California Labor & Employment Law Blog

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

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

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.”