Home > Practice Areas >Employment and Labor Law
 

Practice Areas



Attorneys

Christopher W. Olmsted

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.

    • ______________________________________________________________

    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”
  • “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.


    DISCRIMINATION LAW UPDATE: Employer Hit With Age and Sex Discrimination Lawsuit After RIF But Employees’ Claims Fail – Mostly.
    Tough economic times have forced employers to layoff employees. Layoffs can lead to litigation when employees allege that illegal discrimination tainted the reduction in force selection process. A recently published case out of the federal Tenth Circuit Court of Appeals, Sanders v. Southwestern Bell Telephone LP, provides an illustration of this problem.

    FAMILY MEDICAL LEAVE UPDATE: Hospital Visit Should Have Alerted Employer To CFRA Coverage.
    September 2008. California employers covered by the California Family Rights Act (“CFRA”) must promptly respond to employee requests for leave. But what happens when the qualified employee never actually requests leave? A recent California appellate court decision, Avila v. Continental Airlines, says that the employer may still need to grant CFRA protections if the employee provides mere hints of CFRA coverage.

    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.

    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


    New Form I-9

    Effective November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS), an arm of the Department of Homeland Security (DHS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. For a free copy of the new mandatory form, click the link below.
    I-9.pdf

    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.

    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?
    Photo labor_code_olmsted.pdf

    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.

    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

    Workplace Monitoring Seminar Materials. Click the link below.
    Legal_Overview_and_Sample_Policies.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.