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Christopher W. Olmsted
(619) 682-4820


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. Call (619) 682-4820.


    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). More Info.

  • 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.


    June 2011 Legal Update

    Car Dealer Defeats Overtime Claim By Commissioned Salesperson.
    California’s Labor Code allows for an overtime exemption for commissioned salespersons. One requirement for this exemption is that the employee is paid on a commission basis. Commonly, “commission” means a percentage of the sales price, but is that necessarily so? A California appellate court recently examined the meaning of “commission” in a case titled Areso v. Carmax.


    Quitting to Care for Child Might Not Disqualify Employee from Unemployment Benefits.
    In California, employees who voluntarily quit their jobs are generally disqualified from receiving unemployment benefits. However, there are a number of exceptions to this general rule. One exception may apply where the employee quits in order to care for a child.

    Ninth Circuit Rejects Employee’s Disability Accommodation Claim.
    California disability law imposes stringent requirements on employers when it comes to accommodation. Employees and their lawyers will criticize an employer’s participation in the “interactive process” and second-guess decisions regarding what is or is not a “reasonable accommodation.” In a recent Ninth Circuit Court of Appeals case titled DFEH v. Lucent Technologies, Inc., the court reviewed one employer’s actions and found no fault.

    Download the entire June 2011 Legal Update in PDF format by clicking below:in PDF format:
    entire February 2011 Legal Update in pdf format:
    Legal_Update_June_2011.pdf

    January 2011 Legal Update

    2011 New Year’s Resolutions For Human Resources.
    So what’s it going to be for 2011? Get up and go to the gym every morning? Finally pay off those credit cards? Learn to speak Dutch? Before you finish the list of New Years resolutions, let’s suggest a few on the human resources front. Sure, some of these seem obvious, but then again, so is losing ten pounds (again). Pick a few and knock them off early in the year, and call it a good start.

    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:
    Legal_Update_January_2011.pdf

    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:
    PLUS_Article.pdf


    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.
    Photo CWOArticleonArbitrationAgreements.pdf

    Employee Handbook Compliance
    Has your handbook been reviewed by an employment law attorney for legal compliance? Contact attorney Christopher Olmsted for details on how we can assist. Competitive rates. cwo@barkerolmsted.com

    Click below for more guidance on employee handbook compliance reviews.
    Handbook_Review.pdf

    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.