Employment & Labor Practice
The firm’s labor and employment attorneys represent employers and employees in the full range of legal matters related to employment. We have extensive experience in cases involving claims concerning wrongful termination, discrimination, harassment, Americans with Disabilities Act (ADA) violations, and employer/employee relations. Our labor relations practice emphasizes advising employers on union elections, employee grievances, contract interpretation and collective bargaining. Our litigators are experienced trial attorneys who are prepared to aggressively represent the interests of our clients in hearings before regulatory agencies, in arbitrations, and in court.
We are regularly engaged to counsel and assist clients in drafting personnel policies, employee handbooks and guidelines that conform to increasingly complex federal, state and local employment laws. We also train executives, management and front-line supervisors to comply with these laws in order to limit legal exposure.
Our attorneys have successfully represented employers and employees in more than 1,000 discrimination disputes and numerous wrongful termination lawsuits. These cases have involved serious charges of age, race and sexual discrimination brought by individuals as well as class action lawsuits filed on behalf of hundreds of employees and unions. Our attorneys also have extensive experience in high profile cases involving claims of sexual harassment.
In wrongful termination disputes, our attorneys have successfully handled claims involving misrepresentation of job experience/credentials by an employee, theft, and threats against co-workers and employers. Many of these cases included claims of defamation, false arrest, malicious prosecution and interference torts. We have also obtained restraining orders on behalf of employers in response to violent employees and strikers. On the plaintiff’s side, we have recovered settlements and judgments totaling millions of dollars to compensate terminated employees for back pay, pain and suffering, as well as negotiating reinstatement in their positions.
In addition to extensive trial experience, we also have represented clients before regulatory agencies such as the National Labor Relations Board (NLRB), the California Labor Commissioner, and numerous other administrative bodies, including the Equal Employment Opportunity Commission (EEOC), California Department of Fair Employment & Housing (DFEH), and the Occupational Safety and Health Administration (OSHA).
On the transactional side, we negotiate and draft employment agreements for key employees, executives, and officers. Because many of our clients make extensive use of foreign workers, we also handle employment-related immigration matters, completing all filing requirements for the Immigration and Naturalization Service (INS) and other state and federal agencies. We also advise employers on employee policies and procedures, and draft and review employee policy and safety manuals, checking for compliance with federal and state regulations.
Another aspect of our employment practice focuses upon executive compensation plans, including incentive stock options, nonqualified stock options, restricted stock, stock appreciation rights, and other bonus and incentive features. We advise employers on pension, 401(k) and profit sharing plans, and Employee Retirement Income Security Act (ERISA) compliance matters, and employee benefit plan aspects of business acquisitions, sales and mergers. Our attorneys are often called upon to advise trustees and other fiduciaries regarding their obligations and liabilities under ERISA.
If you have any questions regarding the firm’s employment and labor practice, please contact George Barron at 510.451.0544.
