST

Fee: Complimentary (free!)

Presented By: Christopher Olmsted, Esq., a labor/employment attorney and partner with
Barker Olmsted & Barnier, APLC

HR Continuing Education Credits and MCLE will be offered.

The goal of good documentation is to create a credible record. Accurate and timely memorialization of facts of incidences and the steps and actions taken by the employer can have a tremendously positive (or negative) impact on the outcome of an internal matter or an employment claim matter.

While management understands the need to document certain personnel matters, mistakes are often made when it comes to "what" and "how" to document. This presentation will cover the best documentation strategies, and review common mistakes that can result in lawsuits.

Documentation topics covered will include: discipline, medical leave such as PDL (as well as all other leaves), accommodations such as ADA, performance feedback, harassment claims, layoffs, pay practices, and more.

After registering you will receive a confirmation email containing information about joining the Webinar.


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