Employment

What Sets Us Apart

Drawing from our depth of both legal and practical experience, we offer custom solutions tailored to each individual workplace. We counsel businesses on how to avoid employment-related issues before they arise. At the first sign of a problem, our clients receive practical, step-by-step advice on how to manage the situation. If a dispute does arise, our lawyers are there at every stage — from investigation to litigation, if necessary. Representing individuals to Fortune 500 companies, we leverage this unique ability to utilize a multidisciplinary, sophisticated approach when confronting complex issues, fully assessing each situation from all angles to keep each client’s individual business considerations at the forefront of our analysis.

Our Services

Our lawyers provide employment advice and counseling on a wide variety of topics impacting the employment relationship, provide transactional support for employers and individuals from the outset of employment to termination and business formation to purchase or sale, and represent employers in matters involving employees or former employees.

Employment Counseling and Risk Management

Our lawyers advise on the full range of employment matters, including hiring, promotion and firing; compensation and benefits; discrimination and harassment complaints; wage and hour issues; disability and protected leaves; privacy; workplace violence, noncompetition, nonsolicitation and confidentiality considerations; retaliation and whistleblower issues; executive transition issues; and reductions-in-force.

We frequently assist clients with:

• Occupational Safety and Health Administration (OSHA) compliance.
• Worker Adjustment and Retraining Notification (WARN) Act compliance for mass layoffs.
• Employee Retirement Income Security Act (ERISA) and employee benefits compliance.
• Managing employee benefit plans and practices.
• Integration of benefit plans following a merger or acquisition.
• Navigating protected leaves and Americans with Disabilities Act (ADA)/state law compliance.
• Cybersecurity and data breaches.
• Wage and hour compliance.
• Background check compliance.
• Counseling on restrictive covenants in hiring and terminations.

Employment Agreements, Handbooks and Workplace Policies

Well-versed in the applicable local, state and federal rules and regulations, we draft and review employee policy manuals, handbooks, employment applications, contracts and other materials and advise clients on sound employment practices, working conditions and procedures. We also provide legal advice regarding transition agreements, including documentation of succession planning and financial aspects of business transition as well as compliance with regulatory requirements related thereto.

Areas where we offer support include:

• Employment agreements.
• Manuals and handbooks.
• Human resources policies, such as:
  • Remote/hybrid policies.
  • Social media policies.
  • Drug and alcohol policies.
  • Workplace violence prevention policies.
  • Wage and hour policies.
  • Harassment prevention.
• Noncompetition, nonsolicitation and confidentiality agreements.
• Independent contractors.

We also actively advise clients on modern strategies for a changing workplace. We anticipate trends in the workplace and recommend and draft policies and procedures to address novel issues, including remote/hybrid work arrangements, contingent workforces, the increased use of AI in employment practices, social media and other electronic communications, and the increased use of alternative dispute resolution agreements.

Litigation and Dispute Resolution

With experience litigating in all forums — including state and federal courts, the Financial Industry Regulatory Authority (FINRA), private arbitration forums such as the American Arbitration Association (AAA) or JAMS, administrative agencies, and governmental agencies including the U.S. Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC) — our employment lawyers regularly defend employers against claims related to discrimination, harassment, retaliation, wrongful termination, restrictive covenants, trade secrets, unfair competition, breach of contract, defamation, compensation, and wage and hour issues, as well as complex employment disputes such as class and collective actions and representative actions, such as those involving California Private Attorneys General Act (PAGA) claims.

We also routinely represent financial services firms in claims unique to FINRA, such as expungement matters, including claims of defamation related to Form U4 and U5 reporting and collection claims. We have also represented firms where the employee’s claims have been split between those arbitrable before FINRA and statutory claims litigated in court, simultaneously defending against both.

Mergers, Acquisitions and Workforce Transitions

Collaborating with our mergers and acquisitions lawyers, we provide employment advice related to transactions and related issues, such as stock plans, phantom equity and other management incentives; employment agreements; separation agreements; and integration of benefit plans post-transaction, as well as due diligence.

Workplace Training

Our lawyers regularly conduct on-site training and presentations and work with clients to develop “best practices,” all designed and customized to address the unique needs and concerns of each workplace. Trainings include, but are not limited to, sexual harassment, workplace violence, protected leaves/ADA and performance management.

Employment Investigations

We conduct investigations of concerns or complaints regarding discrimination, harassment, retaliation, bullying, and wage and hour compliance, as well as other potential employment issues. We also assist employers with governmental investigations.

Representative Matters

• Obtained full defense award on behalf of a broker-dealer in a 31-day arbitration involving claims of discrimination, harassment, retaliation, invasion of privacy, and defamation, among others, brought by an employee and former employee.
• Obtained full defense award in a 14-day FINRA arbitration in favor of a broker-dealer where a registered representative asserted claims of defamation and wrongful termination.
• Succeeded in striking class claims alleging age and gender discrimination brought by a former financial services employee against a broker-dealer in federal court.
• Successfully defended a Fortune 500 financial services company in a competitive claim against a registered investment adviser arising out of claims relating to violation of a noncompetition agreement and the Uniform Trade Secrets Act.
• Secured jury verdicts on behalf of a regional transportation authority against employment discrimination and civil rights claims brought by former employees.
• Defended and successfully resolved collective action against a hospital involving classwide overtime compensation claims under the FLSA.
• Obtained a complete defense verdict and recovered all legal fees on claims lodged by a public company against its former president for fraud and breach of an acquisition agreement.
• Enjoined a company marketing director in the materials industry from continuing to work for a direct competitor and secured the return of highly sensitive and proprietary business information.
• Represented a national manufacturing company in a federal and state investigation of wage and overtime practices.
• Prevailed at a jury trial in defending against discrimination and retaliation claims asserted against an educational institution by its former director.