- Alternate Dispute Resolution
- Appeals and Writs
- Business Acquisition & Disposition
- Employer Advice and Problem Solving
- Employment Litigation
- Government Agency Investigations
- Labor Management Relations
- Management Training
- Trade Secret & Unfair Competition
- Wage and Hour Law
Alternate Dispute Resolution
Several of our attorneys are skilled mediators. As neutral third-parties, they assist disputants achieve a successful resolution to their litigated claims including:
- workplace issues of all kinds;
- personal injury and other tort claims; and
- contract disputes and related claims.
Appeals and Writs
Our appellate attorneys include state certified specialists with significant records of success. They represent employers in appealing unfavorable outcomes in state and federal trial courts and from state and federal agencies, including:
- appeals of adverse jury verdicts;
- review of government agency orders; and
- petitions for a writ of mandate to correct trial court errors.
Many of these appeals have resulted in significant favorable published decisions for employers.
Business Acquisition & Disposition
When buying/selling a business and/or significant business assets, or when transferring operational control and management of a business, employers and investors must navigate compliance with numerous employment and labor laws. Our attorneys advise clients regarding potential strategies and prepare agreements to address the purchase and sale, third party management, and other matters including:
- alteration, assumption, or rejection of collective bargaining agreements and employment contracts;
- altering or maintaining wage and benefit packages;
- hiring and termination requirements;
- indemnification and responsibility of parties for pre- and post-transaction claims;
- multi-employer pension fund obligations, including potential for withdrawal liability;
- payout or transfer of accrued paid time off; and
- state and federal WARN obligations.
Employer Advice and Problem Solving
In assisting clients with devising strategies aimed at avoiding problems, rather than reacting to crises, our attorneys assist and advise employers concerning all matters pertaining to the employment relationship, including:
- alcohol and drug testing, and workplace privacy concerns;
- background investigations, lawful hiring inquiries and hiring challenges;
- discipline, demotion, termination and other day-to-day human resources decisions;
- drafting and complying with employee handbooks and human resources policies;
- leaves of absence and disability accommodation obligations;
- preparing and enforcing employment contracts, independent contractor agreements, and severance or separation agreements;
- workforce reductions, facility closures, and related matters; and
- compliance with federal, state, and local labor laws and regulations.
Our attorneys represent both public and private sector employers in litigating the entire spectrum of employment litigation matters, on both an individual or class action basis, including:
- wrongful termination;
- benefit and contract violation claims;
- discrimination, harassment, and retaliation claims;
- negligent hiring and retention claims;
- restraining orders against threatened workplace violence;
- defamation, invasion of privacy, and other tort claims;
- non-insurable workers’ compensation claims for serious & willful conduct and discrimination; and
- other alleged violations of federal, state, and local laws.
Government Agency Investigations
As the many federal, state, and local government agencies – such as the United States Department of Labor, Equal Employment Opportunity Commission, and Occupational Safety & Health Administration – continue to expand their role over employers, our attorneys represent employers in all matters before those agencies, including:
- discrimination, harassment, and retaliation claims;
- form I-9 audits;
- wage and hour compliance audits; and
- workplace accident, injury, and other safety-related matters.
Labor Management Relations
Our attorneys provide a full range of services for our unionized and non-unionized clients, including advice and representation concerning:
- contract violation and discipline/discharge grievances and labor arbitrations;
- union organizing and employee efforts to end union representation;
- collective bargaining strategies and engaging in such bargaining;
- boycotts, corporate campaigns, lockouts, strikes, and other economic weapons; and
- petitions, unfair labor practices, and other legal proceedings before the National Labor Relations Board and federal courts.
Workplace law has become increasingly complex, demanding that decision makers make fine judgments every day about human resource matters. Our attorneys conduct proprietary interactive training tailored to the individual needs of our clients, so that executives, managers, and supervisors are equipped to make legally compliant decisions by understanding their rights and legal obligations. Here is a sampling of the training topics we offer:
- avoiding harassment and other forms of unlawful discrimination;
- working under a collective bargaining agreement and grievance handling;
- the legally correct way to discipline and terminate employees;
- federal, state, and local labor laws and regulations;
- free speech rights of employees and employers under the National Labor Relations Act;
- time off, leave of absence rights and accommodation of disabilities; and
- supervision challenges with both non-union and union-represented employees.
Trade Secret & Unfair Competition
The theft of trade secrets or confidential business information and other unfair competition actions may devastate a business. Our attorneys advise and represent employers concerning:
- how to protect confidential business information and trade secrets;
- obtaining injunctive relief and appropriate remedies for trade secret violations; and
- prosecution and defense of trade secret and unfair competition claims.
Wage and Hour Law
In recent years wage and hour law has become the largest area of claims and potential liability for employers. Our attorneys advise and represent employers concerning compliance with federal, state, and local laws, government audits, and litigation of employee claims filed with government agencies and in court, including individual, class action, and representative actions for:
- hours worked, working conditions, and records compliance;
- tip-pooling arrangements;
- independent contractor and other non-employment arrangements;
- minimum and “living” wage requirements, including mandatory paid time-off;
- meal, rest, and other employee break entitlements;
- overtime premium calculations, obligations, and exemptions; and
- wage payment, timing, garnishment, and other requirements.