Personalized
Commitment.
Practical Advice.
Proven Results.
San Diego attorneys representing clients throughout California 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
February 2010 Legal Update
Wrongful Termination Update Employee Protected From Termination After Making False Overtime Claim
An employee claims that he worked overtime, but an investigation reveals that his claim is false. The employee claims he made a mistake, but the company concludes otherwise. He should be terminated, right? Not so fast. California law might offer protection to such an employee. In a case titled Barbosa v. Impco Technologies, a California appellate court found that complaining about missing overtime can be a protected activity, and that firing the complainer may be a wrongful termination.
Discrimination Law Update: Hotel Chain Guilty of Sex Discrimination For Firing Homely Clerk
Are ugly people protected by law? They might be, if an employment decision is made based on sex stereotypes. While reasonable grooming and dress standards may be appropriate, standards that are dependent on stereotypical views of sexual attraction, or unduly burden one gender more than the other, may violate state and federal anti-discrimination laws. In an Eighth Circuit federal case titled Lewis v. Heartland Inns of America, the court examined this issue.
Federal Agency Employment Law Update
The government has published updated model forms for the recently extended COBRA subsidy. The EEOC has published new discrimination statistics showing increased claims in certain categories. The IRS has decreased the mileage reimbursement rate.
Download the entire February 2010 Legal Update in PDF format:
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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 San Diego 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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EMPLOYEE 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. FMLA, CFRA, PDL, and more. 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. Competitive cost! |
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Sexual_Harassment_Prevention_Training.pdf |
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UPCOMING
EMPLOYMENT
LAW
SEMINARS
2010
LEGAL
UPDATE
WEBINAR
Are you ready for 2010? Participate in a live webinar with Q & A to get started on the right track!
Date: January 22, 2010
Time: 8:30 a.m. to 9:30 a.m. (plus Q&A time)
Location: Online and via teleconference
Cost: FREE!
This Legal Update covers a number of legal developments that will affect how employers interact with their employees in 2010 and beyond. Chris Olmsted will be presenting a live webinar on January 22, 2010 where he will elaborate on these developments and provide practical tips for complying with new laws and recent court decisions.
Topics Include:
New California labor & employment laws
New Federal labor & employment laws
Regulatory agency developments
Important 2009 California Supreme Court decisions
Significant 2009 U.S. Supreme Court decisions
There will be live Q&A time after the main presentation. Come prepared with your questions!
To participate you will need a computer with internet access and a phone line.
Advanced registration is necessary. Please call or email Nicole at (619) 682-4040 or nrs@barkerolmsted.com for more information on registration.
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