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
August 2010 Update
Drop An F-Bomb, Forfeit Unemployment? Employees Discharged For Profanity May Be Disqualified From Receiving Unemployment Benefits
A foul-mouthed employee may cross the line into willful misconduct territory, disqualifying him from receiving unemployment benefits if terminated. This article explores the California EDD’s regulations concerning the issue.
Disability Accommodation / Workers’ Compensation Update: Court Flushes Sewage Facility Employee’s Accommodation Claim
The ADA and the California Fair Employment and Housing Act require employers to engage in an interactive process with disabled employees in order to determine whether a reasonable accommodation may be offered. What happens if the employee does not initiate the process? Does the employer still have an obligation to offer an accommodation? A recent California appellate court addressed this question in a case titled Milan v. City of Holtville.
Independent Contractor Update: Drivers Are Employees Despite Independent Contract
When it comes to making some kinds of workers independent contractors, the old saying about putting lipstick on a pig comes to mind. Sometimes an employee is an employee no matter how he is dressed up to look like an independent contractor. A transportation company found this to be the case in a recent decision published by the federal Ninth Circuit Court of Appeal.
Wage and Hour Update: Employer Beats Hypertechnical Wage Statement Class Action
The California Labor Code is very specific about what information must be included on an employee’s wage statement (paystub). For example, an employer is required to list the “total hours worked” during the pay period—but is it sufficient to list the total regular hours and the total overtime hours, or must the employer also list the total combined hours? A California court recently addressed this issue in a case titled Morgan v. United Retail.
Court Awards Attorney Fees To Prevailing Employer In Wage Claim Lawsuit.
Litigation can be a losing proposition even for employers with strong defenses, what with legal fees and other costs. Many employment laws entitle the winning employee to recover fees, but do not provide the same remedy for winning employers. But there are a few exceptions. A recent California appellate court case titled Kirby v. Immoos examined one such exception in the context of a Labor Code claim for wages.
Download the entire August 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 SEMINAR August 2010
Protecting Your Company Against
Unmerited California EDD
Unemployment Benefits Claims
Presenter: Christopher W. Olmsted, Esq. (San Diego, CA)
Date: August 19, 2010
Time: 9:00 a.m. to 10:00 a.m. (Pacific)
Cost: Free!
Location: Online
Frequently overlooked grounds for unemployment benefit disqualification.
How employees might qualify for benefits despite a “voluntary quit,” and what to do about it
Identifying claims worth challenging (and those not worth challenging)
Preparing evidence to support a benefits challenge
Complying with procedural rules to keep your challenge on track
How To Register:
The webinar will be presented through GoToWebinar. To register, follow this link:
https://www2.gotomeeting.com/register/323803323
If you have questions, please email Nicole Schard at nrs@barkerolmsted.com or call her at (619) 682-4040. |
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