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The firm's Alternative Dispute Resolution (ADR) specialty includes cases
involving:
- Tort & Commercial Litigation
- Employment & Labor
- Insurance Claims
- Real Estate
- Construction Defect
- General Business
- Individual Matters
For further information please click here.


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

July 2008



July 2008 Legal Update

Wage & Hour Update: Employer Wins Holiday Pay Lawsuit. Some employers provide premium pay to employees who work on holidays. Where employees earning holiday pay work overtime, what are the overtime rules? A California appellate court case titled Roman v. Advanced-Tech Security Services, Inc. answered that question. Click here for the article: California Holiday Pay Rules.

Workers’ Compensation Update: Employer’s Right To Limit Chiropractic Treatments. Labor Code section 4604.5(d) limits injured workers to 25 chiropractic visits unless the employer approves more. A California appellate court recently upheld the constitutionality of this limitation. Click here for the article: Workers’ Comp Chiropractic Treatment.

Discrimination Update: New DFEH Director Aims to Reinvigorate Department. California’s civil rights agency, the Department of Fair Employment and Housing, has announced an ambitious three year plan to step up enforcement of the state’s antidiscrimination laws. Click here for the article: DFEH Enforcement Plan.

Sexual Harassment Update: Requests For Coffee Prompts Female Employee To Sue For Sexual Harassment. Under Title VII of the Civil Rights Act of 1964, sexual harassment need not involve sexual conduct. It could involve hostile treatment of an employee because of gender. Does a manager cross the line where he requires a female subordinate to serve him coffee? Click here for the article: Sexual Harassment Update.

Employee Privacy Update: Review Of Employee Text Messages Deemed Invasion Of Privacy. Employees may have a reasonable expectation of privacy in the workplace. Although company privacy policies may put employees on alert that communications are subject to monitoring, operational realities may negate those policies. Click here for the article: Text Message Privacy.

Employment Policies Update: Employers Urged To Update Cell Phone Policies. California’s new hands free cell phone law has been much publicized. Employers should consider implementing policies and update employee handbooks to cover the use of cell phones while driving. Click here for the article: Cell Phone Policy.

FMLA Compliance Review: Employer’s Written Response To Leave Request. When an employee covered by FMLA or CFRA requests leave, the employer should provide a written response. The U.S. DOL provides a form which can be used or adapted by the employer. Click here for the article: FMLA Employer Response Form.

Click here to download the entire newsletter in PDF format:

Click the link below.
Legal_Update_July_2008.pdf

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.

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.
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.
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.
Sexual_Harassment_Training.pdf

UPCOMING

EMPLOYMENT

LAW

SEMINARS



CALIFORNIA EMPLOYMENT LAW FROM A TO Z

This will be a day long training seminar that will survey California employment law.
Date: June 24, 2008
Time: 8:30 a.m. to 4:30 p.m.
Location: San Diego California

  • Click here for more details and to register.
    Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com.

    Strategies For Keeping The EEOC/DFEH Away & What To Do If They Show Up
    August 13, 2008
    Location: San Diego
    Time: 8:30-4:30

  • Click here for agenda details.
    Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com.
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