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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
Mr. Olmsted is frequently invited to speak to industry groups, human resources organizations, continuing education forums, and private gatherings. Upcoming events are listed on our News and Events Page. Recent speaking engagements include:
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 and 2007.
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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September 2008 Update
FAMILY MEDICAL LEAVE UPDATE: Hospital Visit Should Have Alerted Employer To CFRA Coverage.
California employers covered by the California Family Rights Act (“CFRA”) must promptly respond to employee requests for leave. But what happens when the qualified employee never actually requests leave? A recent California appellate court decision, Avila v. Continental Airlines, says that the employer may still need to grant CFRA protections if the employee provides mere hints of CFRA coverage.
BENEFITS UPDATE: Sick Pay To Remain A Benefit, Not Entitlement---For Now.
Is sick pay an employee entitlement or a benefit? In California, AB 2716, a bill seeking to make sick pay an entitlement that all employers must provide has died in the Senate. But it will be back.
DISABILITY DISCRIMINATION UPDATE: Cal Supreme Court Lets Stand A Key Disability Ruling.
The California Supreme Court denied a petition for review in a case titled Arteaga v. Brink’s Incorporated, letting stand an appellate court ruling that circumscribed the definition of “disability” under California law.
EMPLOYEE AGREEMENTS UPDATE: Common Non-Competition Agreement Provision Now Invalid.
A recent California Supreme Court case, Edwards v. Arthur Anderson, has eliminated one common term of noncompetition agreements. What protections does an employer still have?
CIVIL RIGHTS UPDATE: Religious Beliefs No Defense To Unruh Act Discrimination Claims.
The California Supreme Court recently addressed the issue of employee religious beliefs vs. customer civil rights in a San Diego case titled North Coast Women’s Care Group, Inc. v. Superior Court.
IMMIGRATION LAW UPDATE: ICE Continues Enforcement Trend With Largest Raid Ever.
Federal immigration authorities conducted the largest single-workplace immigration raid in U.S. history on August 25, 2008. Will the employer’s management face criminal charges?
WAGE AND HOUR LAW UPDATE: New Law Modifies Temporary Agency Employee Paydays; Companies Hiring Temps Should Confirm Compliance.
SB 940, effective January 1, 2009, allows staffing agencies to pay temporary employees on regular paydays, rather than at the conclusion of each assignment.
A USERRA UPDATE: Arbitration Agreement Covers USERRA Claim; Will California Courts Follow?
In a federal Sixth District case, Landis v. Pinnacle Eye Care, the court determined that USERRA claims are subject to employee arbitration agreements. Will California follow this rule?
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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 Download Printable Version
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