Litigation and Alternative Dispute Resolution

As we would like to spend our time devoted to proactive compliance, we spend a significant amount of time representing our clients in litigation and seeking the most cost-effective resolutions, including, mediation, arbitration and other creative methods to benefit our clients. The claims that we litigate include:

• Employment Discrimination under FEHA, Title VII, Age Discrimination and Employment Act, Cal. Labor Code, Military & Veterans Code, Health & Safety Code, California Family Rights Act
  – Age
  – Sex
  – Sexual Orientation
  – Race
  – National Origin
  – Disability/Medical Condition
  – Family and Medical Leave Compliance
  – Workers’ Compensation Leave
  – Religious
  – Harassment in Workplace
  – Affirmative Action
  – Retaliation
  – Constructive Discharge
• Wrongful Discharge
• Common Law Claims
  – breach of contract
  – Breach of implied covenant of good faith and fair dealing
  – Fraud
  – Defamation
  – Intentional and negligent infliction of emotional distress
  – Conspiracy
  – Interference with contractual relations,
  – Interference with prospective economic advantage
  – Negligent hiring, supervision and retention,
  – Unfair business practices
  – Private Attorney General Act
  – Ralph Act
  – Bane Act
• Wage and Hour
  – Employee vs. Independent Contractor
  – Overtime
  – Minimum Wage
  – Meal & rest breaks
  – Equipment and Uniform
  – Expense Reimbursement
  – Vacation
  – Sick Leave
  – Final Paycheck
  – Bonuses
  – Commissions
  – Reporting Pay and Split Shift Premiums
  – Time Keeping
  – Paycheck obligations
  – Deductions from Wages
  – Posting Requirements
  – Notice Requirements
  – Personnel Records Inspection
  – Record-Keeping Obligations
  – Penalties (including waiting time penalties)
  – Prohibition against discharge or discrimination

    – Interns and minors

• Alcohol & Drug Rehabilitation
• Lactation Break Privilege
• Interns
• Minors
• Workers’ Compensation Insurance Compliance
• Trade Secrets
  – Misappropriation
  – Unfair Competition
  – Enforceability of Non-Competes
• Arbitration Agreements
  – Enforcement
• Privacy Rights
  – Investigation of Prospective Employees
  – Social Media and e-discovery issues
  – Investigation of Current Employees
• Confidentiality & Use of Personnel Information
• Liability for Release of Personnel Information
• Liability for Fraud & Negligent Misrepresentation
• Health & Safety (OSHA and Cal-OSHA compliance)
• Employee Testing
• Individual Liability