Even companies with a single employee are subject to employment issues. Our attorneys bring a responsive, problem-solving approach to help businesses of all sizes successfully address complex employment issues and decrease litigation risk. Highly experienced in matters from policy planning, contract drafting and negotiating, to management training and litigation, our attorneys work closely with clients to tailor business-specific, practical solutions so their businesses can focus on business.
Diverse Client Experience
Our clients range from small start-ups to large corporations and include non-profit and trade organizations. We have extensive experience in a range of industries, including employment staffing, product manufacturing, public agency employers, homebuilding, dealership franchises, retail, and restaurants.
We help clients with regulatory compliance, contracts and agreements, disputes, organizational changes, benefits administration and other issues. Clients appreciate our experience, insight, and practical approach to addressing a range of employment legal issues, such as:
- Wrongful termination claims
- Discrimination and harassment claims
- Wage and hour matters
- Drafting and/or reviewing employee manuals and policy documents
- Employment contracts and nondisclosure agreements
- Severance and separation agreements
- Reduction in force
- Employee benefit plans
- Leave (military, family, etc.) provisions and compliance
- Employee discipline matters
- Collective bargaining and National Labor Relations Board
- Occupational Safety & Health Administration
- Americans with Disabilities Act provisions and compliance
- Unfair business practices and competition matters
- ERISA and COBRA compliance and fiduciary obligations
We provide training on a variety of topics, including the Anti-Sexual Harassment Training mandated for supervisors at companies with 50 or more employees (which will change on January 1, 2021, when businesses with 5 or more employees will be required to provide training to all employees), diversity, and best practices for management.
Litigation and Conflict Resolution
Our attorneys are experienced in successful courtroom advocacy at the trial and appellate levels, as well as representing employers before administrative and regulatory bodies, including the California Labor Commissioner, California Department of Fair Employment and Housing, and the U.S. Equal Employment Opportunity Commission.
Firm attorneys have experience including:
Obtained favorable settlement of class action lawsuit involving alleged violations of Unruh Act.
Member of trial team that obtained defense verdict for client in employment dispute involving claims of discrimination and retaliation.
Successfully represented organics company against lawsuit by dissident shareholder and director of breaches of fiduciary duties, failure to allow inspection of corporate records, misappropriation of corporate opportunities, involuntary dissolution and wrongful termination of employment claims
Successfully represented physician and surgery center against claims by former nurse for alleged wrongful termination, breaches of public policy rights, unpaid wages, penalties and interest.
Successfully represented a medical staffing company and a surgeon in a lawsuit brought by the surgery scheduler after she was terminated from employment while she was on a disability leave of absence as a result of a reduction of workforce business decision.
Music v. Western Conference of Teamsters Pension Trust Fund, 712 F.2d 413 (9th Cir. 1983) – Determined the standard for fiduciary liability in cases involving retroactive pension plan modifications under ERISA and the LMRA, leading to the recovery of benefits exceeding $10 million for a class of retired, disabled Teamsters.
Successfully defended a dry cleaner against a claim that the dry cleaning facility failed to meet the access requirements of the Americans with Disabilities Act.
Counsel for a leading investment brokerage firm in an employment discrimination class action and related breach of duty of loyalty counterclaim; successfully compelled arbitration to avoid class claims, prevailed on defense of discrimination claim, and obtained damages awards on firm’s breach of duty of loyalty claim.*
Represented various employee groups in class action claims under California Business & Professions Code Section 17200 for violations of wage and hour and other employment claims.
05/25/2018 | Client Update
[Updated 6/8/2018] It has long been a challenge for California businesses to determine if a worker can be considered as an independent contractor or must be treated as an employee. …More
09/10/2019 | Wendel Rosen
Wendel Rosen LLP, the largest law firm in the East Bay representing businesses throughout the state, has added Tammy A. Brown as a partner and chair of its Employment Group….More