BERNADETTE M. O’BRIEN

Bernadette M. O’Brien is a Partner at Floyd Skeren Manukian Langevin, LLP, managing attorney of the Employment Law Department, and an SPHR certified Human Resources Consultant.

Ms. O’Brien represents employers in employment related disputes before the California Civil Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC), and the California Labor Commissioner, including claims related to discrimination, harassment, retaliation, and wage and hour violations. Ms. O’Brien also provides HR consultation to employers, human resource administrators, and risk managers on a myriad of HR topics including compliance with federal, state and local employment related laws; EEO compliance; AB 1825 Sexual Harassment training; managing leaves of absence pursuant to FMLA/CFRA, PDL and paid sick time; disability, accommodation and the interactive process; and performance, discipline and termination. Ms. O’Brien also conducts management and employee training sessions throughout California on numerous workplace topics.

Ms. O’Brien is author of the LexisNexis publication Labor and Employment in California: A Guide to Employment Laws, Regulations and Practices, co-author of California Leave Law: A Practical Guide for Employers, and co-author of California Unemployment Insurance and Disability Compensation Programs. She is also editor of Floyd Skeren Manukian Langevin’s employment related websites: www.employmentlawweekly.com and www.floydskerenhrtraining.com.

Ms. O’Brien has been a speaker on a variety of employment law topics for numerous organizations including PARMA, CalPelra, CWC, Ag-Safe, EAC, Northern California Workers’ Comp Forum, Intercare, National Interstate Insurance, CASBO, PIHRA, Strafford Webinars and the Employer’s Fraud Task Force. You can reach Bernadette O’Brien at bernadette.obrien@floydskerenlaw.com or Work: (818) 206-9222.

Publications:

Treatises

California Leave Law: A Practical Guide for Employers;

Labor and Employment in California: A Guide to Employment Laws, Regulations and Practices;

California Unemployment Insurance and Disability Compensation Programs.

Articles

“Employers Beware: A 100% WC Permanent Disability Rating Does Not Mean an Employee Cannot Work.”

“Who is Liable for Injuries Sustained by an Independent Contractor’s Employee as a Result of a Lapse in Workplace Safety Requirements—The ‘Hirer’ or the Independent Contractor.”

“California Appellate Court Addresses a Key Question Linked to Both Immigration and Employment Law: May an Undocumented Worker Pursue a Discrimination Claim Based on a Refusal to Hire/Rehire.”

“The U.S. Department of Labor and the State of California Join Force to Crack Down on Employers: Avoid the Pitfalls of Employee Misclassification.”

“Ninth Circuit Provides Important Guidance for Employers on When Attendance Constitutes an Essential Function of the Job.”