Speaking Engagements & Announcements

This year, 2024, Traci Hinden was selected to Northern California’s Superlawyers list for Plaintiff’s employment.

This year, 2022, Traci Hinden was selected to Northern California’s Superlawyers list for Plaintiff’s employment.

Ms. Hinden will speak on the Employee Rights perspective of Remote working.
Friday, June 24th at 8:30 A.M. – 9:45 A.M. a group of lawyers in California who represent workers in Workers’ Compensation known as CAAA – California Applicants Attorneys’ Association.

Shelter in place made “home” the new workplace for millions of workers. Panelists will discuss how workers’ compensation case-law has treated this post-Covid societal change.

Don’t miss out on the in-depth practice tips on litigating the “injured working at home case” including wage/hour, employment discrimination, and third party general liability cross-over claims.

Traci Hinden was a solo panelist – When to Get your Clients an Employment Attorney – Presented to the Santa Clara County Chapter of CAAA, November 17, 2021.

This year, 2021, Traci Hinden was selected to the Expertise list for The Top Employment Lawyers of San Francisco

“Law Offices of Traci M. Hinden caters to the legal needs of clients in the Alameda metro. It provides representation in cases involving labor and employment law matters such as harassment, discrimination, retaliation, denial of medical leave or leave to take care of family, failure to provide rest or meal break, and failure to pay overtime. In addition, the firm handles an assortment of other practice areas such as personal injury and workers’ compensation. Its lawyer, Traci M. Hinden, is also a certified mediator”.

This year, 2021, Traci Hinden was selected to Northern California’s Superlawyers list for Plaintiff’s employment.

Enhanced Enforcement and Employer Reporting Requirements (Updated 11/13/2020)
Assembly Bill 685 (Reyes) enhances Cal/OSHA’s enforcement of COVID-19 infection prevention requirements by allowing for Orders Prohibiting Use and citations for serious violations related to COVID-19 to be issued more quickly. The law also requires employers to notify all employees who were at a worksite of all potential exposures to COVID-19 and notify the local public health agency of outbreaks.

1. What did Assembly Bill 685 change?
   Assembly Bill 685 made permanent and temporary changes, that include:
   • Employers are required to notify all employees at a worksite of potential exposures, COVID-19-related benefits and protections, and disinfection and safety measures that will be taken at the worksite in response to the potential exposure.
   • Employers are required to notify local public health agencies of all workplace outbreaks, which are defined as three or more laboratory-confirmed cases of COVID-19 among employees who live in different households within a two-week period.
   • From January 1, 2021 until January 1, 2023, Cal/OSHA can issue an Order Prohibiting Use (OPU) to shut down an entire worksite or a specific worksite area that exposes employees to an imminent hazard related to COVID-19.
   • From January 1, 2021 until January 1, 2023, Cal/OSHA can issue citations for serious violations related to COVID-19 without giving employers 15-day notice before issuance.
2. What is an Order Prohibiting Use (OPU)?
   An OPU allows Cal/OSHA to protect workers from an imminent hazard by prohibiting entry into a place of employment or prohibiting the use of something in a place of employment which constitutes an imminent hazard.An imminent hazard is defined as any condition or practice which poses a hazard to employees, which could reasonably be expected to cause death or serious physical harm immediately, or before the imminence of such hazard can be eliminated through normal enforcement procedures.
3. What changed about Cal/OSHA’s authority to issue OPUs related to COVID-19?
   From January 1, 2021 until January 1, 2023, Cal/OSHA can shut down an entire worksite or specific worksite area that exposes employees to an imminent hazard related to COVID-19 infection. Cal/OSHA can exercise its authority at any place of employment where risk of exposure to COVID-19 constitutes an imminent hazard, and would remove employees from the risk of harm until the employer can effectively address the hazard.
4. What is a citation for a serious violation and why does it take longer to issue?
   Cal/OSHA’s inspections may result in citations with monetary penalties. The citations classify each violation based on the severity of the hazard. Citations are classified as serious when Cal/OSHA demonstrates there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation.Prior to AB 685, when Cal/OSHA planned to issue citations for a serious violation, it would first provide a form to the employer with at least 15 days of notice prior to issuing a citation with a serious violation.
5. What changed about how Cal/OSHA can issue citations for a serious violation related to COVID-19?
   From January 1, 2021 until January 1, 2023, Cal/OSHA can more quickly issue citations for serious violations related to COVID-19. AB 685 removed the possibility of a negative inference being drawn if Cal/OSHA does not send a pre-citation notice to the employer at least 15 days prior to issuing a citation for a serious violation related to COVID-19.
6. Whom must employers now notify of their potential exposure to COVID-19?
   The law now clearly states that employers must provide a written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the person who was infectious with COVID-19 or who was subject to a COVID-19-related quarantine order.After becoming aware of a potential exposure because someone at the worksite was infectious with COVID-19 or is ordered by a public health official to isolate due to COVID-19 concerns, employers must immediately (within one business day) provide the written notice to the employees and the employers of subcontracted employees.
7. What must employers notify workers of when informing them of their potential exposure?
   The law requires an employer to notify employees, and employers of subcontracted employees, of their potential exposure and provide them with certain information regarding COVID-19-related benefits and options. Employers must also notify employees and employers of subcontracted employees of the disinfection and safety plan that the employer plans to implement and complete per the guidelines of the federal Centers for Disease Control and Prevention.
8. What is a workplace outbreak of COVID-19?
   The California Department of Public Health defines an outbreak in non-healthcare or non-residential congregate setting workplaces as three or more laboratory-confirmed cases of COVID-19 among employees who live in different households within a two-week period.
9. How do employers have to report outbreaks?
   Employers must notify local public health agencies of outbreaks within 48 hours of becoming aware of the number of cases that meets the definition of an outbreak. The employer must notify the local public health agency in the jurisdiction of the worksite of the names, phone number, occupation, and worksite of employees who may have COVID-19 or who are under a COVID-19 isolation order from a public health official. Employers must also report the business address and NAICS industry code of the worksite where the infected or quarantined individuals work. An employer that has an outbreak subject to these provisions must continue to give notice to the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the worksite.

My employer says I am an independent contractor, is that true?

The law is now a little more complicated after Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex) and the passage of AB 5, in 2019 which made that case more expansive and then carved out various occupations. There are now three parts which all must be met for an employer to prove that a person is an independent contractor. (Unless you are worker affected by the passage of Prop 22, that became effective 1/1/2021- more below).

(A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
(B) The person performs work that is outside the usual course of the hiring entity’s business.
(C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

The text of the law tells you if your profession has an exception to the above three items that must be met to be an independent contractor. AB-5 Worker status: employees and independent contractors

We encourage you to review as there are many that were carved out.

Others are now predetermined to be independent contractors after the passage of Proposition 22. This was the ballot initiative paid for by Uber, Lyft, Instacart and other big tech delivery/driver systems. California has now spoken and see if you are one of those that will no longer be called a worker but rather an independent contractor.

An outbreak of respiratory illness caused by a new coronavirus (COVID-19) has been identified starting in Wuhan, China. There is no evidence of widespread transmission of COVID-19 in California at this time. While investigations to learn more about the virus are ongoing, workers and employers should review their health and safety procedures to help prevent exposure to the virus.

In the face of the coronavirus, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. What employees are entitled to may be confusing. We are trying to make it easier and spread awareness through this centralized source of info. Use the guidance below to determine what is best for you, your family, and your workplace.

Information for Workers

1. Support Services for Workers
   • Summary Chart: Benefit for Workers Impacted by COVID-19
   • Coronavirus Disease (COVID-19) – FAQs on laws enforced by the California Labor Commissioner’s Office
   • Paid Sick Leave
   • Information on Disability Insurance (DI), Paid Family Leave (PFL), and Unemployment Insurance (UI).
   • Support Services for those who are Sick or Quarantined, Caregiving, or Dealing with Reduced Work Hours.
2. Interim Guidance for Protecting Health Care Workers
   • Guidance for hospital and laboratory workers on preventing exposure to coronavirus
   • Guidance for health care facilities on the efficient use of respirator supplies
3. Interim Guidelines for Protecting Workers in General Industry
   • Cal/OSHA Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19)

Employer Resources

1. Employer Assistance
   • Reduced Work Hours, Potential Closure or Layoffs, and Tax Assistance
   • Work Sharing Program
   • Guidance on Requirements to Protect Workers from Coronavirus
     • Workplace safety and health regulations in California require employers to protect workers exposed to airborne infectious diseases such as the coronavirus. Cal/OSHA has posted guidance to help employers comply with these safety requirements and to provide workers information on how to protect themselves.To protect workers and prevent exposure to the virus, employers must develop and maintain the required programs and plans for their facility or operation. Cal/OSHA recommends the interim guidance, educational materials and model programs and plans below be reviewed with an employer’s existing procedures to ensure that workers are protected.
2. Interim Guidance for Protecting Health Care Workers
   • Guidance for hospital and laboratory workers on preventing exposure to coronavirus
   • Guidance for health care facilities on the efficient use of respirator supplies
3. Interim Guidelines for Protecting Workers in General Industry
   • Cal/OSHA Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19)
4. Educational Materials and Fact Sheets
   • Safety & Health Fact Sheet | Aerosol Transmissible Diseases (PDF)
   • The California Workplace Guide to Aerosol Transmissible Diseases (PDF)
5. Model Written Plans and Programs
   • Aerosol Transmissible Diseases Model Exposure Control Plan (Word)
   • Aerosol Transmissible Diseases Model Laboratory Biosafety Plan (Word)
   • Aerosol Transmissible Diseases Referring Employer Model Written Program (Word)
6. Other Resources
   • FAQs on laws enforced by the California Labor Commissioner’s Office
   • CDPH webpage on Coronavirus Disease 2019 (COVID-19)
   • CDC webpage on Coronavirus Disease 2019 (COVID-19)
   • Federal OSHA webpage on COVID-19
   • COVID-19 Prevention Tips Graphic (PNG) (PDF)

October 2019, in conjunction with the Labor and Employment Law Section of the California Lawyers Association, Traci Hinden spoke with KALW regarding what NOT To Do in the Workplace.

September 2019, Traci Hinden spoke with YLR Host, Jeff Hayden, regarding employment rights after a workplace injury.

January 2018, Traci Hinden spoke with The Recorder regarding California Employers’ rights regarding weed in the workplace.

May 2017, Traci Hinden spoke at the California Orthopaedic Association’s Annual Conference on: How to Stay Out of Trouble and Keep Your QME Certification!

September 2016, Traci Hinden was the moderator on a panel for the California Employment Lawyers Association called “Prosecuting and Prevailing in a Failure to Accommodate Case”.

May 2016, Traci Hinden was speaker on the Panel for California Orthopaedic Association on panel entitled: “QME Medical Ethics: How to stay out of Trouble.”

Panelist at WILG on employment and workers’ compensation crossover “Identifying Employment issues in your Workers Comp cases. How WC and Employment lawyers can work together.”

Traci Hinden was a panelist for State Bar of California’s 32nd Annual Meeting & Conference, program entitled “Traps for the Unwary: Top 10 Trickiest Issues in Litigating Disability Cases”.

Traci Hinden and DWC Prosecutor, were on another panel for CSIMS- entitled “Medical Ethics.”

March 2015, Traci Hinden was panelist with DWC Prosecutor, Winslow West, Esq for a CSIMS panel entitled “Avoiding the “Wall of Shame”.

Panelist on CEB’s Strategic Tips for Compelling Discovery Responses

Panelist on CELA’s “Marketing Your Law Practice”

Panelist on- CAAA’s “Employers’ concerns post SB 863” a crossover panel between Worker’s Compensation and Employment Law.

Presentation to CAAA East Bay Chapter on Employment Law Crossovers with Workers Compensation.

Employee Rights Presenter to CAAA’s East Bay Chapter

June 23, 2013 Traci M. Hinden spoke at CSIMS on Crossover area of Workers compensation & Employment law- At Mid Summer Seminar Called- Create your own Wave- Workers’ Comp doesn’t operate in a vacuum. after you’ve written your report, what happens to it? A discussion of interesting topics including future medical treatment, DFEC, Medicare Set asides, FEHA issues