Employment Practices Counseling
We recognize usually the best legal strategy is preventing employment litigation. We counsel businesses about: personnel decisions, the latest court cases, statutory and regulatory requirements and legal trends. We help businesses comply with state and federal laws and avoid unnecessary litigation.
We also develop management training programs and employee education programs, create effective employee manuals, and implement union avoidance strategies.
We have significant experience providing legal counseling on important personnel issues:
- Drafting employee handbooks, personnel policies, manuals and employment contracts
- Effective and lawful hiring processes, including interviews and background checks
- Overtime classification, wage payment practices and compliance with California and federal wage and hour laws
- Investigation and remedy of illegal harassment allegations
- Proper selection and processing of workforce reductions
- Structuring and implementing voluntary early retirement and downsizing programs
- Discipline, discharge and severance
- Protection of trade secrets as employees depart, and avoidance of litigation when hiring employees from competitors
- Legal obligations in granting leaves of absence and accommodating disabilities, balanced against the employer's ability to regulate attendance and performance
- Investigations of workplace violence and establishment of appropriate protective measures
- Employee privacy protections
Training and Education Programs
We provide training and educational programs for senior management, human resources professionals, in-house lawyers and other members of management and supervision. These training topics include: avoidance of litigation from wrongful termination, sexual harassment, and employment discrimination; equal employment opportunity; union avoidance; and, discharge/discipline.
We represent local, regional and national employers in all aspects of labor and employment law and related civil litigation. Our major areas of expertise include:
- employment discrimination and wrongful termination litigation
- wage and hour claims defense
- union prevention
- labor-management relations
- unfair competition litigation
We also consult and advise on a broad range of personnel matters.
We have extensive experience defending employment discrimination claims based on:
- national origin/ancestry
- medical status
- pregnancy status
We have defended these claims in both the California Superior Courts and federal trial courts and the Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. We represent employers in response to charges, investigations and litigation involving discrimination and harassment claims.
Wrongful Discharge Litigation
Each day California businesses face wrongful termination claims based on: age, sex, age, sex, race, color, religion, national origin/ancestry, medical status, disability and pregnancy status. Our experience includes defending employee claims asserting:
- Title VII
- wrongful termination
- intentional infliction of emotional distress
- breach of contract
We have significant experience defending civil rights wrongful discharge claims.
We advise, guide and represent businesses in dealing with National Labor Relations Act issues including:
- union organizing campaigns and unfair labor practice proceedings before the National Labor Relations Board and in the courts
- collective bargaining negotiations and arbitrations of grievances under collective bargaining agreements
- contract actions
- duty of fair representation
- litigation arising from picketing and strikes
We also provide union avoidance labor relations counseling programs to our clients.
We advise, guide and defend businesses about issues involving: wage and hour violation; meal and rest breaks; independent contractor status; entitlement to overtime pay; calculation of overtime pay; payment of vacation, personal and sick pay; and, recordkeeping obligations. We have expertise with the California Labor Code and Wage Orders, Fair Labor Standards Act, the Davis-Bacon Act, and the Service Contract Act. We staying current on court decisions, new laws and the complex regulations setting wage and hour requirements.
Occupational Safety and Health
We frequently counsel and represent businesses with occupational safety and health proceedings.