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Practice Areas:
Business Law and Civil Litigation
Areas of Emphasis:
Employment Law Compliance and Litigation
Bar Admissions:
California, 1994
California District Court, Central and Southern Districts of California
U.S. Court of Appeals, Ninth Circuit
Education:
J.D., Loyola Law School, 1994
B.A., University of California, Berkeley, 1991
Experience:
Mr. Olmsted is an attorney practicing in San Diego and throughout California in the areas of employment law, business litigation and real estate litigation.
Mr. Olmsted's employment law compliance and litigation experience includes: FEHA and Title VII claims regarding race, gender, age, religion, national origin, sexual orientation, disability, pregnancy and sexual harassment; California CFRA and federal FMLA; federal ADA and ADEA; False Claim and whistle blowing actions; public policy violations and other wrongful termination claims; ERISA; wage and hour claims; independent contractor misclassification claims; class actions; misappropriation of trade secrets; Labor Commissioner claims (Department of Industrial Relations, Division of Labor Standards Enforcement claims), EDD and Unemployment Insurance claims.
Mr. Olmsted regularly consults with clients regarding employment law compliance, and also provides training to management and staff, as well as other attorneys.
Mr. Olmsted serves as an instructor at Cal State University San Marcos, teaching a course titled "Legal Issues for HR Professionals" as part of the Human Resource Management Certificate Program.
Mr. Olmsted is available to serve as your employment practices liability insurance defense counsel ("EPLI" or "EPL").
For more information on the employment law practice, visit our Employment and Labor Law Practice page.
Mr. Olmsted’s business litigation experience includes commercial law/Uniform Commercial Code disputes, breach of contract, misappropriation of trade secret claims, unfair business practices/Business & Professions Code 17200 claims, real estate disputes, construction claims, insurance defense, and a variety of other business disputes.
Mr. Olmsted has represented clients in state and federal jury and bench trials, judicial and contractual arbitrations, and administrative law hearings. Mr. Olmsted also has significant experience representing clients on appeals before California and federal courts of appeal.
Mr. Olmsted is a member of: San Diego Regional Chamber of Commerce, Legal Committee and Small Business Advocacy Committee, Association of Business Trial Lawyers, California Bar Employment Law Section, and the San Diego County Bar Association Insurance Section.
Recent Speaking Engagements
As a San Diego employment law attorney, Mr. Olmsted is frequently invited to speak to industry groups, human resources organizations, continuing education forums, and private gatherings in southern California and other regions. Upcoming events are listed on our News and Events Page. Recent speaking engagements include:
Understanding Health Care Reform, San Diego, December 2010
Annual Employment Law Update, November 2010 and 2011, North County Personnel Association (NCPA)
Annual Employment Law Update, December 2010 and 2011, Professionals In Human Resources Association (PIHRA), Temecula.
Employer Strategies For Addressing Unmerited Unemployment Benefits Claims, Webinar, August 2010
Labor and Employment Law for Nonprofit Organizations, University of San Diego, San Diego Nonprofit Human Resources Symposium, June 2010 and 2011
Pregnancy In The Workplace: Updated Tips On How To Provide Leave And Protect Your Organization Webinar, March 2010
Employment Law for Paralegals, University of San Diego Paralegal Program, March 2010.
2010 Legal Update For Employers, PIHRA, Temecula, CA January 2010.
ADA Employment Law Issues For Employers, Sterling Educational Services, San Diego, January 2010.
Employment Law For Human Resources Professionals, Instructor for Cal State San Marcos Temecula Campus, Fall 2009; CSUSM Campus Fall 2011.
Employment Law Update, American Payroll Association, October 2009.
Terminations of Employees While on Protected Leaves of Absence, Teleconference May 2009.
Pregnancy Discrimination and Leaves of Absence Under Federal And California Law, Teleconference April 2009.
COBRA Obligations Under ARRA, March 23, 2009.
Advanced FMLA Strategies, March 20, 2009.
2009 Employment Law Update, Inland Empire SHRM, February 20, 2009.
Workplace Investigations, December 12, 2008.
Electronic Monitoring in the California Workplace: How to Keep Tabs on Your Employees Without Breaking the Law, Telephonic audio conference, September 2008.
Strategies For Keeping The EEOC/DFEH Away & What To Do If They Show Up, San Diego, CA July 2008.
Employer Compliance With COBRA, CalCOBRA and Interaction With Medicare, San Diego, CA June 2008.
Sexual Harassment Law: Recent Trends and Developments, San Diego, CA May 29, 2008.
Layoffs and Terminations For The Construction Industry: How To Avoid Getting Sued, Engineers and General Contractors Association, San Diego Chapter, May 2008.
Avoiding Independent Contractor Misclassification Claims, San Diego, CA May 2008.
Employer's Essential Legal Update for 2008, American Payroll Association, San Diego Chapter, February 2008.
California Employment Law Trends and Developments, CalCPA Litigation Section, October 2, 2007.
Problematic Employee Behavior: What To Do If Workplace Misconduct Is Caused By An ADA or FEHA Disability?, North County Personnel Association (NCPA), September 12, 2007.
California Employment Law From A to Z, Lorman Educational Services Seminar, San Diego, CA, June 21, 2007.
Workplace Investigations, presented to East County Personnel Association (ECPA) on May 17, 2007, sponsored by The Baron Center.
Employee Discipline and Termination, San Diego Business Resources Group, San Diego, CA, April 2007
How to Avoid Getting Sued: Wage and Hour Issues for the Construction Trade Engineers and General Contractors Association (EGCA) San Diego, CA, February 2007.
Speaker regarding California and Federal Employee Leaves of Absences, Lorman Educational Services Seminar, San Diego, CA, in 2003, 2004, 2005, 2006, 2007 and 2008.
Human Resource Policies that Prevent Lawsuits, National Business Institute, San Diego, CA, September 15, 2006.
California Wage and Hour Law, San Diego, CA, July 6, 2006.
Protecting Company Trade Secrets and Other Confidential Information in California, San Diego, CA, March 22, 2006.
Firm-sponsored seminar on Employment Law: Hiring Do's and Dont's, San Diego, CA, January 5, 2006.
Firm-sponsored seminar on Employment Law: Using Workplace Policies To Minimize Liability, San Diego, CA, February 2, 2006.
Speaker regarding Assessing Your HR Policies and Practices In California, Lorman Education Services Seminar, San Diego, CA, February 9, 2006.
Speaker on "Hiring to Separation: A Soup to Nuts Guide in California" May 26, 2005 and May 24, 2006.
Speakers on "California Wage and Hour Laws and FLSA Update" Oct 7, 2004.
Speaker on “The Nuts & Bolts of Prevailing Wage Law” for the Engineering General Contractor’s Society, San Diego, December 2, 2003.
Speaker on “How to Litigate Your First Civil Trial in California,” National Business Institute, San Diego, CA, 2003.
“Discovery Skills For Legal Staff in California,” San Diego, CA, 2006.
Firm-sponsored seminar on Employment Law: Avoiding Liability in the Hiring Process, San Diego, CA, March 27, 2003.
Speaker regarding Employment Issues for the Construction Trade, Lorman Educational Services Seminar, San Diego, CA July 20, 2002.
Speaker on Legal Updates for the San Diego Insurance Adjuster's Association (SDIAA), Review of interesting legal developments affecting casualty insurance in California, San Diego, CA, February 12, 2004.
Reference Handout
Future Seminars: See our News and Events Page for upcoming seminars.
Need a Speaker? Mr. Olmsted is available for "HR" human resources and employment law presentations. Contact him at cwo@barkerolmsted.com to check his availability.
Pro-Bono Activities:
- Westwind Brass, Board of Directors member
- Jenna Druck Foundation, Board of Directors member
- San Diego Volunteer Lawyer Program – Domestic Violence Clinic
- San Diego Volunteer Lawyer Program – Disaster Relief Assistance
Articles:
Please visit our News and Events page for recent articles included in the firm's Legal Update publication. On the News and Events page, you may also sign up for our complimentary monthly publication.
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December 2011 Legal Update
New California Employment Laws in 2012
California legislators introduced and passed a slew of labor and employment bills in 2011. California imposed a number of new mandates on employers for 2012.
Significant 2011 Employment Law Cases
A review of important court cases decided during this year.
Download the entire December 2011 Update in PDF format by clicking the link below:
Click here.
Denial of California Unemployment Benefits for Making Unjustified Complaints.
Where an employee is terminated for excessive griping about working conditions, hours, wages, co-workers, supervision, or any one of a variety of things, may the employee be disqualified for unemployment benefits for willful misconduct? Yes, in certain circumstances. This article explains how.
Pension Fund Withdrawal Liability Can Cripple Companies When Terminating Union Relationships.
Terminating a union contract can be an expensive proposition for a business. Under federal law, the union pension fund can assess a “withdrawal liability” to cover unfunded pension benefits.
Some businesses have set up a separate enterprise to take on unionized projects, but this is not a panacea for withdrawal liability. In a recent 9th Circuit Court of Appeal decision titled Resilient Floor Covering Pension Fund v. M & M Installation, Inc., the court addressed the issue of whether a non-union company may be liable on an alter-ego theory for pension fund withdrawal liability incurred by a union company when there is commonality between the union and non-union firms.
Click below to download the entire January 2011 Legal Update in PDF Format:>
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Legal_Update_January_2011.pdf |
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December 2010
Employer's Essential 2010-2011 Update
Happy Holidays! This issue reviews 2010 legal developments and new state and federal laws in effect for 2011 affecting employers. Among developments on the state level, a new paid leave law for organ donors is on the books, and Cal/OSHA has become more stringent. On the federal level, we have major health care reform.
We also look back on 2010 and review significant court decisions that will affect the way you interact with your employers. The California Supreme Court broadened the types of evidence admissible to prove employment discrimination, making it more difficult for employers to defeat claims. It made narrow rulings on wage and hour issues related to tipping and kin care leave. The U.S. Supreme Court tackled workplace privacy, arbitration agreements, and disparate impact discrimination claims.
Thank you for your ongoing interest in this publication. I especially appreciate all of the feedback, comments and questions. I will endeavor to keep you updated in 2011 through this publication, educational seminars, and one-on-one consultation.
Have a happy and prosperous 2011!
Sincerely, Chris Olmsted
Labor & Employment Law Legislation: New California And Federal Laws Enacted In 2010
Significant 2010 California and Federal Labor & Employment Law Cases
2010 Labor & Employment Regulatory And Agency Update
Download the entire Employer's Essential 2011 Labor & Employment Law Update in pdf format: |
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Legal_Update_December_2010.pdf |
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Wage and Hour Update: Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed
The U.S. Department of Labor recently issued an opinion letter on the topic of pro-rated salaries for exempt employees. Click here: Salary Proration. |
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Sexual Harassment Update
In a recent unpublished California appellate court case, Orlando v. Alarm One, Inc., the court examined this question: is spanking employees sexual harassment? The answer has implications of general application, so read on even if you work in a spank-free environment.Click here: Sexual Harassment: Spanking. |
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Cal Supreme Court Sets High Standard For Enforcement Of Class Action Waivers
A long-awaited ruling regarding class action waivers may cause employers to redraft their arbitration agreements. Click here: Class Action Waivers. |
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Well-Documented Misconduct Investigation Helps Defeat Discrimination Lawsuit.
Some employees terminated for cause will claim that the employer devised trumped up charges as a means to discriminate. Find out how one employer defeated the claim. Click Here. |
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Vacation Policies Must Not Single Out Workers Comp Claimants
Employers must not discriminate against workers with industrial injuries. Well-meaning employee handbook policies may inadvertantly violate Labor Code section 132a. A recent case illustrates how vacation policies can create such discrimination claims. Click here. |
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Drug Company Discriminates But Dodges Harassment.
California court articulates difference between discrimination and harassment, saving the employer millions. Roby v. McKesson HBOC. Click here.
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1099 vs. W-2? Employer Faces Hefty Fine for Misclassifying Employees as Independent Contractors.
When a company misclassifies workers as independent contractors, the EDD and other government agencies may take action. JKH Enterprises, Inc. v. Department of Industrial Relations. Click Here for Article. |
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Apparel Maker Defeats Employee's FMLA Lawsuit.
When may an employer termination of a non-performing employee who is exercising FMLA or CFRA rights? Neisendorf v. Levi Strauss & Co Click Here for Article. |
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Cal Supreme Court Enforces Poorly Worded At-Will Agreement
Use of At Will agreements are a fundamental employment law practice. What is the proper wording for at will agreements? Dore v. Arnold Worldwide, Inc. Click Here for Article |
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DLSE Authorizes Partial Day Vacation Deductions for Exempt Employees
The exempt classification can be lost where employees are improperly docked salary or vacation. What is the new rule regarding vacation deductions for exempt employees? Click Here for Article September 2006 |
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Client Update: No Duty to Transform Temporary Light-Duty Position Into Permanent Position by Christopher W. Olmsted
"Common Business Contract Provision Voided by Supreme Court" by Christopher W. Olmsted
"Designation of AAA in Employee Arbitration Agreement Can Backfire" by: Christopher W. Olmsted
"California Supreme Court Preserves Status Quo Uncertainty Regarding Charter City Exemption from Prevailing Wages" by: Christopher W. Olmsted
“Legislature Doubles Labor Code Fine for Contracting with Unlicensed Contractor,” by Christopher W. Olmsted
“Are your Employment Arbitration Agreements Still Enforceable?” by Christopher W. Olmsted
“Legislative Update: Labor Code Private Attorneys General Act,” by Christopher W. Olmsted
“What to do in the First 30 Days After Being Sued,” by Christopher W. Olmsted
- Standard Industries v. Matrix Industries, Case Summary listed in Daily Journal Extra, Contracts - Breach of Contract, Construction
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