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Our labor and employment practice team provides extensive training and advice to executives and managers to ensure their compliance with state and federal laws. We aim to protect our clients by minimizing litigation risk and exposure and when litigation becomes necessary, we aggressively defend against employment claims in a manner intended to accomplish a swift and favorable conclusion.

Being proactive in taking steps to anticipate and address potential employment issues minimizes liability risks. Our attorneys are well-versed in their practice and work with our clients to assure the most positive outcome for their business.

• Guidance regarding compliance with state and federal employment laws  and regulations, including wage and hour laws, leaves of absences, discipline and termination of employees, layoffs and other employment issues
• Advice and counsel to management on practical steps to avoid liability for claims such as discrimination, harassment, retaliation and other wrongful termination claims
• Preparation of employee handbooks to establish and enforce employment policies and procedures to minimize employment disputes
• Perform employment audits
• Sexual harassment training programs for management
• Preparation of employment contracts
• Representation and management of litigation filed in state and federal courts and in administrative agency proceedings

 

Deborah H. Petito Bio | email Leonard Brazil Bio | email

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C&T Twitter Notes

5/15/12 - Yesterday, the U.S. District Court for the District of Columbia ruled that the NLRB’s expedited election procedures are invalid. The new rules went into effect on April 30th but are now on hold.

5/11/12 - On April 25, 2012, the EEOC issued guidance on when using arrest and conviction records may be a violation of federal discrimination laws. See www.eeoc.gov/eeoc/newsroom/release/4-25-12.cfm. Arrests are different from convictions; employer policies should be applied equally and be job related.

5/11/12 - The bill prohibiting employers from requesting usernames and passwords of employees and applicants to social media sites and pages passed the California Assembly. We expect this to become law so make sure your practices will comply.

5/8/12 - There is another new challenge to employment arbitration agreements. In D.R. Horton, Inc. the NLRB recently held that an arbitration agreement that contains a class action waiver violates the NLRA to the extent that it prohibits employees from engaging in protected, concerted activity. This case is being appealed.

5/1/12-Yesterday the California Supreme Court issued another employer friendly decision. The Court held that employees are not entitled to attorneys’ fees for bringing lawsuits alleging that an employer failed to provide breaks.

5/1/12-The NLRB implemented their new rules regarding elections on Monday, April 30, 2012. These are streamlined rules that are not favorable to employers whose employees are attempting to organize to bring in a union. For more information go to www.nlrb.gov.

Remember to update your employee handbook to include "gender, including gender identity and gender expression" as protected categories.

GENDER IDENTITY AND EXPRESSION PROTECTIONS
IN THE FEHA

A. Addition to The Fair Employment and Housing Act

1. Gender is redefined to include gender identity and gender expression.
2. Gender expression means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
3. Your equal employment policy should include the phrase "gender, including gender identity and gender expression."
4. This new law requires employers to allow an employee to appear or dress consistently with the employee’s gender expression.