California Labor & Employment Law Blog

CDF's next Human Resources Roundtable is Tuesday, July 20, 2010 from 7:30 a.m. to 9:00 a.m.  Please join us in a discussion of "Litigation War Stories: How You & Your Company Can Avoid Costly Mistakes in Litigation."

All too often employers and their counsel are confronted with a lawsuit that had taken a surprising turn for the worse and are left to ponder what they "could have, should have, and would have" done differently.  For example, failure to fully and properly investigate the facts (including plaintiff's side of the story) may result in erroneous case assessments, under-valuing a case, and missed defense opportunities.  Not knowing when to use an outside investigator may result in the untenable position of having your attorney become a fact witness in the case, and potentially jeopardize attorney-client communications that would otherwise be protected by privilege.  Firing a key witness during  pending litigation should be carefully considered because that key witness may no longer be cooperative and foil an otherwise carefully-laid defense plan.

Please join our experienced litigators for an informative discussion on how you can avoid these and other costly litigation mistakes.
___________________________________________________________________________

Attendance is Complimentary

Sign Up Today!

PLEASE NOTE: The Los Angeles office will not be conducting a roundtable this month.

To register, please e-mail the following information to register@cdflaborlaw.com:
Your Name
Your Company Name
Date of Roundtable
Location of Roundtable (Sacramento, San Francisco, Orange County, or San Diego)
 

CDF LLP's Webinar entitled "Health Care Reform: What Every Employer Must Do to Prepare For Coming Change " is coming up on June 15, 2010 from 9:00 a.m. to 10:15 a.m. (PDT).

Health care reform is now upon us.  As a result, employers will be required to make many changes, some in only several months (by September 23, 2010), and others in the not so distant future.  Join us for a frank discussion of the structure and timing of the health care reform statute and how it will most impact all employers. We will discuss who will pay for the "availability and affordability" of health care and whether employers will, once again, be asked to contribute the lion's share of the funding.  This program will also explore the details of the new legislation and will explain the timeline for when various provisions of the Act will require employer action.

Join CDF LLP's Employee Benefits Practice chair Harley Bjelland as he walks through this important information and helps us make sense of the Patient Protection and Affordable Care Act.

Attendance is Complimentary
Sign Up Today!
 

PLEASE NOTE:  Upon registering, you will be asked if you would like to receive 1 Hour CA MCLE credit or HRCI credit.  If you select Yes to either question, we will complete a certificate of attendance and email it to you after the webinar.  If your computer is not set up for audio, please use the dial-in phone number and conference call ID number that will be provided in the confirmation of registration email (you will receive an email from LiveMeeting @cdflaborlaw.com immediately after registering for the webinar).

To register, please click on the following link and follow the instructions:  https://www.livemeeting.com/lrs/8002448991/Registration.aspx?pageName=28n1rv259mdltl90

 

In lieu of our live Human Resources Roundtable this month, CDF is presenting a webinar on May 18 entitled "Social Networking in the Workplace:  What Employers Really Need to Know." 

Your employees are using social media.  A few are probably "tweeting" from work.  Many are communicating with each other regularly using social media websites.  Some are posting to their Facebook page what they are doing almost every minute of their life, including while at work.  Others are posting interesting photos of themselves and their co-workers.  Employees use social media to communicate with their co-workers during work and after work, and not always in an appropriate manner.  In addition, HR and management are starting to use social media as a way to evaluate potential employees and check up on current ones, sometimes without any guidelines or policies.

During this webinar, we will discuss the risks that social media websites create in the workplace, as well as ideas on how employers can effectively use social media and social networking websites to their advantage.  We will talk about creating policies to manage the risks and developing techniques to implement social media into recruiting and other personnel practices. Attendees will gain practical knowledge at this seminar which will assist them in managing their company's day-to-day operations.

Attendance is complimentary.  The webinar will be held Tuesday, May 18 from 9:00 a.m. to 10:15 a.m. (PDT).  To register, please click here.

CDF LLP’s Managing Partner, Marie DiSante, will be speaking at an upcoming seminar on April 20 in Irvine, entitled Social Media: From Fear and Loathing to Management and Strategy.

Social media is used in 91% of Fortune 500 companies.  Dell has 35 "channels" on Twitter alone. Facebook boasts 350 million members, and upwards of 85% of Americans use social networks on and off the job.  Yet, less than 33% of companies have a social media policy, and fewer still take steps to identify emerging gaps in policy, training and procedures.  Social media is essential in business today, yet it presents new challenges for which we are not totally prepared.

As social media grows in importance as a complement to, or replacement for, traditional communication and procedures, human resources professionals are increasingly called upon to arbitrate social media organizational and employee challenges, from privacy and policy to compliance and training.  In addition, these viral tools are vital in the HR toolbox for recruitment and branding strategies. HR professionals are being called upon to extend their expertise into the use and impact of social media on the organization.

FIVE REASONS HR PROFESSIONALS SHOULD ATTEND THIS PRESENTATION:

1. Identify potential exposure to your company when company employees utilize or participate in social media

2. Uncover gaps in your organization or its policies that create risk and learn 5 ways to manage and close those gaps

3. Receive an up-to-date briefing on new laws and cases involving social network behaviors

4. Highlight specific social media tools that HR can use for recruiting and branding

5. Discuss the pros and cons of specific social networking policies and receive social media management best practices

SPEAKERS:

Linda Duffy, President, Leadership Habitude

Marie DiSante, Managing Partner, Carlton DiSante & Freudenberger LLP

Linda Zimmer, President & CEO, MarCom:Interactive

This program has been approved for 1.5 (General ) recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI).

LOCATION:

Hilton Irvine/Orange County Airport
18800 MacArthur Boulevard, Irvine, CA

REGISTRATION & ADDITIONAL INFORMATION:

Click here to register and for additional information regarding this presentation.
 

CDF LLP has expanded its practice to include advising employers on immigration issues and employment based visas.  We will be hosting a complimentary immigration seminar at our Sacramento office on March 11, 2010 from 11:30 a.m. to 1:00 p.m., and at our Los Angeles office on April 7, 2010 from 11:30 a.m. to 1:00 p.m.  These seminars will cover recent immigration developments and employment-related basics including the following:  Compliance With New I-9 Regulations, E-Verify, ICE Enforcement, and Visa basics for employers.  For more detailed information and to register, please click here for Sacramento registration and here for Los Angeles registration.
 

CDF will be offering sexual harassment prevention training sessions at all five of our California offices on the following dates:

• March 12, 2010
• June 11, 2010
• September 10, 2010
• December 10, 2010

Who Should Attend?

• Newly hired supervisors
• Newly promoted supervisors
• Supervisors who have not attended training in the last two years

Training Sessions That Comply With California Law:

 

California Government Code section 12950.1 (AB 1825) requires all employers in California with 50 or more employees to provide at least two hours of sexual harassment prevention training to all supervisors in California every two years.  Additionally, employers of this size must provide this training to newly hired or promoted supervisors in California within six months of the assumption of supervisory duties and then once every two years thereafter.

 

To assist employers in complying with the ongoing requirements of this law, Carlton DiSante & Freudenberger LLP continues to offer periodic sexual harassment prevention training sessions at all five of our office locations in California.  The two-hour training is interactive and provides useful information on preventing sexual harassment in the workplace, investigating and handling complaints of sexual harassment, and preventing retaliation. 

 

Training Times:

 

7:30 a.m. to 7:50 a.m. -- Continental Breakfast
7:50 a.m. to 10:00 a.m. -- Training Session

Cost:  $70 per person (or $60 per person if two or more people from the same company attend).

 

TO REGISTER: Click here.  

CDF LLP has expanded its practice to include advising employers on immigration issues and employment based visas.  We are pleased to announce that we will be hosting a complimentary immigration seminar at our San Francisco office on February 18, 2010 from 11:00 a.m. to 1:00 p.m.  The seminar will cover recent immigration developments and employment-related basics including the following:  Compliance With New I-9 Regulations, E-Verify, ICE Enforcement, and Visa basics for employers.  For more detailed information and to register, please click here.

Carlton DiSante & Freudenberger LLP is pleased to announce the expansion of the firm's immigration practice group with the addition of Suzanne G. Brummett to the firm's San Diego and Orange County offices.

Ms. Brummett brings over 15 years of experience in immigration law to the practice group. She handles all aspects of employment based immigration matters for corporate clients of all sizes as well as for individuals. Ms. Brummett also is a published author of immigration related articles. She is fluent in Spanish and conversant in French.

"With the addition of Suzanne Brummett to the firm's immigration practice group, CDF can expand its services to clients in the immigration law arena and enhance the firm's overall service to clients within our employment law practice," said Greg L. Berk, Chair of the firm's Immigration Practice Group.

The Government has made corporate immigration compliance a top priority. In today's fast-paced immigration environment, we recognize that employers need a firm that is competent and responsive. Our immigration practice group is comprised of a dedicated team that can assist in virtually every area of immigration and immigration-related law matters. Our immigration practice group works diligently to reduce the difficulty associated with the immigration process. We take pride in giving you practical and timely guidance to help you make important employment decisions that affect your company.
 

As we enter 2010, wage and hour issues continue to be the most litigated type of employment law claim in California.  As a result, we will begin our 2010 Human Resources Roundtable series with an open forum discussion of wage and hour compliance.  We will discuss the wage and hour issues that have been creating significant liability problems for employers, such as exempt/non-exempt classification, overtime pay, meal and rest breaks, vacation pay, and expense reimbursements.  We will provide tips for how to get in compliance and minimize the risk of becoming a target of a wage and hour lawsuit.  We hope you will join us, and we encourage you to bring to the table any other wage and hours issues of concern to you and your business.

This month's Roundtable is Tuesday, January 19 from 8:00 a.m. to 9:00 a.m., with networking and contintental breakfast beginning at 7:30 a.m.  To register to attend at one of our five offices, please email your name, company name, roundtable date and location, to register@cdflaborlaw.com.

 

Carlton DiSante & Freudenberger LLP is pleased to announce that effective January 1, 2010, Dorothy Black has been elevated to the position of partner in the firm.

Ms. Black is a partner in the Los Angeles office and focuses her practice on defending employers in complex litigation matters such as wage and hour class actions and all forms of discrimination and harassment, wrongful discharge, employment contract disputes, and trade secrets, as well as employer advice and counseling. Ms. Black received her J.D. from the University of California at Los Angeles in 2000.

We look forward to Ms. Black continuing to strengthen the firm in her new role as partner by providing ongoing legal expertise and experience to the firm and to our clients.

CDF is delighted to welcome Dorothy Black as a partner in the firm.

Are you curious as to what the status of the Brinker meal break case is and when a final opinion is likely to be issued?  Do you know where the Employee Free Choice Act is headed and what we may expect from Congress on this once the healthcare debate is concluded?  Are you aware of the new case law on age discrimination and what it means for California employers?  Why is it going to be more difficult than ever in 2010 to qualify workers as independent contractors?

If these questions interest you or you need to know more about what California employers should expect in 2010, then you will want to attend our next Human Resources Roundtable coming up on November 17.  This is always one of our most popular programs so register early and guarantee your seat for this complimentary seminar.

Our HR Roundtables are generally held the third Tuesday of every month at each of our five offices in Orange County, San Diego, Los Angeles, San Francisco and Sacramento.  The program is from 8:00 a.m. to 9:00 a.m., with networking and a continental breakfast starting at 7:30 a.m.

To register, please e-mail the following information to register@cdflaborlaw.com:

Your Name
Your Company Name
Date of Roundtable
Location of Roundtable

As a reminder, CDF LLP is hosting two complimentary immigration law seminars this week in Southern California.  The first is at our Orange County office on November 4, and the second is at our San Diego office on November 6.  The seminar will cover the following topics:

• Complying with the new I-9 Regulations:
  They are Driving Me Crazy!
• E-Verify:
  Everything You Wanted to Know But Were Afraid to Ask!
• ICE Enforcement:
  How to Keep Things Cool at Your Company!
• Visas:
  I am Dizzy - Just Tell Me What I Need to Know!

Each seminar is from 8:00-9:00 a.m. (with networking and continental breakfast from 7:30-8:00).  To register, please email your name, company name, seminar title, and date and location you wish to attend, to register@cdflaborlaw.com.

Don't miss this informative briefing which will provide you with practical tips for managing your company's day to day operations.

CDF LLP is pleased to announce that it will be hosting two complimentary immigration law seminars in November in Southern California. These insightful seminars will focus on information employers need to know regarding immigration topics, including complying with the new I-9 regulations, E-verify, ICE enforcement, and employee visas.  Detailed information is below. 

• Complying with the new I-9 Regulations:
  They are Driving Me Crazy!
• E-Verify:
  Everything You Wanted to Know But Were Afraid to Ask!
• ICE Enforcement:
  How to Keep Things Cool at Your Company!
• Visas:
  I am Dizzy - Just Tell Me What I Need to Know!

Carlton DiSante & Freudenberger LLP ("CDF") offers quarterly Sexual Harassment Prevention Training to assist employers in complying with the on-going requirements of California Government Code Section 12950.1 (AB 1825), which requires that supervisory employees complete 2 hours of sexual harassment prevention training every two years, and within 6 months of hire for new supervisors.  Our last training for 2009 will be conducted at all five CDF office locations throughout California on October 16, 2009 from 7:30 a.m. to 10:00 a.m. 

Each Two-Hour Training Session Includes:
Continental Breakfast
Informative Materials About Preventing Sexual Harassment and Conducting Investigations
Interactive Discussion of Practical Situations
Certificate of Completion

Cost:
$70 per person (or $60 per person if two or more individuals from the same company attend)

On-Site Training:
CDF LLP also conducts sexual harassment prevention training at employer locations.  We typically charge a flat fee to provide this type of on-site training.  For employers with a large number of supervisors, this may be a more affordable, efficient way to meet the requirements of this law.

To register:  Complete the attached Brochure and Registration Form by clicking here.

For additional information about on-site training or future training dates at one of our offices, please contact Cindy Brown at (949) 622-1661 or via e-mail at cbrown@cdflaborlaw.com

Don't miss the last training for 2009 - Sign up today to ensure compliance!

CDF LLP is pleased to announce that Harley Bjelland has joined the firm as a partner and chair of the firm's employee benefits practice.  Mr. Bjelland is one of California's preeminent employee benefits attorneys with nearly 30 years of experience.  Mr. Bjelland will be based in the firm's Orange County office.

Mr. Bjelland's practice focuses on employee benefits and executive compensation, including qualified retirement plans, 401(k) plans, employee stock ownership plans, defined benefit pension plans, and health and welfare benefit plans.  He also has extensive experience with tax exempt, governmental and church benefits.

For more information on Mr. Bjelland or the firm, click here and here.

Carlton DiSante & Freudenberger LLP is pleased to announce that it has established a new Immigration Practice Group.  Greg L. Berk has joined the firm as a Partner.  He will chair this valuable edition to the firm’s employment practice specialties.

Mr. Berk has extensive experience in the area of U.S. Immigration Law, including I-9 compliance, E-Verify, work visas, and permanent residency sponsorships.  Prior to joining Carlton DiSante & Freudenberger, Mr. Berk was Of Counsel at Atkinson Andelson, and also oversaw a prominent private immigration practice in Irvine, CA.  Prior to going into private practice, Berk held management positions with United Parcel Service, Northwest Airlines, and Maersk Line.

"I am very excited to join CDF.  The firm has a stellar reputation of providing hands-on legal services to California employers," said Greg Berk.  "This is consistent with my values of striving to provide unparalleled immigration legal services to employers.”

 

Mr. Berk frequently lectures to business owners and managers and writes articles on immigration compliance.  He is a past Chair of the Orange County Bar Association Immigration Section and currently serves on their Lawyer Referral Advisory Committee.  He is also active in the American Immigration Lawyers Association.

 

"We are pleased to welcome Greg Berk and his team to CDF," said Marie DiSante, one of CDF's Founding Partners.  "Adding an immigration practice group to CDF will significantly enhance our firm's client service capabilities within our employment law practice.”

 

For more information about the firm and/or Mr. Berk, please visit our website at www.cdflaborlaw.com. 

The following are the planned topics for the remainder of 2009 for our complimentary Human Resources Roundtable discussions hosted on the third Tuesday of each month in each of our five California offices:

July 21 Limiting Exposure When Conducting Layoffs:
WARN Act Issues, Severance Agreements, and How to Select Employees for Layoffs

August 18 Pre-Dispute Mandatory Arbitration Agreements:
Do They Still Work, How to Draft and Implement, and Their Future Under the Obama Administration

September 15 Dealing with the EEOC and DFEH:
Responding to Administrative Charges

October 20 Top Ten Pitfalls for California Employers:
Proactive Strategies to Avoid Liability

November 17 Looking Ahead to 2010:
New Laws, Regulations, and Cases That California Employers Must Know for 2010.

For more information and/or to register, please click here.  Our roundtables are approved for HRCI credit.

Carlton DiSante & Freudenberger LLP is very pleased to welcome their 2009 Diversity Fellowship summer clerks.  In Northern California, Charles H. Wonpu has joined the firm's Sacramento office through the Sacramento County Bar Association's Minority and Diversity Fellowship Program.  Charles currently attends law school at the University of Pacific McGeorge School of Law.  He did his undergraduate work at UC Berkeley. In Southern California, Jing Li has joined the firm's San Diego office through the Diversity Fellowship Program sponsored by the San Diego County Bar Association and San Diego Chapter of the Association of Corporate Counsel.  Jing is a law student at California Western School of Law. He completed his undergraduate studies at Cal State Poly Pomona.

Carlton DiSante & Freudenberger LLP is very active in both of these fellowship programs.  Mark S. Spring has been on the Sacramento County Bar Association's Minority and Diversity Committee (the Committee that organizes the Sacramento Fellowship Program) for many years and remains very active as a Committee member.  Dave Carothers, managing partner of the firm's San Diego office, is one of the founding participants of the Diversity Fellowship Program in San Diego County and serves on the Diversity Fellowship Program Committee.  Carlton DiSante & Freudenberger LLP is proud of these and other efforts that our firm is making to increase the number of ethnic minorities and other disadvantaged group in private law practice.

Mark S. Spring, who works out of our Sacramento and San Francisco offices, was recently interviewed by American Express Briefing on the topic of handling layoffs in the restaurant industry.  Spring offered a variety of opinions on the topic and was quoted extensively in the article that was published late last month.  A copy of the article is available here.

By Marie DiSante

Carlton DiSante & Freudenberger LLP is pleased to announce that Dan M. Forman has joined the firm's Los Angeles office as a partner.  Mr. Forman is an AV rated trial lawyer who represents employers throughout California in litigation and provides advice and counsel to California employers on human resource issues. 

Mr. Forman has almost 20 years of experience helping his clients efficiently resolve trade secret, complex commercial and a broad range of employment and labor disputes.  Prior to joining Carlton DiSante & Freudenberger LLP, Mr. Forman was a partner at Manatt, Phelps & Phillips, LLP where he focused on complex commercial litigation and labor and employment law.

A wide range of enterprises and individuals have placed their confidence in Mr. Forman for his advice and counseling, including non-profit corporations, entertainment companies, service providers, financial institutions, garment manufacturers, retail establishments, high tech companies, hospitals, partnerships, and agricultural enterprises.  Mr. Forman frequently drafts employment and arbitration agreements, handbooks, policies, and advises about the enforceability of confidentiality and trade secret agreements, including covenants not to compete, collective bargaining, insurance issues, violence in the workplace, termination of employment and severance, WARN Act, accommodation, discipline, leaves and a wide range of wage and hour issues.

"We are very pleased to have Dan join our firm.  Dan’s breadth of litigation experience will serve our clients well," said Brent M. Giddens, Managing Partner of CDF's Los Angeles office.

For more information about the firm visit our website at www.cdflaborlaw.com.

Carlton DiSante & Freudenberger congratulates its Associate, John Anthony, on being appointed to the Board of Directors of the John M. Langston Bar Association.  The John M. Langston Bar Association is the oldest minority bar association in California and serves the legal community in the greater Los Angeles area.  In addition to his duties as Board member, Mr. Anthony will also work with the State Bar Association and the Governor's office to aid in the Governor's mission to diversify the Bench in California.

By Christopher Carlton

As discussed in prior blog posts (see our October 28 and November 7 posts under New Laws and Legislation), the Employee Free Choice Act (EFCA) is proposed federal legislation that would radically change long-standing labor laws.  Most significantly, EFCA would make it much easier for labor unions to organize employers by eliminating the traditional requirement of a secret-ballot election to determine whether a union is favored by a majority of employees.  President-elect Barack Obama co-sponsored this legislation as a U.S. Senator, and he has publicly vowed to make passage of EFCA a priority in his Administration.  CDF will be hosting workshops in each of our five California offices during the week of February 2-6, 2009, to aid pro-active employers who want to be prepared for the potential impact of EFCA.  If you are interested in attending one of these workshops, click here for our more detailed brochure and the registration form.

CDF's next sexual harassment prevention training session is coming up on January 16, 2009.

Who Should Attend?

• Newly hired supervisors;
• Newly promoted supervisors; and
• Supervisors who have not attended training in the last two years.

Training Sessions That Comply With California Law:

California Government Code section 12950.1 (AB 1825) requires all employers in California with 50 or more employees to provide at least two hours of sexual harassment prevention training to all supervisors in California every two years.  Additionally, employers of this size must provide this training to newly hired or promoted supervisors in California within six months of the assumption of supervisory duties and then once every two years thereafter.

To assist employers in complying with the ongoing requirements of this law, Carlton DiSante & Freudenberger LLP continues to offer periodic sexual harassment prevention training sessions at all five of our office locations in California.  The two-hour training is interactive and provides useful information on preventing sexual harassment in the workplace, investigating and handling complaints of sexual harassment, and preventing retaliation. 

Training Times:

7:30 a.m. to 7:50 a.m. - Continental Breakfast
7:50 a.m. to 10:00 a.m. - Training Session

Remaining Training Dates for 2009:

January 16, 2009; April 17, 2009; July 17, 2009; October 16, 2009

Cost:  $70 per person (or $60 per person if two or more people from the same company attend).

TO REGISTER: Click on the following link to our website and download the registration brochure:  Click Here.

Office Locations:

Sacramento:

8950 Cal Center Drive, Suite 160
Sacramento, CA  95826

San Francisco:

601 Montgomery Street, Suite 350
San Francisco, CA 94111

Los Angeles:

707 Wilshire Blvd., Suite 5150
Los Angeles, CA 90017

Orange County:

2600 Michelson Drive, Suite 800
Irvine, CA 92612

San Diego:

4510 Executive Drive, Suite 300
San Diego, CA 92121

By Marie DiSante

Happy New Year!

As we begin 2009, CDF has planned its Human Resources Roundtable for the first six months of the year.  As detailed below, we will be covering the new FMLA regulations, anticipated developments in wage and hour litigation, managing employee performance problems, background checks and violence prevention, leaves of absence, and strategies for investigating employee misconduct and employee complaints.  We will continue to conduct our Roundtables in each of our five offices on the third Tuesday of every month, from 7:30 to 9:00 a.m.  Attendance remains free of charge. We hope to see you at these Roundtables over the course of the year.

If you have any suggestions for topics you would like us to address at our Roundtables in the second half of 2009, please feel free to pass your suggestions along to me.  We appreciate your input on our presentations.

Best wishes for much happiness and prosperity in 2009.

Upcoming 2009 Monthly Human Resources Roundtable Dates & Topics

January 20
FMLA Regulations And Related ADA Issues:
What Do The New Regulations Mean For You?

February 17
What To Expect From The Next Wave Of Wage And Hour Litigation

March 17
Employee Performance Problems:
What To Document, How Long To Keep It, And How To Get Your Managers To Do It

April 21
Background Checks And Violence Prevention:
Putting Procedures In Place To Protect Your Company

May 19
Leaves Of Absence:
How To Comply With The Law And Still Run Your Business

June 16
Strategies For Investigating Employee Misconduct And Employee Complaints

Attendance is Complimentary - Sign Up Today!
Visit: www.CDFLaborLaw.com for more details
 

By Marie DiSante

All of us at Carlton DiSante & Freudenberger LLP extend our heartfelt congratulations to Dave Carothers, the managing partner of our firm's San Diego office.  Last week, Governor Arnold Schwarzenegger appointed Dave to California's Fair Employment and Housing Commission.  The FEHC is a quasi-judicial administrative agency which enforces California civil rights laws regarding discrimination in employment, housing, and public accommodations, including laws affecting pregnancy disability leave, family and medical leave, and hate violence.  The Commission engages in five primary activities: administrative adjudication, mediations, regulations, legislation, and public information and training.  Dave's appointment to the Commission will be final upon Senate confirmation.

For those of us who have had the benefit of working with Dave, we know he is very deserving of this honor, and we are confident Dave will serve with distinction on the Commission.  Dave served in the U.S. Navy from 1975 to 1979, and received a Marine Corps Expeditionary Medal for service in Iran.  Thereafter, Dave earned his Juris Doctorate degree from the University of Southern California School of Law.  He is a member of the prestigious American Board of Trial Advocates and the Federation of Defense and Corporate Counsel, and he is Martindale Hubbell AV Peer Review Rated.  Dave has served as the managing partner of our San Diego office since 2000, and he heads up our firm's trial practice.  Dave will continue in both of these roles while he serves on the Commission.

From our firm to Dave, congratulations on being recognized for the hard work and skill you have demonstrated over the years in your representation of California's employers.  We are proud to have you on our team.
 

Carlton DiSante & Freudenberger's next monthly HR Roundtable is an open forum where you bring the issues.  The Roundtable will take place on September 16, 2008, from 8:00 a.m. to 9:00 a.m. (continental breakfast and networking from 7:30 a.m. to 8:00 a.m.).  This is an opportunity to tap the collective knowledge of CDF's expert labor and employment attorneys to address any concerns or issues occurring in your workplace.  Unclear about which employees may be entitled to FMLA leave?  Unable to navigate the morass of wage and hour laws?  Bring your list of questions and get the answers you need to protect your business. 

To register to attend this complimentary Roundtable at one of our five California offices, please go to the "Monthly HR Roundtable" section of our website and select the link to register@cdflaborlaw.com.

Office Locations:

Sacramento:

8950 Cal Center Drive, Suite 160
Sacramento, CA 95826

San Francisco:

601 Montgomery Street, Suite 350
San Francisco, CA 94111

Los Angeles:

707 Wilshire Blvd., Suite 5150
Los Angeles, CA 90017

Orange County:

2600 Michelson Drive, Suite 800
Irvine, CA 92612

San Diego:

4510 Executive Drive, Suite 300
San Diego, CA 92121

On August 21, 2008, CDF Partner Alison Tsao will be taking part in a complimentary panel presentation sponsored by the Asian American Bar Association of the Greater Bay Area. The topic is Taking Your Legal Vitamins: Best Practices for California Employers.

California employment law is a minefield of risks. Ms. Tsao and her co-panelists will discuss the best practices that every employer in this state should implement to avoid employment law claims, such as:

• Developing and enforcing clear and effective employee policies
• Proper documentation and recordkeeping
• Classification of exempt and non-exempt employees
• Investigating employee complaints
• Protecting trade secrets and preventing solicitation and raiding

Additionally, the panelists will discuss emerging employment law risks in California.

Panelists:
Alison L. Tsao, Esq., Carlton DiSante & Freudenberger LLP
Henry Fong, Esq., Gap Inc.
Moderated by Emi Gusukuma, Esq., Haas Najarian LLP

August 21, 2008
5:30 – 6:00 p.m. Registration and beverages
6:00 – 7:00 p.m. Program
Location: Reed Smith LLP
2 Embarcadero Center, Suite 2000, San Francisco
RSVP: Larry Kampa,
lvkampa@reedsmith.com

Approved MCLE Provider – 1.0 Hour MCLE Credit

Don't miss this informative presentation.  Attendance is free of charge.  Please RSVP to the email address listed above.

As many of you know, on July 25, 2008, the California Court of Appeal for the Fourth Appellate District issued its long-awaited decision in the Brinker v. Superior Court (Hohnbaum) case.  The decision in that case has potentially significant ramifications for the way in which employers provide meal breaks to their non-exempt employees.  Given the importance of this decision, as well as the number of inquiries our firm has received regarding what, if anything, employers should do now as a result of this decision, we have decided to change the topic for our August 19 Human Resources Roundtable.  Instead of discussing issues relating to paid time off, we will be discussing the practical implications of the Brinker decision. We will reschedule the paid time off topic for a future roundtable.

For more detailed information on times and office locations, and how to register, please click here: http://www.cdflaborlaw.com/view_news.php?id=113

Carlton DiSante & Freudenberger LLP is pleased to announce that Mark S. Spring, partner residing in our Sacramento office, was recently recognized as a Northern California Super Lawyer for 2008 in the categories of Employment Litigation: Defense and Employment and Labor Law.  Super Lawyers represent the top 5% of attorneys in their practice area as nominated and evaluated by fellow attorneys. 

Mr. Spring is based in Sacramento, but practices all over Northern California.  He has been practicing labor and employment law since 1991.  He joined Carlton DiSante & Freudenberger LLP in 1997 as the first full-time attorney in our Sacramento office.  He is the former managing partner of our Sacramento office and from 2006-2007 he was the firm's Co-Managing Partner. 

Mr. Spring is active in the community and on diversity issues.  He currently serves on the Sacramento County Bar Association's Minority and Diversity Hiring and Retention Committee and previously was a founding board member of the Sacramento No Glass Ceiling Initiative.  Mr. Spring has an outstanding reputation with our clients, the judiciary, and fellow practitioners and is very deserving of this honor.  We hope you will join us in congratulating Mr. Spring on being included in this group of outstanding Northern California attorneys.

Congratulations to the team of Marie DiSante, Laura Saadeh, and Maria Gutierrez for their recent appellate court victory on behalf of California State University Long Beach.  On July 10, the Court of Appeal for the Second Appellate District (Los Angeles County) affirmed in full the trial court's grant of summary judgment in favor of CSU.  The plaintiff, a CSU administrative employee, had brought claims for sexual harassment, gender discrimination, retaliation, negligence, defamation, and assault and battery.  The trial court dismissed the plaintiff's claims for harassment, discrimination, and retaliation on the grounds that the plaintiff had insufficient evidence to support the claims asserted.  The trial court dismissed the negligence, defamation, and assault and battery claims on the grounds that the plaintiff had not complied with the filing requirements for bringing tort claims against the government.  In an unpublished opinion, the Court of Appeal affirmed the dismissal of each of these claims.  Given the hard-fought nature of the underlying litigation, this is a particularly sweet victory for the CDF team that represented CSU in this matter.

For more information about this case, please contact Marie DiSante.

Who Should Attend?

• Newly hired supervisors;
• Newly promoted supervisors; and
• Supervisors who have not attended training in the last two years.

Training Sessions That Comply With California Law:

California Government Code section 12950.1 (AB 1825) requires all employers in California with 50 or more employees to provide at least two hours of sexual harassment prevention training to all supervisors in California every two years.  Additionally, employers of this size must provide this training to newly hired or promoted supervisors in California within six months of the assumption of supervisory duties and then once every two years thereafter.

To assist employers in complying with the ongoing requirements of this law, Carlton DiSante & Freudenberger LLP offers periodic sexual harassment prevention training sessions at all five of our office locations in California.  The two-hour training is interactive and provides useful information on preventing sexual harassment in the workplace, investigating and handling complaints of sexual harassment, and preventing retaliation.  The next session is July 18.

Training Times:

7:30 a.m. to 7:50 a.m. - Continental Breakfast
7:50 a.m. to 10:00 a.m. - Training Session

Remaining Training Dates for 2008:

July 18, 2008
October 17, 2008

Cost:  $70 per person (or $60 per person if two or more people from the same company attend).

TO REGISTER: Click on the following link to our website and download the registration brochure:  Click Here.

Office Locations:

Sacramento:

8950 Cal Center Drive, Suite 160
Sacramento, CA  95826

San Francisco:

601 Montgomery Street, Suite 350
San Francisco, CA 94111

Los Angeles:

707 Wilshire Blvd., Suite 5150
Los Angeles, CA 90017

Orange County:
2600 Michelson Drive, Suite 800
Irvine, CA 92612

San Diego:

4510 Executive Drive, Suite 300
San Diego, CA 92121

Carlton DiSante & Freudenberger's next monthly HR Roundtable, entitled "Discrimination Issues: How Employers Can Prevent Claims and Limit Exposure," will take place on May 20, 2008 from 8:00 a.m. to 9:00 a.m. (continental breakfast and networking from 7:30 a.m. to 8:00 a.m.). 

California employers face a myriad of state and federal laws prohibiting discrimination on a number of different grounds.  Simply keeping track of the groups protected by the anti-discrimination laws can present a daunting task for any company.

Please join our employment attorneys for a discussion of some of the vital issues of which all California employers should be aware in order to limit their exposure to potential claims of discrimination.  The presentation will address the common grounds for discrimination claims, highlight some of the less obvious situations that can lead to complaints of discrimination, and provide practical tips on how to prevent discrimination in your organization and how to deal with complaints of discrimination in their early stages in order to reduce the likelihood of costly litigation later.  

To register to attend this complimentary Roundtable at one of our five California offices, please e-mail your name, your company name, and the location you will be attending, to the following address:  register@cdflaborlaw.com.

Office Locations:

Sacramento:

8950 Cal Center Drive, Suite 160
Sacramento, CA  95826

San Francisco:

601 Montgomery Street, Suite 350
San Francisco, CA 94111

Los Angeles:

707 Wilshire Blvd., Suite 5150
Los Angeles, CA 90017

Orange County:

2600 Michelson Drive, Suite 800
Irvine, CA 92612

San Diego:

4510 Executive Drive, Suite 300
San Diego, CA 92121

Carlton DiSante & Freudenberger's next monthly HR Roundtable, entitled Immigration Law Compliance--What Every Employer Should Know, will take place on April 15 from 8:00-9:00 a.m. (continental breakfast and networking from 7:30-8:00). 

As recently discussed in the media, immigration issues in the workplace are a hot topic upon which the federal government is currently focusing. In recent months, it has ramped up penalties against employers to reduce the number of unauthorized workers in the workforce. In order to avoid being targeted by the federal government and facing penalties for hiring and/or retaining unauthorized workers, come to this month's Roundtable to learn about ways you can respond to issues regarding the hiring and retention of employees who are not authorized to work in the United States. Also, learn about the proposed Department of Homeland Security regulations regarding no-match letters as well as the status of the implementation of those regulations. 

This month's Roundtable will provide valuable information that may help you avoid costly penalties and/or litigation regarding the hiring and retention of persons not authorized to work in the United States.

To register to attend this complimentary Roundtable at one of our five California offices, please e-mail your name, your company name, and the location you will be attending, to the following address:  register@cdflaborlaw.com.

Who Should Attend?

Newly hired supervisors;

Newly promoted supervisors; and

Supervisors who have not attended training in the last two years.

Training Sessions That Comply With California Law:

California Government Code section 12950.1 (AB 1825) requires all employers in California with 50 or more employees to provide at least two hours of sexual harassment prevention training to all supervisors in California every two years. Additionally, employers of this size must provide this training to newly hired or promoted supervisors in California within six months of the assumption of supervisory duties and then once every two years thereafter.

To assist employers in complying with the ongoing requirements of this law, Carlton DiSante & Freudenberger offers periodic sexual harassment prevention training sessions at all five of our office locations in California. The two-hour training is interactive and provides useful information on preventing sexual harassment in the workplace, investigating and handling complaints of sexual harassment, and preventing retaliation. The next session is April 18.

Training Times:

7:30 a.m. to 7:50 a.m. - Continental Breakfast
7:50 a.m. to 10:00 a.m. - Training Session

Upcoming Training Dates:

April 18, 2008
July 18, 2008
October 17, 2008

Cost:  $70 per person (or $60 per person if two or more people from the same company attend).

TO REGISTER: Click on the following link to our website and download the registration brochure: Click Here.

Office Locations:

Sacramento:

8950 Cal Center Drive, Suite 160

Sacramento, CA  95826

San Francisco:

601 Montgomery Street, Suite 350

San Francisco, CA 94111

Los Angeles:

707 Wilshire Blvd., Suite 5150

Los Angeles, CA 90017

Orange County:

2600 Michelson Drive, Suite 800

Irvine, CA 92612

San Diego:

4510 Executive Drive, Suite 300

San Diego, CA 92121

On April 1, 2008, Marianne C. Koepf and Nancy G. Berner of the firm's San Francisco office will discuss the key requirements of San Francisco's new Health Care Security Ordinance at a complimentary seminar.  Topics that will be addressed include who are covered employers and employees, employer spending requirements, and recordkeeping and reporting responsibilities; privacy issues surrounding employee medical information and the latest legal status of the ordinance will also be discussed.

Click here for additional information and to register to attend this important event.

On March 4, 2008, Robin E. Weideman, a partner in the firm's Sacramento office, will discuss Wage and Hour Compliance at the Sacramento Area Human Resource Association's "HR In Depth – Legal Seminar" at the Eleanor McClatchy Auditorium.  This session will provide guidance on common wage and hour pitfalls and hot areas for claims by employees; it will also provide useful advice and tips for compliance with California’s unique wage and hour laws.  Click here to view the flyer and register to attend this important event.

Carlton DiSante & Freudenberger's next monthly HR Roundtable – entitled "Protecting Your Company From the Lesser Known Wage-and-Hour Violations" – will take place on March 18, 2008.

Does your company pay employees their final wages in a timely fashion upon termination or resignation?  Does it provide compensatory time?  Does it pay split-shift premiums?  Does it provide reporting time pay to employees who report to work but are not put to work?  Does it pay employees for on-call time?  Does it provide uniforms of a distinct color or design?  Has it made an appropriate alternative workweek election? 

California employers need to be wary of many wage-and-hour traps that can lead to expensive litigation, including class actions, for unpaid wages and penalties.  Please join our experienced employment law attorneys for this engaging and informative Roundtable discussion about avoiding the costly pitfalls associated with wage-and-hour violations.

This HR Roundtable will be conducted at each of our offices, with networking from 7:30 a.m. to 8:00 a.m., and the program running from 8:00 a.m. to 9:00 a.m. A continental breakfast will be provided.

If you are planning to attend the HR Roundtable at our San Francisco office, please take note of the new address: 601 Montgomery Street, Suite 350, San Francisco, CA 94111.

For more information, please feel free to contact your local CDF representative:

Sacramento: Vanessa Whang – (916) 361-0991

San Francisco: Alison Tsao – (415) 981-3233

Los Angeles: Brent Giddens – (213) 612-6300

Orange County: Kendra Miller – (949) 622-1661

San Diego: Brandy Cody – (858) 646-0007

To register on-line, please e-mail your name, your company name, and the location you will be attending, to the following address: register@cdflaborlaw.com.

Thanks in part to the support from our subscribers, Carlton DiSante & Freudenberger's California Labor and Employment Law Blog was recently named a Top Law Firm Blog Site by LawyerCasting, an on-line marketing "Best Practices" blog for the legal industry.  We would like to congratulate everyone who has contributed to the ongoing success of the blog, and thank LawyerCasting, our subscribers and readers for their continuing support.

Carlton DiSante & Freudenberger's next monthly HR Roundtable – entitled "Employee Handbooks" – will take place on February 19, 2008.

A well drafted employee handbook is a valuable tool to apprise employees of important company policies and practices - it sets forth the company's clear expectations of its employees and can assist in ensuring consistent application of company policies and compliance with legal requirements.  A poorly drafted or intermittently enforced handbook can expose a company to liability and may subject an employer to expensive litigation. 

Join experienced CDF attorneys in a discussion of the "dos and don'ts" of employee handbooks, key provisions, and advice about how to administer them.

This HR Roundtable will be conducted at each of our offices, with networking from 7:30 a.m. to 8:00 a.m., and the program running from 8:00 a.m. to 9:00 a.m.  A continental breakfast will be provided.

If you are planning to attend the HR Roundtable at our San Francisco office, please take note of the new address: 601 Montgomery Street, Suite 350, San Francisco, CA 94111.

For more information, please feel free to contact your local CDF representative:

Sacramento:  Vanessa Whang – (916) 361-0991

San Francisco:  Alison Tsao – (415) 981-3233

Los Angeles:  Brent Giddens – (213) 612-6300

Orange County:  Kendra Miller – (949) 622-1661

San Diego:  Brandy Cody – (858) 646-0007

To register on-line, please e-mail your name, your company name, and the location you will be attending, to the following address: register@cdflaborlaw.com.

On March 6, 2008, Robin E. Weideman, a partner in the firm's Sacramento office, will speak at the Wage & Hour Litigation Conference at the Hyatt Regency Sacramento.  This program will explore in depth critical aspects of California wage and hour litigation, with a focus on important cases such as Sav-On, Gentry, Oracle and Kenneth Cole.  Some specific topics that will be covered include intricacies of overtime exemptions, Business & Professions Code section 17200, and management of data in wage and hour class actions.  Click here to view the flyer and register to attend this important event.

Carlton DiSante & Freudenberger's next monthly HR Roundtable – entitled "Retaliation: A How-Not-To Guide" – will take place on January 15, 2008. 

A well-liked employee unexpectedly files a discrimination complaint with California's Department of Fair Employment and Housing.  Certain that the claim is not valid, your first inclination may be to deny the employee a raise or promotion, or even label the person as a "troublemaker" or "complainer."

Not so fast.  Carlton DiSante & Freudenberger attorneys will explain the legal definition of retaliation and discuss ways to avoid such claims.

This HR Roundtable will be conducted at each of our offices, with networking from 7:30 a.m. to 8:00 a.m., and the program running from 8:00 a.m. to 9:00 a.m.  A continental breakfast will be provided.

If you are planning to attend the HR Roundtable at our San Francisco office, please take note of the new address: 601 Montgomery Street, Suite 350, San Francisco, CA 94111.

For more information, please feel free to contact your local CDF representative:

Sacramento:  Vanessa Whang – (916) 361-0991

San Francisco:  Alison Tsao – (415) 981-3233

Los Angeles:  Brent Giddens – (213) 612-6300

Orange County:  Kendra Miller – (949) 622-1661

San Diego:  Brandy Cody – (858) 646-0007

To register on-line, please e-mail your name, your company name, and the location you will be attending, to the following address: register@cdflaborlaw.com.

Mark S. Spring, our Firm Managing Partner, was the featured guest expert for the most recent "In the Know" podcast series.  In this podcast, Mr. Spring outlines all of the key developments in California employment law for 2008 and provides some suggestions on how California employers can best ensure compliance.  Mr. Spring also discusses some recent trends in the law and what to expect for 2008.  Click here to listen to the podcast.

Are you aware of the new laws going into effect in 2008? Have your safety/driving policies and practices been updated to comply with SB 1613 and SB 33? Are you aware of the recent cases indicating that employers may not be liable for meal break pay when employees knowingly and voluntarily fail to take their meal break? Do you know about the new military spouse leave law in California and have you implemented policies to address it? Were you aware that the ability to use administrative exemption as a defense to state law overtime claims in California was substantially limited in 2007?

If you want to make sure that you are up to speed with all the latest developments in California labor and employment law, then you should attend Carlton DiSante & Freudenberger LLP's November HR Roundtable meeting on November 13, 2007. CDF LLP attorneys at each office (Sacramento, San Francisco, LA, Irvine, San Diego) will provide a complimentary live breakfast presentation discussing these latest developments and the steps that California employers can take to make sure that they are complying with the changes. For more information on locations, click here.

November 13, 2007

7:30 a.m. to 8:00 a.m. - Networking

8:00 a.m. to 9:00 a.m. - Program

Continental Breakfast Provided

To register for this Roundtble, please e-mail the following information to register@cdflaborlaw.com:

Your Name

Your Company Name

Date of Roundtable

Location of Roundtable or contact

On October 25, 2007, Carlton DiSante & Freudenberger LLP was honored at the 2007 Unity Bar Dinner with a Unity 2007 Award by the Sacramento County Bar Association and its Unity Bar Association.  This prestigious award was presented to the firm for its promotion of diversity in the legal profession, and in particular for its ongoing participation and service to the Sacramento County Diversity Hiring and Retention Committee and that Committee's Diversity Summer Fellowship Program.  With the leadership of partners Vanessa Whang and Mark Spring, both of whom serve as active members of the Diversity Hiring and Retention Committee, our Sacramento office has supported this outstanding program for a number of years.  We are honored to have received this award and hope and expect to continue to take affirmative steps to promote diversity, both at our law firm and in the legal professional generally, for the forseeable future.

For more information on the Diversity Summer Fellowship Program or the Diversity Hiring and Retention Committee, please contact Vanessa W. Whang at vwhang@cdflaborlaw.com or Mark S. Spring at mspring@cdflaborlaw.com.

Marianne Koepf, partner at Carlton DiSante & Freudenberger's San Francisco office, will be conducting a presentation covering the recent California legislative session and recent case law and regulations in the employment law field that California lodging industry employers need to be concerned about going into 2008. The presentation is part of the California Lodging Expo and Conference on November 6, 2007 at the Oakland Marriott, and is being sponsored by the California Lodging Industry Association and the Asian American Hotel Owners Association. For more information click here.

On December 10, 2007, Mark S. Spring, the firm's managing partner, will conduct a seminar for the Sacramento Area Human Resource Association and review material developments that occurred in the world of California employment law in 2007; Mr. Spring will also be providing general advice on policy changes that should be considered to help ensure compliance and minimize risk.  Some of the topics that will be reviewed include exempt/non-exempt classification, mandatory arbitration agreements, regulations governing mandatory sexual harassment training requirements, and new guidelines affecting meal and rest break regulations.  Click here to view the flyer and register to attend this important event.

On October 16, 2007, Robin E. Weideman of the firm's Sacramento office will conduct a seminar for the Sacramento Area Human Resource Association, and will explain the latest meal and rest break class action trends, the implications of the recent meal and rest break decision by the California Supreme Court in Murphy v. Kenneth Cole, and the July 2007 decision in White v. Starbucks, which has given employers a glimmer of hope in this difficult wage and hour area.  In addition, Ms. Weideman will report on the California Labor Commissioner's recent public forums on meal and rest break problems facing California employers.  Click here to view the flyer and register to attend this can't-miss event.

Posted By: Dave Carothers

Corporate counsels are often tasked with the awesome responsibility of picking outside counsel to defend the corporation in a matter that may ultimately have to be decided by a jury. Often this selection has to do with prior relationships, reputation of the firm, history of pre-trial procedural success and the like. More particularly in the employment litigation context, the expectation of a lawyer’s ability to dispose of a matter through summary judgment is a big consideration. Consequently, corporate counsels tend to view litigation as a series of procedural steps leading to summary judgment: response to the complaint; discovery; attempt at mediation; summary judgment. However, the prospect of heading to court should the case or some of it survive summary judgment should lead to a highly different set of criteria about who should try that matter. In the same vein corporate counsel may have the tendency to view a trial pretty much the way they view the procedural steps leading to it: a process including jury selection, opening statement, examination of witnesses, closing argument, deliberations and verdict (hopefully a good one).

To maximize the probability of a successful outcome, I propose that you accept the radical idea that litigators and trial lawyers are not the same being. Therefore, to select a trial lawyer to defend your corporation before a jury may require some understanding and appreciation of how the two are different.

Trial lawyers are personalities. They take up space physically and emotionally (even trial lawyers small in stature). Trial lawyers love to tell stories gathered from complex facts and offer analogies to make points to a jury. Trial lawyers think big. For example, In a wrongful termination lawsuit against a small to medium size company, a case is not just about this plaintiff and this defendant and fine points tossed back and forth about implied contracts but calls into question the entrepreneurial spirit of this country and how extortionist lawsuits threaten everything this country encourages about risk taking, individualism and economic prosperity. No lawyer will win a case on personality alone, but judicial history is replete with examples of where it was a factor among others that saved the day.

Trial lawyers talk in themes. A theme is a short summation of a case that characterizes what the case is all about and thereafter becomes the filter for the evidence to be presented. Sometimes this is referred to as the “theory of the case.” The case’s theme should be one or two sentences stated in plain and simple English. For example, in a discrimination case, “Mr. Smith hired the plaintiff, Ms. Jones, eighteen months ago so how can she now say he terminated her because of her gender?” A theme should make sense to you, a jury, a judge, a newspaper reporter and your neighbor. It is the punch line that gets the jury interested and open to hear the evidence in support of it after the opening statement.

Trial lawyers use focus groups. Because trial lawyers talk in themes they are also obsessed with making sure that theme resonates with the community in which the case is being tried. The best way to do that is through a focus group. Note that a focus group is not a mock trial. The difference is significant. A mock trial involves a mini presentation of the case (including a stand - in arguing the plaintiff’s side) from beginning to end and can take a number of days to complete. A focus group, on the other hand can be done in a day where “both” sides present what they believe is the hot issue or hot document or key witness examination (usually video of a key deposition) and then get feed back from the mock jury. Both provide reliable information but the mock trial is significantly more expensive than the focus group presentation. Additionally, there are ways a good trial lawyer can cut the costs even further by modifying the set up and presentation of the focus group. The point is that it is standard practice to use some form of focus group presentation before the actual trial and many consider not doing so akin to walking into court guessing about everything.

A jury trial is unlike any other legal proceeding your company will face. While even a seasoned trial lawyer cannot guarantee a result in a jury trial, an inexperienced litigator in front of a jury is almost always certain disaster. A runaway verdict may be overturned on appeal or reduced by the trial judge or court of appeals but the publicity of an adverse outcome may cause insurmountable media damage and may have wasted enormous human and financial capital within the organization. It is, therefore, important to think like a trial lawyer when selecting counsel to stand up and represent your organization at trial.

Nancy Berner will appear on the PBS radio program "Your Legal Rights" from 7:30 to 8:30 p.m., February 21, to discuss the implications of San Francisco's Paid Sick Leave Law on employers throughout the state. The show is broadcast live in the Bay Area at 91.7 FM, KALW, and online at www.kalw.org. It is rebroadcast at other times on other California stations, so check local listings. We will be receiving a copy of the program, and will update the blog with a link to the show when it becomes available.

On March 27, 2007, join experienced California-based employment law specialists from Carlton DiSante & Freudenberger LLP for a complimentary seminar addressing the most pressing issues facing Texas-based companies with California employees.

The event will take place at The Westin Galleria in Dallas, Texas.
Registration is from  2:45 p.m. to 3:00 p.m.
The program will run from 3:00 p.m. to 5:45 p.m.
After the program please join the presenters for a selection of fine California wines and hor d'ouerves.

Topics of discussion will include:

• California Wage/Hour Class Action Litigation Update
• California Jury Trial Practice
• Top 5 Pitfalls Made by California Employers
• Managing Leaves of Absence
• Key California Employment Law Developments for 2007 - What You Need to Know and How It Will Affect You

Click here for more information and how to register.

Nancy Berner in Calton DiSante & Freudenberger LLP’s San Francisco office was quoted on NPR’s Morning Edition and in the San Francisco Chronicle regarding the repercussions in the business community as a result of the city’s new law requiring sick leave for employees. On February 5, 2007, San Francisco will become the first city in the country to require all businesses to provide paid sick leave to all employees.

On January 16, 2007 Carlton DiSante & Freudenberger LLP’s attorneys conducted a presentation on the new laws facing California employers in 2007 and developing legal issues that employers should be aware of over the next year.

Some of the topics discussed included:

• The increase in California’s minimum wage and implications for exempt employees
• Clarification of law mandating sexual harassment training of supervisors
• San Francisco’s sick leave ordinance
• Proposed regulations regarding reimbursement for employee travel expenses
• Payment of wages upon termination of employment
• Additional developments in new cases changing employer’s obligations in California

  Click here for a copy of the presentation handout.

On January 16, 2007, Carlton DiSante & Freudenberger LLP is offering a presentation covering the new laws and related legal developments California employers need to be familiar with for 2007. The discussion will focus on newly passed legislation, recent judicial decisions of interest to California employers, and the litigation trends employers should be aware of for 2007 and beyond.

There is no charge for attendance.  Click here to register, and provide your name, your company's name, and the location of the presentation you would like to attend.

Locations & Times: (all offices are conducting the presentation on January 16, 2007)

Los Angeles
11:30 a.m. to 1:00 p.m.  Lunch provided.
707 Wilshire Blvd., Suite 5150
Los Angeles, CA 90017
(213) 612-6300

Orange County
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
2600 Michelson Drive, Suite 800
Irvine, CA 92612
(949) 622-1661

San Diego
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
4510 Executive Drive, Suite 300
San Diego, CA 92121
(858) 646-0007

San Francisco
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
260 California Street, Suite 500
San Francisco, CA 94111
(415) 981-3233

Sacramento
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
8950 Cal Center Drive, Suite 160
Sacramento, CA 95826
(916) 361-0991

On December 13, Mark S. Spring, managing partner of our Sacramento office, will be co-hosting a presentation sponsored by the Sacramento Area Human Resources Association: The Key Workplace Law Developments for 2007 That HR Professionals Need to Know.  For more information and to register click here.

California employers face a myriad of state and federal requirements pertaining to the types documents they must retain and the length of retention. Carlton DiSante & Freudenberger LLP’s HR Roundtable that took place on September 19, 2006, provided an overview of the general retention requirements for California employers. The handout (“Record Retention Guidelines”) provided to attendees can be downloaded here.

On a similar note, the next free HR Roundtable is scheduled for October 17, 2006. The topic will cover immigration issues for California employers. The HR Roundtable will again take place in Irvine, San Francisco, Sacramento, San Diego, and Los Angeles. We will post more information about the topic and times in the next few days, but if you would like to be informed about the details in advance, click here.

Who Should Attend?
Supervisors that did not receive training by December 31, 2005
Newly hired supervisors
Newly promoted supervisors

Training Sessions That Comply With California Law:
Experienced attorneys at Carlton DiSante & Freudenberger LLP have created an interactive training curriculum that is engaging, cost-effective, and fully complies with the requirements of California Government Code Section 12950.1 (AB 1825). This law requires all California employers with 50 or more employees to provide at least two hours of sexual harassment prevention training to all supervisors every two years. Supervisors employed as of July 1, 2005, must receive this training on or before January 1, 2006.

To assist employers in complying with the on-going requirements of this law, we will be offering monthly training sessions at all five of our locations in California from May through December 2006. The training sessions will be conducted on the third Friday of each month.

Training Locations:
Irvine                     Los Angeles
San Diego               Sacramento
San Francisco

Training Times:
The times for each training session will be:
7:30 a.m. to 7:50 a.m. - Continental Breakfast
7:50 a.m. to 10:00 a.m. - Training Session

Remaining Training Dates for 2006:
October 20, 2006
November 17, 2006
December 15, 2006

Each Two-Hour Training Session Includes:
Continental Breakfast
Informative Materials About Preventing Sexual Harassment and Conducting Investigations
Interactive Discussion of Practical Situations
Certificate of Completion

Cost:
$70 per person (or $60 per person if two or more individuals from the same company attend)

On-Site Training:
Carlton DiSante & Freudenberger LLP can conduct this training at an employer's facility. We typically charge a flat fee to provide this type of on-site training. For employers with a large number of supervisors, this may be a more affordable, efficient way to meet the requirements of this law.

For additional information about on-site training or future training dates at one of our offices, email us by clicking here.

For a downloadable version of our brochure please click here.

Marie D. DiSante, founding partner of Carlton DiSante & Freudenberger LLP, recently participated in a roundtable discussion on several employment cases and their impact on the law. This roundtable appeared in the August 2006 issue of the California Lawyer.

Roundtable discussion focuses on two recent disability accommodation decisions Raine v. City of Burbank; a case of first impression Gelfo v. Lockheed [click here for related article]; two sexual harassment decisions Lyle v. Warner Brothers Television [click here for related article], a California Supreme Court case, and EEOC v. National Education Association of Alaska, a Ninth Circuit Court decision; and the closely followed meal and rest break case Murphy v. Kenneth Cole Prod. [click here for related articles] pending before the state supreme court.

The paperless office remains a dream for many companies. Records accumulate in drawers, file cabinets, and computers.

On September 19, 2006, CDF attorneys will conduct an informative Roundtable discussion about what documents employers are required to keep, how long they must keep them, and why it is important.

Attendees will receive valuable information on both state and federal requirements, and a summary chart to guide them through the paper maze.

There is no charge for attendance.  Click here to register, and provide your name, your company's name, and the location of the HR Roundable you would like to attend.

Locations & Times:

Los Angeles
11:30 a.m. to 1:00 p.m.  Lunch provided.
707 Wilshire Blvd., Suite 5150
Los Angeles, CA 90017
(213) 612-6300

Orange County
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
2600 Michelson Drive, Suite 800
Irvine, CA 92612
(949) 622-1661

San Diego
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
4510 Executive Drive, Suite 300
San Diego, CA 92121
(858) 646-0007

San Francisco
7:30 a.m. to 9:00 a.m.  Continental breakfast provided.
260 California Street, Suite 500
San Francisco, CA 94111
(415) 981-3233

More than 250 San Diego-based defense, transportation and corporate employees attended training meetings this summer as part of the annual Ethics Training that Cubic Corp. has offered for more than 20 years.

The key message of the training was that employees must avoid even the appearance of impropriety in their business practices, because even if they have committed no crime, it could still cost Cubic hundreds of thousands of dollars to explain that in court.

Employees attending the Aug. 3 ethics session were joined by four members of the Cubic Corporation Board of Directors, who attended to show their commitment to Cubic’s standards of ethical business conduct. The session was videotaped for eventual distribution to other Cubic sites.

“What we hope to do in these sessions is to sensitize you to the gray areas,” said Dan Jacobsen, vice president and chief compliance officer for Cubic Corporation. “We assume that the employees know right from wrong, or we wouldn’t have hired them. We want to instill in them a desire to call and ask for help.”

Presenting the Aug. 3 seminar were two trial lawyers: Carolyn Oliver, a former Assistant U.S. Attorney who now heads The Alliance, a legal practice that handles business contracts, negotiations and complex federal criminal defense cases; and Dave Carothers, managing partner of Carlton DiSante & Freudenberger LLP, whose areas of practice include labor and contractual litigation.

Carothers, who has a military background as well as extensive legal experience, outlined some of the ethics problems that most concern government regulators: antitrust violations, price-fixing, bribes to foreign nationals, insider trading and conflicts of interest. He said companies that break these laws can pay fines from $5,000 to $75 million, depending on size of the company and the nature of the violation.

If Cubic was only a U.S. corporation, complying with these laws alone would be a challenge. However, as Jacobsen stated, “the sun never sets on Cubic.” The company must also comply with the national laws of all the countries where it does business.

General guidelines for all employees worldwide are described in the Ethics, Standards of Conduct and Compliance section of Cubic’s Employee Handbook, which along with other ethics information is also posted on the Corporate Intranet. Jacobsen emphasized that even though not all employees worldwide are covered by U.S. laws, they must still adhere to Cubic’s employee policies.

Carothers observed that while many companies have ethics policies, those policies don’t hold much weight in a court of law unless the companies take “affirmative, proactive steps” to make sure employees are aware of and adhere to them. “They have to be used, they have to be part of your cultural blood. They have to be reinforced … revamped, revised and debated within a company,” Carothers said. “You can’t just put policies on the shelf and bring them out when a lawsuit’s filed. They’ve got to be a regular part of your work life.”
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