Assistance with proper classification of exempt, nonexempt, and independent contractor workers; and reviewing overtime pay calculations; OSHA investigations and citations; preparation, development or assessment of workplace safety programs; risk assessment; and preparation of personnel manuals.
Drafting and analysis of all types of agreements that include trade secret restraints and/or confidentiality provisions; and training employees on policies regarding confidential information, non-competes, and the like.
Employee Discipline and Termination
Guidance related to discipline, terminations, and all other aspects of personnel management and policies; preventative measures for avoiding employment-related liability; defending employers or representing employees in claims of wrongful discipline or termination; at-will employees or those with employment contracts; includes claims under breach of contract theory, either written, oral or implied; a public policy theory; or a statutory theory.
Drafting or reviewing executive and individual employment agreements, non-competition agreements, non-disclosure agreements, severance agreements, consulting agreements, independent contractor agreements, and similar documents.
- Employment Contract Disputes
Wrongful termination and discipline issues; harassment; employment discrimination, including claims under the California Fair Employment and Housing Act, Americans With Disabilities Act, and Title VII.
Representing Employers, Plan Sponsors, Plan Fiduciaries, and Plan insurers in disputes involving pension plans, life/health/disability plans, breach of fiduciary duty claims, withdrawal liability claims, funding deficiency claims, subrogation claims, and other claims brought under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.
Unlawful Discrimination and Harassment
Advice, counseling, and representation related to all forms of prohibited workplace discrimination, including race, gender, age, disability, religion, color, and national origin under both federal and state law; SB 1825 sexual harassment prevention training; responding to and/or investigating claims of sexual harassment; preventative measures to avoid sexual harassment; and advice and representation for employees sexually harassed.