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Practice Areas:
Business Law and Civil Litigation
Areas of Emphasis:
Employment Law Compliance and Litigation
Bar Admissions:
California, 1994
California District Court, Central and Southern Districts of California
U.S. Court of Appeals, Ninth Circuit
Education:
J.D., Loyola Law School, 1994
B.A., University of California, Berkeley, 1991
Experience:
Mr. Olmsted is an attorney practicing in San Diego and throughout California in the areas of employment law and business litigation.
Mr. Olmsted's employment law compliance and litigation experience includes: FEHA and Title VII claims regarding race, gender, age, religion, national origin, sexual orientation, disability, pregnancy and sexual harassment; California CFRA and federal FMLA; federal ADA and ADEA; False Claim and whistle blowing actions; public policy violations and other wrongful termination claims; ERISA; wage and hour claims; independent contractor misclassification claims; class actions; misappropriation of trade secrets; Labor Commissioner claims (Department of Industrial Relations, Division of Labor Standards Enforcement claims), EDD and Unemployment Insurance claims.
Mr. Olmsted regularly consults with clients regarding employment law compliance, and also provides training to management and staff, as well as other attorneys.
For more information on the employment law practice, visit our Employment and Labor Law Practice page.
Mr. Olmsted’s business litigation experience includes commercial law/Uniform Commercial Code disputes, breach of contract, misappropriation of trade secret claims, unfair business practices/Business & Professions Code 17200 claims, real estate disputes, construction claims, insurance defense, and a variety of other business disputes.
Mr. Olmsted has represented clients in state and federal jury and bench trials, judicial and contractual arbitrations, and administrative law hearings. Mr. Olmsted also has significant experience representing clients on appeals before California and federal courts of appeal
Mr. Olmsted is a member of: San Diego Regional Chamber of Commerce, Legal Committee and Small Business Advocacy Committee, Association of Business Trial Lawyers, California Bar Employment Law Section, and the San Diego County Bar Association Insurance Section.
Recent Speaking Engagements
As a San Diego employment law attorney, Mr. Olmsted is frequently invited to speak to industry groups, human resources organizations, continuing education forums, and private gatherings in southern California and other regions. Upcoming events are listed on our News and Events Page. Recent speaking engagements include:
2010 Legal Update For Employers, PIHRA, Temecula, CA January 2010.
ADA Employment Law Issues For Employers, Sterling Educational Services, San Diego, January 2010.
Employment Law For Human Resources Professionals, Instructor for Cal State San Marcos Temecula Campus, October 2009 through December 2009.
Employment Law Update, American Payroll Association, October 2009.
Terminations of Employees While on Protected Leaves of Absence, Teleconference May 2009.
Pregnancy Discrimination and Leaves of Absence Under Federal And California Law, Teleconference April 2009.
COBRA Obligations Under ARRA, March 23, 2009.
Advanced FMLA Strategies, March 20, 2009.
2009 Employment Law Update, Inland Empire SHRM, February 20, 2009.
Workplace Investigations, December 12, 2008.
Electronic Monitoring in the California Workplace: How to Keep Tabs on Your Employees Without Breaking the Law, Telephonic audio conference, September 2008.
Strategies For Keeping The EEOC/DFEH Away & What To Do If They Show Up, San Diego, CA July 2008.
Employer Compliance With COBRA, CalCOBRA and Interaction With Medicare, San Diego, CA June 2008.
Sexual Harassment Law: Recent Trends and Developments, San Diego, CA May 29, 2008.
Layoffs and Terminations For The Construction Industry: How To Avoid Getting Sued, Engineers and General Contractors Association, San Diego Chapter, May 2008.
Avoiding Independent Contractor Misclassification Claims, San Diego, CA May 2008.
Employer's Essential Legal Update for 2008, American Payroll Association, San Diego Chapter, February 2008.
California Employment Law Trends and Developments, CalCPA Litigation Section, October 2, 2007.
Problematic Employee Behavior: What To Do If Workplace Misconduct Is Caused By An ADA or FEHA Disability?, North County Personnel Association (NCPA), September 12, 2007.
California Employment Law From A to Z, Lorman Educational Services Seminar, San Diego, CA, June 21, 2007.
Workplace Investigations, presented to East County Personnel Association (ECPA) on May 17, 2007, sponsored by The Baron Center.
Employee Discipline and Termination, San Diego Business Resources Group, San Diego, CA, April 2007
How to Avoid Getting Sued: Wage and Hour Issues for the Construction Trade Engineers and General Contractors Association (EGCA) San Diego, CA, February 2007.
Speaker regarding California and Federal Employee Leaves of Absences, Lorman Educational Services Seminar, San Diego, CA, in 2003, 2004, 2005, 2006, 2007 and 2008.
Human Resource Policies that Prevent Lawsuits, National Business Institute, San Diego, CA, September 15, 2006.
California Wage and Hour Law, San Diego, CA, July 6, 2006.
Protecting Company Trade Secrets and Other Confidential Information in California, San Diego, CA, March 22, 2006.
Firm-sponsored seminar on Employment Law: Hiring Do's and Dont's, San Diego, CA, January 5, 2006.
Firm-sponsored seminar on Employment Law: Using Workplace Policies To Minimize Liability, San Diego, CA, February 2, 2006.
Speaker regarding Assessing Your HR Policies and Practices In California, Lorman Education Services Seminar, San Diego, CA, February 9, 2006.
Speaker on "Hiring to Separation: A Soup to Nuts Guide in California" May 26, 2005 and May 24, 2006.
Speakers on "California Wage and Hour Laws and FLSA Update" Oct 7, 2004.
Speaker on “The Nuts & Bolts of Prevailing Wage Law” for the Engineering General Contractor’s Society, San Diego, December 2, 2003.
Speaker on “How to Litigate Your First Civil Trial in California,” National Business Institute, San Diego, CA, 2003.
“Discovery Skills For Legal Staff in California,” San Diego, CA, 2006.
Firm-sponsored seminar on Employment Law: Avoiding Liability in the Hiring Process, San Diego, CA, March 27, 2003.
Speaker regarding Employment Issues for the Construction Trade, Lorman Educational Services Seminar, San Diego, CA July 20, 2002.
Speaker on Legal Updates for the San Diego Insurance Adjuster's Association (SDIAA), Review of interesting legal developments affecting casualty insurance in California, San Diego, CA, February 12, 2004.
Reference Handout
Future Seminars: See our News and Events Page for upcoming seminars.
Need a Speaker? Mr. Olmsted is available for "HR" human resources and employment law presentations. Contact him at cwo@barkerolmsted.com to check his availability.
Pro-Bono Activities:
- Westwind Brass, Board of Directors member
- Jenna Druck Foundation, Board of Directors member
- San Diego Volunteer Lawyer Program – Domestic Violence Clinic
- San Diego Volunteer Lawyer Program – Disaster Relief Assistance
Articles:
Please visit our News and Events page for recent articles included in the firm's Legal Update publication. On the News and Events page, you may also sign up for our complimentary monthly publication.
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February 2010 Legal Update
Wrongful Termination Update Employee Protected From Termination After Making False Overtime Claim
An employee claims that he worked overtime, but an investigation reveals that his claim is false. The employee claims he made a mistake, but the company concludes otherwise. He should be terminated, right? Not so fast. California law might offer protection to such an employee. In a case titled Barbosa v. Impco Technologies, a California appellate court found that complaining about missing overtime can be a protected activity, and that firing the complainer may be a wrongful termination.
Discrimination Law Update: Hotel Chain Guilty of Sex Discrimination For Firing Homely Clerk
Are ugly people protected by law? They might be, if an employment decision is made based on sex stereotypes. While reasonable grooming and dress standards may be appropriate, standards that are dependent on stereotypical views of sexual attraction, or unduly burden one gender more than the other, may violate state and federal anti-discrimination laws. In an Eighth Circuit federal case titled Lewis v. Heartland Inns of America, the court examined this issue.
Federal Agency Employment Law Update
The government has published updated model forms for the recently extended COBRA subsidy. The EEOC has published new discrimination statistics showing increased claims in certain categories. The IRS has decreased the mileage reimbursement rate.
Download the entire February 2010 Legal Update in PDF format: |
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Legal_Update_February_2010.pdf |
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November 2009 Legal Update
Pregnancy Discrimination Update: Trial Court Erred By Barring Important Employer Defense To Discrimination
What is a “mixed motives” defense? Lawyers often refer to this defense in the context of discrimination cases, and it is important for employers to understand this legal concept when making personnel decisions. A recent California case titled Harris v. City of Santa Monica turns on this defense. An appellate court has ruled that the trial court erred by refusing to instruct the jury on the mixed motives defense.
California Labor And Employment Legislation Fizzles In 2009
The California legislature proposed a number of new labor and employment laws in 2009. However, as the politicians battled through a major budget meltdown, the bills either stalled in committee or were vetoed by the governor. This article provides a summary of the more significant ones—it’s worth reviewing them because they may well come back in 2010.
GINA Becomes Effective In November; EEOC Publishes New Poster
The Genetic Information Nondiscrimination Act (“GINA”) becomes effective this month, on November 21, 2009. Review the EEOC’s FAQs regarding the new law, and be sure to download the new poster referenced in this article.
Grocer Liable After Uninformed Supervisor Fails To Provide Accommodation To Disabled Employee
When an employer grants a reasonable accommodation to a disabled employee, what happens if an uninformed supervisor later fails to provide that accommodation? In a recent California case titled A.M. v. Albertsons LLC, that very thing happened, and the employer was held liable for failing to provide an accommodation. The case offers important lessons for employers who offer accommodations to disabled employees.
Download the entire November 2009 Legal Update in PDF format: |
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Legal_Update_November_2009.pdf |
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September 2009 Legal Update
Privacy Law Update: Cal Supreme Court Approves Workplace Video Monitoring.
Employers with good intentions of keeping the workplace safe and secure have the means at their disposal to keep tabs on employees. Gadgets once relegated to 007 films are available to monitor a worker's every move. However, as one employer recently learned in the case Hernandez v. Hillsides, Inc., such efforts may collide with an employee's right to privacy.
Wage and Hour Update: Travel Time Not Compensable; But After Hours Data Upload Should Be Paid.
As a general matter, employees are not compensated for regular commute time. But sometimes the line between commuting and “on the clock” driving may be hard to define. Moreover, it is not always clear whether an employee must be compensated for performing minor tasks before or after shifts. A recent case titled Rutti v. LoJack provides a good example of just how fuzzy the line can be.
Pregnancy Discrimination Update: Sea Captain Unlawfully Terminates Pregnant Shipmate.
Neither California law nor federal law offers special protection to pregnant employees from termination due to poor performance or from reductions in force. However, where pregnancy is the motivating factor for termination, the adverse action is unlawful. In a case titled SASCO Electric Co. v. California Department of Fair Employment and Housing, the layoff of a pregnant employee was ruled to be unlawful.
Anti-Retaliation Law: Sarbox Whistleblowers.
The Sarbanes-Oxley Act of 2002, sometimes called Sarbox or SOX, is a federal law enacted in 2002, as a reaction to a number of major corporate and accounting scandals including Enron and WorldCom. The statute includes whistleblowing protection for employees who raise concerns about certain financial and accounting issues. In a recent Ninth Circuit case titled Van Asdale v. International Game Technology, the court examined the whistleblowing provisions and examined its nuances.
Wage and Hour Review: Should Your Volunteer Student Interns Be Paid? Avoiding State and Federal Wage Liability.
A college student contacts the manager of your marketing department and inquires whether she may volunteer as a student intern for the fall semester. She is an upperclassman majoring in journalism and she is familiar with your design software. She could really help with the backlog of work in the department, including filing, some bookkeeping, and a little bit of writing. You can’t beat the price. Should you take her up on her offer? Before hiring a volunteer student intern, consider state and federal law. If the criteria described in this article are not met, you are required to pay the student at least minimum wage.
Download the entire newsletter in PDF format:
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Legal_Update_September_2009.pdf |
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Wage and Hour Update: Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed
The U.S. Department of Labor recently issued an opinion letter on the topic of pro-rated salaries for exempt employees. Click here: Salary Proration. |
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Sexual Harassment Update
In a recent unpublished California appellate court case, Orlando v. Alarm One, Inc., the court examined this question: is spanking employees sexual harassment? The answer has implications of general application, so read on even if you work in a spank-free environment.Click here: Sexual Harassment: Spanking. |
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Cal Supreme Court Sets High Standard For Enforcement Of Class Action Waivers
A long-awaited ruling regarding class action waivers may cause employers to redraft their arbitration agreements. Click here: Class Action Waivers. |
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Well-Documented Misconduct Investigation Helps Defeat Discrimination Lawsuit.
Some employees terminated for cause will claim that the employer devised trumped up charges as a means to discriminate. Find out how one employer defeated the claim. Click Here. |
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Vacation Policies Must Not Single Out Workers Comp Claimants
Employers must not discriminate against workers with industrial injuries. Well-meaning employee handbook policies may inadvertantly violate Labor Code section 132a. A recent case illustrates how vacation policies can create such discrimination claims. Click here. |
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Drug Company Discriminates But Dodges Harassment.
California court articulates difference between discrimination and harassment, saving the employer millions. Roby v. McKesson HBOC. Click here.
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Court Applies State And Federal Retaliation Standard to L.A. DWP.
California court applies the new state and federal retaliation standard, finding that an employee stated a valid claim. Taylor v. City of Los Angeles DWP. Click here. |
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1099 vs. W-2? Employer Faces Hefty Fine for Misclassifying Employees as Independent Contractors.
When a company misclassifies workers as independent contractors, the EDD and other government agencies may take action. JKH Enterprises, Inc. v. Department of Industrial Relations. Click Here for Article. |
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Apparel Maker Defeats Employee's FMLA Lawsuit.
When may an employer termination of a non-performing employee who is exercising FMLA or CFRA rights? Neisendorf v. Levi Strauss & Co Click Here for Article. |
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Albertsons Employees Class Action Denied.
Employee class actions based on wage and hour claims such as exempt/non-exempt classifications can be defeated at the class certification stage of procedings. Dunbar v. Albertson’s Inc. Click Here for Article. |
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Cal Supreme Court Enforces Poorly Worded At-Will Agreement
Use of At Will agreements are a fundamental employment law practice. What is the proper wording for at will agreements? Dore v. Arnold Worldwide, Inc. Click Here for Article |
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DLSE Authorizes Partial Day Vacation Deductions for Exempt Employees
The exempt classification can be lost where employees are improperly docked salary or vacation. What is the new rule regarding vacation deductions for exempt employees? Click Here for Article September 2006 |
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Client Update: No Duty to Transform Temporary Light-Duty Position Into Permanent Position by Christopher W. Olmsted
"Common Business Contract Provision Voided by Supreme Court" by Christopher W. Olmsted
"Designation of AAA in Employee Arbitration Agreement Can Backfire" by: Christopher W. Olmsted
"California Supreme Court Preserves Status Quo Uncertainty Regarding Charter City Exemption from Prevailing Wages" by: Christopher W. Olmsted
“Legislature Doubles Labor Code Fine for Contracting with Unlicensed Contractor,” by Christopher W. Olmsted
“Are your Employment Arbitration Agreements Still Enforceable?” by Christopher W. Olmsted
“Legislative Update: Labor Code Private Attorneys General Act,” by Christopher W. Olmsted
“What to do in the First 30 Days After Being Sued,” by Christopher W. Olmsted
- Standard Industries v. Matrix Industries, Case Summary listed in Daily Journal Extra, Contracts - Breach of Contract, Construction
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