Labor and Employment Law

Kronick maintains a full-service labor and employment (L&E) practice that specializes in all aspects of labor and employment law. Our L&E attorneys work closely with clients to implement up-to-date, comprehensive policies and practices to avert potential employee relations issues. We also develop highly effective tools for our clients, from employee handbooks and training sessions to troubleshooting efforts that raise awareness, deter improprieties, and demonstrate employer preparedness.

As employment law issues arise with public oversight agencies or in the courts, we support our clients with our vigorous, experienced defense. While we handle litigation in a highly proficient, cost-effective manner, we best serve our clients by working to avoid litigation in the first place. When litigation does occur, our team provides extensive experience defending labor and employment-related lawsuits including wage and hour class actions, individual wage claims, discrimination, retaliation, sexual harassment, whistleblower cases,  wrongful termination, labor grievance, and unfair labor practice charges.

Areas of emphasis also include employment advice and counsel, labor contract and negotiations, employee discrimination and harassment, litigation, and class action defense, including police and firefighter tort defense, workplace investigations, and federal and state civil rights cases. Kronick attorneys have successfully defended both private sector employers and state and local public agencies and special districts before every level of federal and state court, and represent clients before federal and state administrative tribunals on a full array of employment-related matters.


LABOR AND EMPLOYMENT LAW FOCUS AREAS

People

Publications

    Speaking Engagements

    03.05.2024

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    Speaking Engagement

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    Adventures in Disability Accommodations!

    Date

    Tuesday, March 5

    Location

    Webinar

    Kronick Shareholder Christopher Onstott will present at the Sacramento Area Human Resources Association (SAHRA) upcoming webinar series. Creative solutions while engaging in the interactive process with employees seeking disability accommodations. This webinar will help employers deal with difficult accommodation questions while addressing new case law.

    For more info and to register, please visit the event website.

    02.29.2024

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    Speaking Engagement

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    Employment Law Update

    Date

    February 29

    Location

    via Zoom

    Kronick Senior Counsel Vance Piggott will provide an overview of new California laws in the area of labor and employment to the Association of Corporate Counsel (ACC).  This will include an in-depth discussion about California’s new Workplace Violence Prevention Act.

    01.25.2024

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    Kronick Workshop

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    Tips from the Other Side of the (Bargaining) Table

    Date

    Thursday, January 25, 12:00-1:30 pm

    Location

    Where: In-person at Kronick’s Office, 1331 Garden Hwy, 2nd Floor, Sacramento, CA 95833 (lunch provided) or virtually via Zoom

    Join Kronick for an exclusive event where we will share invaluable insights on labor relations and collective bargaining. As the State of California’s sole outside counsel negotiating for CalHR and CDCR, our expertise is unmatched. Learn firsthand from Kevin Flautt, Ian Sangster, and Vance Piggott who handle labor negotiations for cities, counties, and special districts.

    Questions? Heather Ward (916-321-4577 or hward@kmtg.com)

    Zoom Recording

    Presentation Slides

    12.14.2023

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    Speaking Engagement

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    2024 California Employment Law Update

    Date

    December 14th

    Location

    Lincoln, CA

    Kronick attorney Alec Tyra will provide a comprehensive update to the Lincoln Area Chamber of Commerce, highlighting new laws and noteworthy cases that employers should be aware of in 2024. This update will delve into recent case law, shedding light on its impact on employers, particularly in areas such as employee scheduling and compensation practices. Additionally, Mr. Tyra will cover key legislative changes from 2023, ensuring that attendees are well-informed about California’s evolving legal landscape.

    11.16.2023

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    Speaking Engagement

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    Getting It Right from The Start: Calculating Employees’ Regular Rate of Pay

    DATE

    Thursday, November 16

    LOCATION

    Monterey, CA

    Kronick is pleased to again sponsor the California Public Employers Labor Relations Association (CALPELRA) Annual Conference on November 14 – 17 in Monterey, CA.

    Arguably the most basic, the most fundamental concept in wage and hour law is the determination of an employee’s regular rate of pay. On the surface, calculating the regular rate of pay seems fairly straightforward, but many factors can affect the calculation of an employee’s regular rate: bonus payments, shift differential pay, stand-by or on-call pay, cash-in-lieu pay for opting out of health care benefits, employees working multiple jobs with varying wage rates, and numerous other issues. In this session, after an examination of the federal (Fair Labor Standards Act) and state law definitions of regular rate, you’ll learn to identify these varied factors. Through various scenarios posing difficult rate calculation issues, David Tyra and Ian Sangster will teach you how to determine which regular rate to apply and how to avoid the many liabilities inherent in the calculation of regular rate of pay.

    For more information and to register, please visit the event website.

    11.15.2023

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    Speaking Engagement

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    It All Starts With Hiring

    DATE

    Wednesday, November 15

    LOCATION

    Monterey, CA

    Kronick is pleased to again sponsor the California Public Employers Labor Relations Association (CALPELRA) Annual Conference on November 14 – 17 in Monterey, CA.

    Over the past several years California’s Legislature has made the hiring process much more complex, with new rules regarding criminal background checks (the Fair Chance Act), medical testing, and disability-related inquiries, and – set to take effect in 2024 – new restrictions on testing for marijuana use as part of the hiring process. These new requirements were added to the already daunting restrictions in the federal Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA). David Tyra and Terilynn Diepenbrock will guide you through a step-by-step overview of the hiring process: from the development and use of comprehensive job descriptions, through recruitment, interview processes, background checks, conditional job offers, and final job offers. Ensuring that your hiring process is thorough and complies with all legal requirements is one of the most effective methods for avoiding problem employees.

    For more information and to register, please visit the event website.

    11.15.2023

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    Speaking Engagement

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    Traffic Ahead: Avoiding Collisions at The Intersection of Leave Laws

    Date

    Wednesday, November 15

    Location

    Monterey, CA

    Kronick is pleased to again sponsor the California Public Employers Labor Relations Association (CALPELRA) Annual Conference on November 14 – 17 in Monterey, CA.

    One of the most vexing questions employers constantly face is how to effectively manage the intersection of the various federal and state laws that provide employees with leave rights. From FMLA to CFRA to ADA/FEHA disability accommodation to worker’s compensation and beyond, navigating the maze of leave laws that may apply in any given situation is complicated. In this interactive session, through complex case studies, you’ll learn about the various ways these varied leave laws can overlap and how employers can effectively address concurrent leave issues to manage the workplace effectively and avoid liability traps. You’ll be challenged to work through these case studies with David Tyra and Terilynn Diepenbrock, learning how to manage scenarios to meet all legal requirements and most effectively protect both the employer’s and employee’s rights and interests.

    For more information and to register, please visit the event website.

    05.16.2023

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    Speaking Engagement

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    Managing Remote Workers Without Feeling Worked Over

    Date

    May 16

    Location

    Virtual

    Kronick Shareholder Christopher Onstott will present at the Sacramento Area Human Resources Association (SAHRA) Annual Legal Series. On May 16th, he will provide employers with essential tools that they will need to manage remote and hybrid-remote employees. Program participants will be able to issue spot exposure areas in their remote work arrangements and address them in an efficient manner. Please visit the event website for more information and to register.

    05.03.2023

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    Speaking Engagement

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    PAGA Update

    Date

    May 3

    Location

    Sacramento, CA

    Kronick Shareholder Bruce Scheidt will present at the 11th Annual FBA Capitol Conference on May 3 in Sacramento. He will highlight the current PAGA disputes and explain the practical impacts on employers, employees, and litigants today. He will provide an advanced look at the statutory history, requirements, and issues that regularly arise in litigation. For more info and to register please visit the event website.

    12.07.2022

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    Speaking Engagement

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    The New Remote: An Employer’s Guide to Navigating a Post Pandemic World

    Date

    December 7

    Location

    @the Grounds

    700 Event Center Drive

    Roseville, CA

    Kronick is pleased to sponsor the Sacramento Area Human Resources Association (SAHRA) and to participate in its Annual Conference. Kronick attorneys Christopher Onstott and Jonathan Hsieh will provide employers with important tools that they will need to manage remote and hybrid-remote employees. Program participants will be able to issue spot exposure areas in their remote work arrangements and address them in an efficient manner. Please visit the event website for more information and to register.

    11.16.2022

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    Speaking Engagement

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    Disability Accommodation And The Interactive Process

    Date

    Wednesday, November 16

    Location

    Monterey, CA

    Kronick is pleased to again sponsor the California Public Employers Labor Relations Association (CALPELRA) Annual Conference on November 15 – 18. One of the most vexing problems employers continually face is effectively managing disability accommodation issues, now further complicated by COVID-related questions. Is long COVID a recognized disability? Is telework a reasonable accommodation an employer must consider and conversely, can an employer claim that physical presence in the workplace is an essential function of the job? In tackling these difficult questions, employers must be able to address what accommodations they must consider; when a requested accommodation is unreasonable; whether an employer must provide an employee’s accommodation of choice; how long must leave as an accommodation be granted; and how the interactive process meeting should be conducted to make it as effective as possible. In this interactive session with David Tyra and Terilynn Diepenbrock, you’ll learn how to manage problems in a way that meets all legal requirements and most effectively protects both the employer’s and employee’s interests. For more information and to register, please visit the event website.

    10.11.2022

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    Speaking Engagement

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    Answered: A Comprehensive COVID Update For Employers

    Date

    Tuesday, October 11

    Location

    Webinar

    Kronick’s Shareholder Chris Onstott joins Hanna Brophy and Marsh McLennan Agency as they explore the concept of take-home COVID and current state/federal law concerning whether employers can be liable to non-employees when an employee allegedly contracts COVID-19 at work and transmits the disease to a non-employee. This area could open the door to a seemingly endless chain of liability, particularly when one considers presumptive COVID-19 claims.

    We will discuss the effect of AB5 on employers’ attempts to deal with COVID in the workplace. Finally, this presentation will address accommodation issues affecting “long haulers.”

    This will be eligible for one and a half (1.5) hours of CEU credit.

    For more information and to register, please visit the event website.

    06.16.2022

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    Speaking Engagement

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    Making An Employee’s Disability Accommodation Request Work for You: Implementing An Employer-Driven Interactive Process

    Date

    June 16

    Location

    Virtual

    Kronick is pleased to again sponsor the Sacramento Area Human Resource Association’s (SAHRA) June Legal Series. Shareholder Chris Onstott will share techniques to help an employer take back control over employee disability accommodation requests. The presentation will include: 

    • Recent guidance on when to begin the interactive process; 
    • Tools to put in place before the accommodation request occurs;
    • Creative solutions to accommodation requests;
    • Pitfalls to avoid in the interactive process; and 
    • Recent and helpful case law on disability accommodation.

    Please visit the event website for more info and to register.

    01.21.2022

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    Speaking Engagement

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    Employers Take Cover! New Laws and Cases You Need to Know in 2022

    Date

    Friday, January 21

    Location

    Roseville, CA

    Shareholder Chris Onstott will provide an update to the Roseville Chamber of Commerce on new laws and cases employers need to know in 2022.

    • Recent case law affecting employers in numerous ways, including how almost every employer schedules and pays their employees.
    • Recent legislation in 2022 affecting employers.
    • An update on COVID-19 requirements for employers.

    For more information and to register, please visit the event site.

    11.19.2021

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    Speaking Engagement

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    Employee Free-Speech Rights And Right To Collective Action In The Age Of Social Media

    Date

    Friday, November 19

    Location

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. While social media use was ubiquitous prior to the COVID-19 pandemic, employees’ use of social media during work hours exploded with so many employees working from home during the pandemic. There also has been a noticeable uptick in the level of vitriol and sometimes even violent speech on social media platforms. The challenge for public employers in addressing concerns over social media use is twofold. First, how can public employers govern social media use in light of First Amendment protections? Second, what types of policies can an employer adopt, and what types of disciplinary actions may it take, in light of laws protecting employee collective action rights? David Tyra will discuss the development of both limitations on an employer’s right to address problematic social media use. You’ll learn about adopting enforceable social media policies and taking defensible disciplinary action when an employee posts offensive or violent content on social media platforms. For more information and to register, please visit the event website.

    11.19.2021

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    Speaking Engagement

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    Tips For Compliance: SB1421 Police Officer Personnel Records And Disclosure

    DATE

    Friday, November 19

    LOCATION

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. The California Public Records Act provides a right of access to public records unless the record is expressly exempt. Peace officer records are generally exempt from public inspection, and until recently, Pitchess motions were the exclusive method of obtaining personnel records. But effective January 2019, Senate Bill 1421 amended Penal Code sections to provide that public records related to officer-involved shootings, officer use of force resulting in great bodily injury or death, or a sustained finding of officer dishonesty or sexual assault are no longer confidential and must be made available for public inspection pursuant to the CPRA, with limited exception. Mona Ebrahimi and Kevin Flautt will discuss the intersection of these various laws and valuable tips for complying with them. For more information and to register, please visit the event website.

    11.17.2021

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    Speaking Engagement

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    The Post-Pandemic Future Of Teleworking

    Date

    Wednesday, November 17

    Location

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. The COVID-19 pandemic dramatically accelerated (by necessity) the use of teleworking arrangements across a broad variety of workplaces. Moreover, the lessons learned during the pandemic have demonstrated that telework arrangements can be beneficial and provide advantageous flexibility for both employers and employees alike. Telework arrangements, however, are not without complications. From wage/hour and timekeeping issues to productivity, employee behavioral and discipline concerns, workplace safety, and Cal/OSHA compliance, in addition to many other issues, the advantages teleworking presents must be balanced against the challenges. David Tyra will address the issues associated with teleworking arrangements, from their establishment, through governance, to elimination when necessary. For more information and to register, please visit the event website.

    11.17.2021

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    Speaking Engagement

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    Disability Accommodation And The Interactive Process

    Date

    Wednesday, November 17

    Location

    Monterey, CA

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16 – 19, 2021. One of the most vexing problems that employers continually face is effectively managing disability accommodation issues.  What accommodations must an employer consider?  When is a requested accommodation unreasonable?  Must an employer provide an employee with the accommodation of their choice?  How long must leave as an accommodation be granted?  And how should the interactive process meeting be conducted to make it as effective as possible?  Through advanced case studies involving disability accommodations and the interactive process, David Tyra and Terilynn Diepenbrock will challenge you to learn how to manage scenarios in a way that meets all legal requirements and most effectively protects both the employer’s and employee’s interests. For more information and to register, please visit the event website.

    10.12.2021

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    Speaking Engagement

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    Employers Beware: California Wage & Hour Law Takes a Troubling Turn

    DATE

    Tuesday, October 12

    LOCATION

    @the Grounds, 700 Event Center Drive, Roseville, CA 95678

    OVERVIEW

    Kronick is pleased to sponsor SAHRA and to participate in its Annual Conference. Kronick attorneys Christopher Onstott will discuss key changes to California Wage & Hour requirements over the last year. In particular, he will lay the groundwork of several Wage & Hour requirements before the Donohue v. AMN Services, LLC case and then discuss that case’s impact on meal periods, timekeeping, recordkeeping, and rounding. He will also discuss other key developments in California wage & hour cases. Please visit the event website for more information and to register.

    05.04.2021

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    Speaking Engagement

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    Help! My Employee is Driving Me Crazy! Dealing with Problem Employees, Especially in a Remote Working Environment

    DATE

    Tuesday, May 4

    LOCATION

    Webinar

    OVERVIEW

    Kronick is pleased to sponsor SAHRA and to participate in its Annual Legal Series. Kronick attorney Christopher Onstott will discuss effective steps to handle a problem employee. The presentation will identify helpful language and strategies for performance evaluations, disciplinary write-ups, performance improvement plans, and termination documentation. In addition, the presentation will identify other tools available to employers who are coping with such employees in a remote working environment. Also discussed are documentation and evidence gathering should your company be faced with a complaint or lawsuit. Please visit the event website for more information and to register.

    03.30.2021

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    Speaking Engagement

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    Legal Issues for Government Communicators—Copyright, Trademark and Records Retention Laws

    Date

    March 30

    Location

    Webinar

    Managing your organization’s reputation during challenging times means you not only need to ensure you are meeting the public’s need for information – but at the same time, not breaking any laws. Kronick Shareholder Christopher Onstott and Senior Counsel Kevin Flautt will lead this session and help you unravel the mystery of ever-changing federal and state laws.

    During this webinar you will learn about:

    • Copyright law and trademarks
    • Photography in public places
    • Social media, records retention
    • 1st amendment matters
    • Responding to the media on legal matters (how to avoid saying “no comment”)
    • Recent technology rulings
    • How to handle the uptick in PRA requests

    For more information and to register, please visit the event website.

    12.09.2020

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    Kronick Webinar

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    2021 California Employment Law Update

    When:

    Wednesday, December 9

    12:00-1:30 pm

    Where: Virtual via Zoom Webinar

    Kronick’s Labor & Employment group is pleased to offer semi-regular webinars that focus on key topics essential for employers, management, and HR professionals.

    Please join us to hear the latest information on new employment laws and regulations in California, learn how they will affect you, and get a head start on what to expect in 2021. From independent contractors to privacy to COVID-19 related legislation – the California Legislature and Federal Government were busy in 2020 passing a wealth of new labor and employment laws that impact your business or agency.

    The team will provide an overview of notable new California employment laws, including:

    • Employee leaves
    • Notice and reporting
    • Independent contractors
    • COVID

    Download the presentation here.

    Download Kronick’s publication 2021 Legislative Updates: An Employer’s Guide to New Laws Impacting the Workplace.

    MCLE & HRCI Credit:

    Kronick is a State Bar of California MCLE approved provider and this program has been approved for one hour of MCLE credit. In addition, this program is pending approval of HR Certification Institute’s® (HRCI®) credit.

    Download your MCLE certificate and evaluation form.

    Download your HRCI certificate.

    Questions?

    Please contact Heather Ward at 916-321-4577 or hward@kmtg.com.

    11.20.2020

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    Speaking Engagement

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    Is This Person My Employee: AB 5 One Year Later

    Date

    November 16-20

    Location

    Virtual

    Overview

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16-20,2020. David Tyra will discuss the California Legislature’s passage of AB 5, which adopted the “ABC test” for classifying workers as either employees or independent contractors. By the time of the conference, it is almost certain that one or more pieces of additional legislation will have passed the California Legislature to clarify some of the confusion surrounding the application of this new test and to carve out further exceptions to it. This session will comprehensively address each of the elements of the ABC test and the requirements for complying with each of those elements. The session also will involve a discussion of the most commonly encountered statutory exceptions to the ABC test and how each is applied. Finally, this session will address new developments surrounding AB 5 and the ABC test, including newly enacted statutory exceptions, limitations, and clarifications regarding the application of that test.

    11.20.2020

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    Speaking Engagement

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    Avoiding A Collision At The Intersection Of FMLA/CFRA, Disability Leaves, And Worker’s Compensation

    Date

    November 16-20

    Location

    Virtual

    Overview

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 16-20,2020. David Tyra will discuss one of the most vexing questions that challenge employers continually is how to administer employee leave situations when issues involving the application of the FMLA/CFRA, federal and state disability law, and worker’s compensation overlap. Dealing with questions of what law applies and when, how to handle situations in which multiple laws overlap, identifying and properly administering situations in which an employee’s rights under one set of laws end but another begins, are but a few of the difficulties employers face in this complex intersection of applicable statutory schemes. This interactive session will present advanced case studies involving overlap questions. Participants will be challenged to work with the presenters to manage the scenarios presented in a way that meets all legal requirements and most effectively protects both the employer’s and employee’s interests.

    10.07.2020

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    Speaking Engagement

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    How Bankruptcy Affects Workers’ Compensation

    DATE

    October 7

    LOCATION

    Virtual

    OVERVIEW

    Kronick Shareholder Gabriel Herrera will present to the California Applicants’ Attorneys Association Sacramento Valley Chapter the “in’s and out’s” of how bankruptcy affects workers’ compensation.

    09.23.2020

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    Kronick Webinar

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    Social Media While Socially Distant: Addressing Employees’ Online Activities During the Pandemic

    Date

    Wednesday, September 23 at noon

    Location

    via webinar

    David Tyra will discuss issues related to increasingly contentious social media use due to the confluence of a global pandemic, political unrest, and the upcoming presidential election. He will review factors public and private employers must consider before disciplining employees for social media posts and other online conduct.

    Presentation Slides

    Webinar (Passcode: H#9vzd4L)

    06.16.2020

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    Speaking Engagement

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    Strategies for a Successful Re-Entry to the Workplace

    Date

    June 16

    Location

    via webinar

    Work re-entry has been on everyone’s minds as we continue to navigate through COVID-19. In conjunction with the Sacramento Area Human Resource Association (SAHRA) Terilynn Diepenbrock will cover a range of topics, including:
    • Employees: Recall or Rehire?
    • Employer Strategies for Underperforming Employees
    • Health and Safety Protocol for the “New” Workplace

    For more information and to register, please visit the event website.

    05.04.2020

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    Speaking Engagement

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    5 Employment Law Pointers to Know in the Time of COVID

    Date

    May 4

    Location

    via webinar

    Kronick Shareholder Chris Onstott will partner with the Chambers of Commerce of Roseville, RocklinLincoln and Loomis to discuss the following:

    1. Understanding certain aspects of the Families First Coronavirus Response Act
    2. Employment law pitfalls to avoid when employees work from home.
    3. Employment law risks when business reopen.

    For more information and to register please go to the event website.

    04.08.2020

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    Kronick Webinar

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    Violence in the Workplace & Use of Restraining Orders

    Date

    April 8

    Location

    via webinar

    Terilynn Diepenbrock will discuss how to recognize and address potential workplace violence issues during the hiring process, employment tenure and post-termination.

    Topics will include:

    • How to properly vet applicants
    • Implementation of effective policies and procedures
    • What steps to take when things go wrong

    12.04.2019

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    Speaking Engagement

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    SAHRA Annual Law Update

    DATE

    December 4

    LOCATION

    Sacramento, CA

    OVERVIEW

    Kronick Shareholder and Practice Group Manager of Kronick’s Labor & Employment team David Tyra will participate in the Sacramento Area Human Resource Association (SAHRA) Annual Law Update where local human resources professionals come to learn about new legislation affecting employers, 2019 case law developments, and practical takeaways that will help you stay compliant with California law in 2020.

    11.22.2019

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    Speaking Engagement

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    Is This Person My Employee? The ABC’s Of Independent Contractor Misclassification

    DATE

    November 22

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss the 2018 decision in Dynamex Operations West v. Superior Court, the California Supreme Court issued a new and challenging test for determining whether an individual is an employee or an independent contractor, known as the “ABC test.” In light of its previous decision in Metropolitan Water Dist. v. Superior Court, in which the Supreme Court held that public employers are bound by the “common law” test for determining who is an employee, the Dynamex decision poses serious new challenges for public employers and potential liabilities for misclassifying employees as independent contractors. This Sparks session will address the application of the ABC test in a public employment setting and ways to avoid potential liabilities resulting from misclassification. In the likely event the Legislature enacts AB 5, and the Governor signs it into law, this Sparks session will also address the implications for public employers of codifying the ABC test for purposes of defining who is an employee under the Labor and Unemployment Insurance Codes.

    11.21.2019

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    Speaking Engagement

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    Case Studies: Reasonable Accommodations And The Interactive Process

    DATE

    November 21

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss how to determine appropriate reasonable accommodations to provide to disabled employees or employees seeking to return to work after extended leaves of absence continues to be a vexing problem for employers. This session will look at three common scenarios that employers regularly face in this area. You’ll be guided through each scenario focusing on: (1) properly documenting all aspects of a situation; (2) conducting productive IAP meetings; (3) appropriately analyzing reasonable accommodation options; and (4) finally reaching correct decisions with respect to providing reasonable accommodations to qualified individuals with disabilities.

    11.21.2019

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    Speaking Engagement

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    Do I Have To Compensate My Employees For That Time? How Does California Define “Hours Worked?”

    DATE

    November 21

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss decisions like Mendiola v. CPS Security Solutions, Inc. and Morillion v. Royal Packing Co., the California Supreme Court has significantly expanded the definition of compensable hours of work under California law. The Supreme Court is scheduled to take up the issue again this term in a case involving public employers. Understanding what constitutes a compensable hour of work is fundamental to getting answers to all other wage/hour questions right. Whether certain types of activities such as on-call time, call-back time, or time waiting in a security line, constitute compensable activities is a challenging subject and the consequences of getting it wrong can be substantial. In this session you’ll learn about the current state of the law regarding compensable time and how you can navigate this area of law to avoid potential liability.

    11.20.2019

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    Speaking Engagement

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    The Future Of Vested Rights Analysis

    DATE

    November 20

    LOCATION

    Monterey, CA

    OVERVIEW

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on November 18 – 22, 2019 in Monterey. Shareholder David Tyra will discuss the decision in Cal Fire Local 2881 v. California Public Employees’ Retirement System, the California Supreme Court issued the first of several long-awaited decisions on the future of vested rights analysis regarding employee pension and OPEB benefits. These decisions have enormous consequences for public entities as they continue to struggle with the issue of unfunded contingent liabilities and their consequences. In this session, you’ll learn about the current state of the law, and you’ll learn about strategies, including collective bargaining approaches, for modifying or reducing pension and OPEB benefits for employees.

    11.20.2019

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    Speaking Engagement

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    Mini Law School for HR Professionals

    Date

    November 20

    Location

    Sacramento, CA

    OVERVIEW

    At the upcoming National Business Institute seminar, Kronick Shareholder Christopher Onstott will present on the following topics: Employment Law Update and Wage & Benefit Issues.

    10.03.2019

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    Speaking Engagement

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    Human Resource Law from A to Z

    DATE

    October 3

    LOCATION

    Oakland, CA

    OVERVIEW

    At the upcoming National Business Institute seminar, Kronick Shareholder Christopher Onstott will present on the following topics:

    Workplace Privacy and Employee Monitoring

    • Workplace Searches: From Desks to Smartphones
    • Keeping Tabs on Workplace Communication and Computer Use
    • Surveillance of Employees and Workplace Investigations

    Disciplining and Firing Employees

    • Proactive Discipline Policies and Comprehensive Approaches to Discipline
    • Determining When Employee Discharge is Appropriate
    • Using Employee Evaluations to Reduce Liability When Firing Problematic Workers
    • Discharge Letters, Waivers and Releases

    09.17.2019

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    Speaking Engagement

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    Case Studies on Reasonable Accommodations and the Interactive Process

    Date

    September 17 – 11:15am-12:15pm

    Location

    McClellan Conference Center

     

    Overview

    Kronick is pleased to sponsor Sacramento Area Human Resource Association (SAHRA) and to participate in its Annual Conference in Sacramento. Shareholder David Tyra will lead a discussion about determining appropriate reasonable accommodations to provide to disabled employees or employees seeking to return to work after extended leaves of absence continues to be a vexing problem for employers.  This session will look at common scenarios that employers regularly face in this area.  Attendees will be guided through each scenario focusing on such actions as : 1) properly documenting all aspects of a situation, 2) conducting productive IAP meetings, 3) appropriate analyses of reasonable accommodation options, and 4) finally reaching correct decisions with respect to providing reasonable accommodations to qualified individuals with disabilities.

    Registration

    Please visit the event website for more information and to register.

    05.16.2019

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    Speaking Engagement

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    Working With Employee Accommodation Requests Without Feeling Worked Over

    DATE

    Thursday, May 16

    OVERVIEW

    Kronick Shareholder Christopher Onstott will be presenting on “Working With Employee Accommodation Requests Without Feeling Worked Over” at the California Dental Association’s CDA Presents in Anaheim.

    05.07.2019

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    Speaking Engagement

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    Workplace Violence: How to be a Prepared Employer

    DATE

    Tuesday, May 7

    LOCATION

    Sacramento, CA

    OVERVIEW

    Please join David Tyra and Terilynn Diepenbrock at Sacramento Area Human Resource Association’s (SAHRA) Annual Legal Series to learn how to recognize and address potential workplace violence issues during the hiring process, employment tenure and post-termination.

    Topics will include:

    • How to properly vet applicants
    • Implementation of effective policies and procedures
    • What steps to take when things go wrong

    04.03.2019

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    Kronick Breakfast Seminar

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    Workplace Violence: How to be a Prepared Employer

    When

    Wednesday, April 3

    Registration: 8:30 – 9:00 am

    Program: 9:00 – 10:00 am

    Where

    Kronick’s Sacramento Office

    400 Capitol Mall, 27th Floor

    Sacramento, CA 95864

    Overview

    Kronick’s Labor & Employment group is pleased to host quarterly breakfast briefings that focus on key topics essential for employers, management, and HR professionals. Please join us to learn how to recognize and address potential workplace violence issues during the hiring process, employment tenure and post-termination. Terilynn Diepenbrock will provide an overview of the following topics:

    • How to properly vet applicants
    • Implementation of effective policies and procedures
    • What steps to take when things go wrong

    MCLE & HRCI Credit

    Kronick is a State Bar of California MCLE approved provider and this program has been approved for one hour of MCLE credit. In addition, this program is pending approval of HR Certification Institute’s® (HRCI®) credit.

    Download your HRCI Certificate.

    Materials

    Restraining Order Chart

    01.17.2019

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    Speaking Engagement

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    Local Government Law: What Attorneys Need to Know

    DATE: Thursday, January 17, 2019

    TIME: 9:00 AM – 4:30 PM

    ORGANIZED BY:

    National Business Institute (NBI)

    PROGRAM OVERVIEW:

    This NBI seminar will examine the disputes and challenges municipalities are currently faced with and listen as experienced faculty share their strategies and techniques for dealing with them. Kronick Shareholder Christopher Onstott will be presenting on the following topics:

    • HUMAN RESOURCES ISSUES
      • New Developments in Employment Law
      • Conducting Successful Employee Investigations
      • Protecting Your Employees’ Privacy Rights
      • Improving Your Personnel Policies
    • A CURRENT LOOK AT GOVERNMENT IMMUNITY
      • Overview of §1983 Litigation
      • Types of Immunities
      • Common Causes of Action
      • Popular and Effective Defenses
      • The Latest Evidentiary Considerations
    • ETHICS
      • Privileged vs. Public Communications
      • Conflicts of Interest
      • Whistle Blowing: Duty to Report?
      • Representing Clients After Public Service

    REGISTRATION:

    Please visit the event website for more information.

    12.05.2018

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    Speaking Engagement

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    Labor Relations In The Wake Of Janus v. AFSCME

    DATE:

    December 5 – 7

    LOCATION:

    Monterey, CA

    ORGANIZED BY:

    California Public Employers Labor Relations Association (CALPELRA)

    PROGRAM OVERVIEW:

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on December 3-7, 2018 in Monterey. Shareholders David Tyra and Christopher Onstott will discuss the U.S. Supreme Court decision on Janus v. AFSCME. If the Court overrules Abood v. Detroit Board of Education and holds that agency (or “fair share”) fees constitute an unconstitutional violation of First Amendment rights, the decision will portend a major change in California public labor relations. In this session you’ll learn about likely responses to the Janus decision, from further legislative responses of the type already seen (e.g., AB 119 [union access to new hires] and SB 285 [prohibiting public employers from deterring or discouraging union membership]), to the impact on collective bargaining, and to potential legal challenges to the elimination of agency fees. If you’re interested in the seismic shift in labor relations the Janus decision likely represents, you must attend this session.

    REGISTRATION:

    Please visit the event website for more information.

    12.05.2018

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    Speaking Engagement

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    Case Studies In Employee Leaves, Reasonable Accommodation, And The Interactive Process

    DATE:

    December 5 – 7

    LOCATION:

    Monterey, CA

    ORGANIZED BY:

    California Public Employers Labor Relations Association (CALPELRA)

    PROGRAM OVERVIEW:

    Kronick is pleased to again sponsor CALPELRA’s Annual Conference on December 3-7, 2018 in Monterey. Shareholder David Tyra will discuss how to manage leaves in light of the numerous overlapping laws, how to determine appropriate and effective reasonable accommodations (including leaves) for employees who require them to perform the essential functions of their jobs, and how to conduct effective interactive process meetings with employees and their representatives … all these situations present significant challenges for employers. If you have basic knowledge of the various laws providing employees with leave rights – FMLA, CFRA, ADA, workers’ comp, etc. – then in this session you’ll learn about some of the more difficult, complex, and advanced issues arising from employee leaves and reasonable accommodation requests, with a particular emphasis on the overlapping nature of the various applicable laws, and techniques for handling those issues.

    REGISTRATION:

    Please visit the event website for more information.

    11.07.2018

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    Speaking Engagement

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    Employment Law: 2018 Comprehensive Guide

    DATE & LOCATION:

    November 7,  Sacramento, CA

    November 14,  Redding, CA

    ORGANIZED BY:

    National Business Institute (NBI)

    PROGRAM OVERVIEW:

    Kronick Shareholder Christopher Onstott will present on the following topics: 4 Monitoring Employees: Privacy Issues and Employer Risks and 5 Dealing With the Troubled/Troubling Employee.

    REGISTRATION:

    Please visit the event website for more information.

    05.19.2018

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    Speaking Engagement

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    Mistakes to Avoid in Background Investigations & Screening Trends

    DATE:

    May 16-19, 2018

    LOCATION:

    Austin, TX

     

    ORGANIZED BY:

    National Creditors Bar Association

    PROGRAM OVERVIEW:

    Kronick is pleased to again sponsor the Spring Conference of the National Creditors Bar Association. Shareholder Christopher Onstott will participate in a panel discussion about what is really in a criminal record and the source of the information for employment screening. The panel will explore overlapping tools in screening to conduct the best search to avoid negligent screening, and will review cases of missed criminal records that could have
    provided a negative consequence. There are many trending resources to gather information about an applicant, which can sometimes cloud the basic screening tools.

    REGISTRATION:

    Please visit the event website for more information.

    02.26.2018

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    Speaking Engagement

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    What the LOA… Do You Know?

    DATE: Tuesday, February 26

    TIME: 9:00 AM – 12:30 PM

    PROGRAM OVERVIEW:

    Kronick invites you to spend the morning with the experts in the wild world of workplace injuries, disabilities, and leaves of absences. You may wonder, generally, whether anyone really has to come to work anymore. You may wonder, specifically, what it really means to engage in the “interactive process.” Or whether you can stop granting extensions on leaves of absences; how to discipline an employee for misconduct who also has health-related issues; how you manage an employee on intermittent, unforeseen FMLA leave; or how Pregnancy Disability Leave really fits into the mix. Using real situations and case studies, these topics and many others will be discussed in this workshop, including:

    • Overview of the myriad California required leaves of absence
    • Often overlooked regulations for leaves of absences under FMLA & CFRA
    • The interactive process—what’s it all about?
    • Pregnancy Disability Leave
    • Workplace injuries
    • Wage replacement

    SPEAKERS:

    Christopher Onstott, Shareholder at Kronick Moskovitz. Chris focuses on employment litigation and commercial litigation. He has defended employers in employment litigation, including defending against race, sex, and disability discrimination and harassment claims, as well as wage and hour violations.

    Kim Silvers, SPHR, PHRca, SHRM-SCP, HR Consultant with Silvers HR, LLC. Kim has over 25 years’ experience in managing and coaching employers on day to day Human Resources functions. Her firm works with numerous CA employers in the management of and compliance with CA employment laws. She is a sought-after speaker on HR topics and trends.

    REGISTRATION:

    Details coming soon.