Christopher Olmsted

Christopher Olmsted

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


Filing of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court

It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against...more

11/13/2015 - Labor Code Protected Concerted Activity Retaliation Whistleblower Protection Policies Wrongful Termination

California Court Deems Truck Drivers Employees, Not Independent Contractors

Companies that classify workers as independent contractors are facing increasing scrutiny in court and before administrative agencies. A recent unpublished California Court of Appeal decision in a case titled Garcia v. Seacon...more

10/30/2015 - Commercial Truck Drivers Employer Liability Issues Independent Contractors Labor Code Labor Commissioners Misclassification Trucking Industry

California Governor Signs Gender Wage Equality Law

The California Fair Pay Act (FPA), a state law that codifies the principle that an employee is entitled to equal pay for equal work without regard to gender, has been amended with the passage of Senate Bill 358 (SB 358),...more

10/8/2015 - Best Practices Equal Pay Equal Pay Act Fair Pay Act Wage and Hour

California Minimum Wage Bill Stalls in Legislature

A controversial bill to increase California’s minimum wage has failed to pass in the state legislature. The bill would have phased in a $3.00 per hour increase to the minimum wage rate and also would have imposed annual cost...more

9/1/2015 - Minimum Wage Proposed Legislation Wage and Hour

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

8/24/2015 - California Family Rights Act (CFRA) Disability FEHA FMLA Hiring & Firing Leave of Absence Performance Reviews Reasonable Accommodation Supervisors Sutter Health Work-Induced Stress

California Amends FEHA, Protecting Accommodation Requests

On July 16, 2015, California’s Governor Jerry Brown signed a bill amending the California Fair Employment and Housing Act (FEHA), adding protections for workers who request accommodations for disabilities or religious...more

8/19/2015 - Amended Regulation Best Management Practices Disability Employer Liability Issues FEHA Jerry Brown Protected Activity Reasonable Accommodation Religious Accommodation Retaliation

California Governor Signs Paid Sick Leave Amendment—Effective Immediately

California Governor Brown signed legislation on July 13, 2015 that aims to clarify and improve California’s new paid sick leave law that requires employers to offer employees 3 days or 24 hours of paid sick leave per year as...more

7/15/2015 - Amended Legislation Employee Rights Employment Policies Healthy Workplaces Healthy Families Act 2014 Jerry Brown Sick Leave

Tips for Lawfully Hiring Teenagers for Summer Jobs

Summer is almost here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies that hire teenagers should be aware that state and federal law restricts the employment of minors or “child labor.”...more

6/9/2015 - Child Labor Education Code Hiring & Firing Minors School Districts Wage and Hour Work Permits

California Legislature To Cure Sick Pay

Mere weeks before sick pay becomes mandatory in California, the state legislature is racing to cure what is ailing employers. Beginning on July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will...more

6/5/2015 - Accrual Requirements Healthy Families Act Healthy Workplace Act PTO Sick Leave Sick Pay

Ten Tips To Comply With California’s Upcoming Sick Pay Mandate

Mandatory sick pay is coming to California in less than 60 days. Beginning July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to nearly every...more

5/21/2015 - Anti-Retaliation Provisions Healthy Families Act Healthy Workplace Act Notice Requirements PTO Sick Pay

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

5/4/2015 - Age Discrimination Appeals Best Management Practices Discrimination Employer Liability Issues FEHA Hiring & Firing Involuntary Reduction in Force

California Labor Commissioner Revises Sick Pay Notice Obligation

As the July 1, 2015 deadline for employers to implement California’s new paid sick leave law approaches, employers are finding a number of ambiguities in the law that make it challenging to implement. The Office of the Labor...more

2/25/2015 - Healthy Workplace Act Paid Leave Paid Sick Leave Act Sick Leave Wages

New Year’s Resolutions for the California HR Manager

So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human...more

1/19/2015 - Arbitration Bring Your Own Device Bullying Class Action Arbitration Waivers Employer Liability Issues Human Resources Professionals Iskanian Reimbursements Sales Commissions Sick Leave Wage and Hour Workplace Bullying

California Supreme Court Denies Review of Cell Phone Reimbursement Case

The California Supreme Court has denied a petition to review Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014). As a result of the...more

12/3/2014 - Appeals Bring Your Own Device Cell Phones Corporate Counsel Employer Liability Issues Petitions for Review Popular Reimbursements

California Labor Agency Publishes Sick Pay Poster and Wage Notice

California’s Division of Labor Standards Enforcement (DLSE) has published a poster and wage notice for employers to use in compliance with AB 1522, California’s new mandatory sick pay law. On September 10, 2014,...more

12/3/2014 - DLSE Paid Leave Posting Requirements Sick Leave Wage and Hour

FAQs on California’s Paid Sick Leave Law

On September 10, 2014, Governor Jerry Brown signed the Healthy Workplaces, Healthy Families Act of 2014. The Act requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked...more

11/11/2014 - Employee Rights New Legislation Paid Leave Sick Leave

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

10/31/2014 - Child Labor Civil Rights Act Discrimination Employer Liability Issues Farm Workers Health Insurance Independent Contractors Jerry Brown Minimum Wage New Legislation Paid Leave Retaliation Same-Sex Marriage Sick Leave Staffing Agencies Training Undocumented Immigrants Unemployment Benefits Unpaid Interns

Tips for Taking Advantage of California’s Extended Unemployment Appeal Deadline

Busy human resources (HR) managers will be relieved to know that California has done something to make their job just a little easier. The State of California recently enacted legislation extending the time period to appeal...more

10/27/2014 - Appeals EDD Former Employee Hiring & Firing Human Resources Professionals Time Extensions Unemployment Benefits Unemployment Compensation System

San Diego Minimum Wage Ordinance Put On Ice

San Diego’s hotly contested minimum wage ordinance has been put on ice until at least 2016. The City Council approved the ordinance in July and then later overrode the mayor’s veto. A petition drive by San Diego business...more

10/20/2014 - Ballot Measures Local Ordinance Minimum Wage San Diego

Bullying in the Workplace: California’s New Training Requirement

Everyone remembers a bully in junior high school. She might have been the mean girl who told others not to be your friend, or the brute who inflicted his cruelty with wedgies and half nelsons. Sadly, some people never...more

10/13/2014 - Bullying Training Workplace Bullying

California Legislative Update: September 2014

In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On...more

10/2/2014 - Employee Rights Employer Liability Issues Harassment Independent Contractors Internships Misclassification Paid Leave Sick Leave Unpaid Interns

California Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement

When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what...more

9/3/2014 - Appeals Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Employer Liability Issues Race Discrimination

Employer Required to Reimburse Employees for Personal Cell Phone Use Despite Unlimited Minutes Plans

Cell phones are ubiquitous. At some companies, employees use their personal phones to make business calls. Does an employer need to “pay” for that use of the phone, even if the employee did not incur any extra expenses for...more

8/22/2014 - Bring Your Own Device Cell Phones Employer Liability Issues Out-of-Pocket Expenses Reimbursements

Back to School! Employers: Are You Ready for School-Related Leave for Parents?

The lazy days of summer are behind us this month as many children head back to school. Employers of parents with school-aged children should review California’s laws, which provide certain rights to employees to take time off...more

8/19/2014 - Paid Leave Unpaid Leave

San Diego City Council Approves Minimum Wage Increase and Sick Pay Ordinance

The San Diego City Council recently approved an ordinance raising the city’s minimum wage to $11.50 per hour by 2017. This wage increase will take effect incrementally over a three-year period, putting San Diego ahead of...more

8/1/2014 - Minimum Wage New Regulations Sick Leave Wage and Hour

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