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SAN DIEGO EMPLOYMENT LAW ATTORNEYS
Barker Olmsted & Barnier has both a proven track record and an on-going commitment to serving employers and Employment Practices Liability Insurance (EPLI) carriers in San Diego and throughout California.
EMPLOYMENT AND LABOR LAW PRACTICE
In today’s litigation-crazed society, businesses can face no greater risks than those posed from within—by employees. Compliance with the wide spectrum of constantly changing federal and state laws, regulations, administrative actions, and court cases is the only way to minimize that risk. However, compliance is a legal obligation that can be frustratingly elusive in practice; it cannot be accomplished on a casual basis. The complexity of labor and employment law requires a significant degree of expertise applied with consistent vigilance. Any other approach will, in the long run, cost a business dearly.
It is in this context that Barker Olmsted & Barnier's employment and labor practice serves the San Diego business community, as well as California at large. The practice is geared to serve California businesses of all nature and sizes in a flexible and economic manner, tailored to the client’s particular needs. Our clients that have a sophisticated human resources team or in-house counsel rely on us for technical support when difficult or delicate issues arise that fall outside the normal day- to-day circumstances. Other clients request more basic help— for example, formulating written personnel policies or reviewing policies for compliance with recent changes in the law. At any point when a conflict arises, we (the employment attorneys) stand ready to take steps to defend a business even before a lawsuit is filed.
Our services can be described in two general areas:
Clear and precise advice regarding compliance with federal and state laws.
Cost effective and strategic representation in state and federal courts, before administrative agencies, and in the arbitration and mediation forums.
We are available for telephonic and email consultations. Legal advice does not have to be expensive. Ask attorney Chris Olmsted about our flexible retainer agreements.
CLAIMS PREVENTION PROGRAM
The Employment and Labor practice philosophy is centered upon prevention. With the development of a litigation prevention program, clients enhance the likelihood they can, and will, avoid employment-related claims. Each client partnership begins by conducting an audit of employment practices to assess compliance with the law, drafting or reviewing of employee handbooks and providing legal advice in accordance with client needs.
As an employment issue arises, Barker Olmsted & Barnier works closely with the client and takes a proactive approach in investigation of the claim to ensure that all facts are properly evaluated. As appropriate, the firm strives for early resolution so that clients are not required to face additional challenges and expenses of a lawsuit.
Barker Olmsted & Barnier’s employment law attorneys serve as legal advisors dedicated to helping employers comply with ever-changing labor employment laws, which is one of the best mechanisms to protect against workplace problems and employee claims.
Claims prevention services include the following:
Drafting, reviewing and/or updating employee handbooks (flat fee service).
Conducting an audit of employment practices to confirm compliance with current labor laws.
Providing specific legal advice on the complexities of the Americans with Disabilities Act (ADA), Fair Employment & Housing Act (FEHA), Federal and State leave laws, Title VII, wage and hour laws, and workplace safety laws.
Ensuring compliance during employee leaves of absence, including Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), workers' compensation leaves of absence, and other employee leaves.
Training management and employees on their respective rights and/or obligations under a variety of employment law topics including: sexual harassment prevention, discrimination, record keeping, grievance procedures, and investigations.
Risk management reviews and training as recommended by Employment Practices Liability (EPL) carriers.
Assist with responding to sexual harassment claims or other forms of discrimination.
Drafting and reviewing non-disclosure agreements, at-will acknowledgments, employment contracts, and other agreements.
Consulting on trade secret protection policies and practices.
Available by telephone, email and in person at reasonable rates.
Contact Chris Olmsted to learn more about how the Barker Olmsted & Barnier claims prevention program may benefit your company.
LITIGATION
If a complaint is filed, the firm represents the employer’s interests with a strong team of assertive attorneys, paralegals and staff. Employment law attorneys continue to encourage early or alternative dispute resolution whenever the facts demonstrate that it is in an employer’s best interest to do so. With claims of no merit, the firm undertakes aggressive discovery.
Our attorneys carefully plan litigation with the client, and if applicable, the Employment Practices Liability Insurance (EPLI) carrier, to ensure that the dual goals of successful defense and economic legal costs are achieved.
Should cases go to trial, clients draw upon Barker Olmsted & Barnier’s experienced litigation team, who rigorously protect an employer’s interests. Successful trial of employment cases requires diligence and attentiveness. Success also requires the jury to empathize with the defendant employer and any of its employees who may be sued. As the firm’s attorneys prepare for trial, they give much attention to “humanizing” the employer and causing the jury to understand its reasonable position. Barker Law Group strives for an attorney/client “team” approach, providing expert legal advice while simultaneously adhering to clients’ ultimate goals.
Common examples of litigation matters include:
Wage and Hour claims (overtime, meal periods, exempt classifications, etc).
Sexual harassment.
Disability discrimination and accommodation.
Age, race, gender and other types of discrimination.
“Wrongful termination” lawsuits.
EDD claims for unemployment benefits.
DLSE fines or charges.
FEHA/FEHC charges/investigations, and EEOC charges/investigations.
State and federal agency audits and administrative claims (EDD, Labor Commissioner, etc).
Misappropriation of trade secrets.
Class actions / multi-party litigation.
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TRAINING, SEMINARS AND EDUCATION
Dedicated to Litigation Prevention, examples of our educational presentations include:
“The Interplay Between The Family and Medical Leave Act, Americans with Disabilities Act, and Workers Compensation”
"Advanced FMLA Strategies"
“From Hiring to Firing, What an Employer Needs to Know”
“Guidance to Effective Disciplinary Procedures”
"Conducting Effective Employee Investigations"
“Avoiding Liability in the Hiring Process”
"Wage and Hour Law in California"
"Employment Law for Construction Contractors"
"Recent Developments in Labor and Employment Law"
"Protecting Confidential Information and Trade Secrets"
Electronic Monitoring in the California Workplace
COBRA, Cal COBRA and Medicare Interactions
SEXUAL HARASSMENT PREVENTION TRAINING
Barker Olmsted & Barnier's employment law attorneys offer cost effective interactive workshops, presented to both management and staff, tailored to each company's Sexual Harassment policy. AB 1825, (California Government Code 12950.1) mandates that employers who do business in California and employ 50 or more employees provide sexual harassment prevention training to supervisors located in California. Other employers should also receive this training. Learn more
Interested in a presentation?
See our News and Events Page for upcoming seminars.
Please review the attorney profile for Christopher Olmsted for other seminar topics. Mr. Olmsted is a frequent public speaker at industry groups, conferences, educational seminars, and private presentations to corporate management and staff. Please contact him if you are interested in a presentation.
EXEMPTIONS. Need help with white collar wage and hour exemptions? Need help deciding whether your employees are 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. Email Chris Olmsted at cwo@barkerolmsted.com for your copy.
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" is available upon request. Contact our legal assistant Nicole at (619) 682-4040 or email her at nrs@barkerolmsted.com.
EMPLOYMENT LAW UPDATES AND ALERTS
We publish a monthly legal update designed to keep employers current with legal trends and best practices in California and under federal law. Please visit our News and Events page for the most recent editions of our firm's Legal Update.
Please subscribe! Our Legal Update is free, delivered by email each month, so what are you waiting for? The subscription box can be found at the bottom of our home page.
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April 2010 Legal Update
ADA Update: Drunk Police Chief Not Protected By ADA.
When an off duty employee gets drunk and causes an automobile accident, can the employer discipline or terminate the employee even if he claims that he is an alcoholic protected by the ADA? In a Seventh Circuit Court of appeal case titled Budde v. Kane County Forest Preserve, the court considered this question in a discrimination case filed by a police chief.
Employment Screening Check on Megan’s Law Website Leads To Sexual Abuser’s Lawsuit
Megan’s Law websites allow the public to search databases and learn the identity of sex offenders in their communities. But there are restrictions on the use of the data. In California, the information can’t be used for employment purposes. Recently a California appellate court determined whether or not a sex offender had the right to sue an employment screening service for accessing a Megan’s law website.
FMLA Update: Who Decides Whether The Employee Is Sick Enough For FMLA Leave?
An employee may be entitled to a protected leave of absence under the FMLA when she has a serious “medical condition” during a “period of incapacity.” Who decides whether the employee is incapacitated? A doctor? The employee? A recent case titled Schaar v. Lehigh Valley Health Services, Inc. wrestled with this issue.
Pregnancy At Work: A Review Of California Employer Obligations
EEOC statistics show that pregnancy discrimination claims are on the rise. The rules in California are slightly different than under the federal FMLA. This article reviews two important distinctions.
Download the entire April 2010 Legal Update in PDF format: |
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Legal_Update_April_2010.pdf |
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Employer's Essential 2010
Labor & Employment Law Update
2009 California New Labor & Employment Laws.
Though the legislature in Sacramento proposed plenty of labor and employment legislation in 2009, relatively few bills were signed into law. This article the new laws of major significance.
2009 New Federal Labor & Employment Laws.
“Few but mighty” characterizes new federal labor and employment law in 2009. The Lilly Ledbetter Fair Pay Act dramatically changed the nature of pay discrimination claims. ARRA extended subsidized COBRA benefits to millions of workers. GINA added a new form of “protected category” in discrimination. And FMLA amendments expanded the reach of military family leave.
2009 Government Agency Employment Law Opinions and Regulations.
The California DLSE gave new flexibility to employers by condoning salary reductions for furloughed exempt workers, and by clarifying that alternative workweek schedules can be limited to summer months. On the federal level, E-Verify and No-Match were the big issues.
2009 California Supreme Court Labor & Employment Law Cases.
In 2009, the California Supreme Court tackled workplace privacy, sexual harassment, same sex marriage, class action lawsuits, and incentive pay forfeiture.
2009 U.S. Supreme Court Labor & Employment Law Cases.
In 2009, the U.S. Supreme Court tackled reverse discrimination, age discrimination, sexual harassment/retaliation, and arbitration. |
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January 2009 - Employer's Essential 2009 Legal Update
Happy New Year! This issue reports new state and federal laws in effect for 2009 affecting employers. Among developments on the federal level, the ADA and FMLA have been amended, new FMLA regulations are in effect, and GINA, a new federal law, bans genetic discrimination. At the California state level, we report less dramatic changes and additions to employment law, mostly in the area of wage and hour law.
We also look back on 2008 and review significant court decisions that will affect the way you interact with your employers. Discrimination law looms large. As companies are forced to lay off workers, prepare for an increase in discrimination and wrongful termination 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 2009 through this publication, educational seminars, and one-on-one consultation.
New California Laws In Effect For 2009
We report on the new California laws in effect for 2009 affecting employers. In the scheme of things, it was a mild year legislatively for labor and employment law. A new Labor Code section regulates how temporary agencies pay temp workers. Computer professionals may be exempt from overtime if paid on a salary basis at a certain level. The Labor Code adds new restrictions on the type of waivers employees may sign, and more.
2009 Federal Labor & Employment Law Legislative and Regulatory Update
2009 brings significant legislative and regulatory changes to federal employment law. The ADA was amended, expanding coverage for disabled workers. New FMLA regulations clarify employers’ and employees’ obligations in connection with medical/family leave, and also add details regarding the new military family leave. Genetic information discrimination is a new protected class according to the Genetic Information Nondiscrimination Act (“GINA”). At a more mundane level, the IRS has adjusted its mileage reimbursement rate, and USCIS will publish a new Form I-9.
2008 California Supreme Court Labor and Employment Law Cases
A review of significant 2008 California Supreme Court decisions that will affect the way you interact with your employers. The Court addressed major issues related to discrimination, medical leave, noncompetition agreements, and more.
2008 U.S. Supreme Court Labor and Employment Law Cases
A review of significant 2008 U.S. Supreme Court decisions in the area of labor and employment law. The Court addressed major issues related to Federal Arbitration Act preemption, Section 1981 claims, ADEA affirmative defenses, and more.
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2008 CALIFORNIA EMPLOYMENT LAW UPDATE
New Laws In Effect For 2008
We report on the new laws in effect for 2008 affecting employers. There are new notice requirements, higher—and lower—wage rates, new leave of absence rights, and more. (By the way: more significant are the bills that did not become law. Governor Schwarzenegger vetoed a slew of laws that would have made employers cringe.) Click here for the article.
2007 California Supreme Court Labor and Employment Law Cases
We also look back on 2007 and review significant court decisions that will affect the way you interact with your employers. Wage and hour law looms large. Click here for the article. |
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PLUS - Professional Liability Underwriter Society Article December 2007
EPLI ALERT: NINTH CIRCUIT RULING MAY SPUR INCREASE IN MENTAL DISABILITY DISCRIMINATION CLAIMS
A recent holding by the United States Court of Appeals for the Ninth Circuit protects workplace misconduct resulting from a disability, expanding the potential for employer liability under the Americans with Disabilities Act (“ADA”) and state
laws such as the California Fair Employment and Housing Act (“FEHA.”)
Click here for article in PDF format: |
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PLUS_Article.pdf |
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Wage and Hour Update: Cal Supremes Permit Payment of Expenses By Enhanced Compensation.
The California Supreme Court recently ruled in a case titled Gattuso v. Harte-Hanks that employers may reimburse employees for expenses by a “lump sum” method instead of by an actual-expenses-incurred method. However, practical application of the new rule may be challenging. Click here.
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Legislative Update: Labor Code Private Attorneys General Act
by Christopher W. Olmsted. Legislation enacted in 2004 makes it easier for employees to sue their employers. How does the new law work, and what are the potential penalties? |
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labor_code_olmsted.pdf |
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California Supreme Court Expands Meal and Break Period Liability
The California Supreme Court issued a ruling in Murphy v. Kenneth Cole extending the statute of limitations for employee meal and rest period claims. Click here.
Vacation Policies Must Not Single Out Workers Comp Claimants
By Christopher Olmsted. A recent case, Anderson v. City of Santa Barbara, illustrates the employer's obligation to permit industrially injured workers to use vacation time in a non-discriminatory manner. Click here.
No Duty to Transform Temporary Light-Duty Position Into Permanent Position
by Christopher W. Olmsted. Employers often offer "light duty" to injured employees. How long is temporary? What happens when time is up on the temporary assignment? Click Here
FMLA by the Numbers
By Tiffany Keith. Two recent cases help employers do the math when determining employee leave eligibility. Click here.
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Are your Employment Arbitration Agreements Still Enforceable?
by Christopher W. Olmsted. The law is constantly evolving in the area of employee arbitration agreements. Courts have found that certain terms traditionally found in these agreements can render them unenforceable. |
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CWOArticleonArbitrationAgreements.pdf |
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LINKS
California Employment Law Resources
Click here to view our page of links to useful government and private sector websites offering abundant information on labor and employment law. |
