My practice encompasses all areas of evolving state and federal labor and employment law including employment discrimination, wrongful termination, workplace harassment, wage and hour disputes, breach of contract, and unfair business practices. I have extensive experience in state and federal litigation and appeals, binding arbitration, mediation, and proceedings before all government agencies enforcing employment laws.
Representative matters include:
- Defended a computer manufacturer against a $7 million claim for breach of employment contract and constructive termination action brought by a former executive and recovered over $450,000 in damages against the employee.
- Obtained summary judgment against a claim of sexual harassment brought by a former employee against a financial services firm.
- Obtained summary adjudication of age and disability discrimination and retaliation claims brought against a national construction company.
- Obtained and successfully defended on appeal an award of summary judgment against a class action complaint of unfair business practices against a national car rental company.
- Obtained a multi-million dollar settlement on behalf of a terminated financial services executive.
- Obtained a settlement on behalf of another financial services executive in the high six-figures.
- Obtained a six-figure settlement on behalf of a design professional against a multi-national employer for disability discrimination.
- Responded to numerous Equal Employment Opportunity Commission and California Department of Fair Employment and Housing discrimination complaints with favorable results.
- Substantially reduced employer assessments, fines and penalties in government audits.
- Successfully resolved dozens of matters in pre-trial mediation.
Counseling & Advice
I provide timely, strategic advice to employers on the full range of labor and employment issues, including:
- Employee hiring
- Identifying and managing high-risk employee disciplinary actions and terminations
- Creating, updating and implementing fair and legal personnel policies
- Wage and hour requirements
- Equal employment opportunity and discrimination matters
- Managing employee leaves of absence and reasonable accommodation of disabilities
- Auditing Human Resources compliance with all employment law matters
- Planning for layoffs, reductions in force, and WARN Act compliance
- Interpretation and administration of collective bargaining agreements
- Enforceability of employee confidentiality and non-disclosure agreements
I also conduct neutral investigation of workplace issues and can serve as an expert witness.
Government Claims and Audits
I defend employers against claims brought before the Equal Employment Opportunity Commission (EEOC), California Department of Fair Employment & Housing (DFEH), National Labor Relations Board (NLRB), Department of Labor (DOL), Division of Labor Standards Enforcement (DLSE, or California Labor Commissioner), the Occupational Safety and Health Administration (OSHA), and the Employment Development Department (EDD). I represent employers in government audits conducted by the Office of Federal Contracts Compliance (OFCCP), the Department of Homeland Security Immigration and Customs Enforcement (ICE), and the DOL.
I prepare and negotiate employment and independent contractor agreements; non-competition and non-solicitation agreements; employee confidentiality agreements; executive compensation agreements; and separation agreements.
I conduct seminars on a wide variety of employment law compliance topics, including:
- Sexual and other workplace harassment (compliance with AB 1825)
- Accommodation of Workplace Disabilities
- Complying with the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
- Avoiding Family Responsibilities Discrimination
- Managing Employee Performance
- Best Practices for Avoiding Wrongful Termination Suits
- Privacy Issues Under California Law
- Retaliation Claims and How to Avoid and Defend Against Them
- How to Conduct a Workplace Investigation
- Conducting Lawful Employment Interviews
- Federal Labor Laws, the National Labor Relations Act, and Union Avoidance
I also work with employers to conduct personalized, targeted management training on issues of concern.