Labor & Employment

Allen Matkins' Labor & Employment Department represents employers in all areas of labor and employment law. We represent both large and small employers, across diverse industries, from Fortune 500 companies with thousands of employees, to companies with only a few employees. By uniquely emphasizing our clients' distinct businesses and objectives, and drawing upon our considerable expertise and experience, we are able to provide high quality legal service to employers, and solve problems in a cost-effective and time sensitive manner. Our practice focuses on litigation, preventive counseling, training, policy preparation and implementation, and alternative dispute resolution.

Litigation

Our attorneys have extensive experience in protecting and defending our clients in federal and state court litigation on claims such as wrongful termination, employment discrimination, sexual harassment, and breach of contract. We also represent companies in litigation involving "whistleblower" claims, invasion of privacy, misappropriation of trade secrets and confidential information, and related torts.

We regularly appear on behalf of management before administrative agencies such as the California Department of Fair Employment and Housing, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, and the California Labor Commissioner. We also frequently defend employers in hearings involving Labor Code 132a discrimination and "serious and willful" matters before the Workers' Compensation Appeals Board. Our practice includes the representation of companies during affirmative action audits conducted by the Office of Federal Contract Compliance Programs (OFCCP), as well as investigations into independent contractor/employee issues by the Internal Revenue Service and the Employment Development Department.

Class Actions

Allen Matkins' Labor and Employment attorneys have extensive class action experience in a variety of areas, including cases alleging meal and rest period violations, improper employee classification (exempt/non-exempt), improper wage or commission deductions, illegal bonus plans, private attorney general actions, and other cases arising under state and federal wage and labor laws.

Preventative Counseling

Attorneys in our Labor and Employment Department endeavor to assist our clients in avoiding litigation or reducing exposure to liability; therefore, our practice also has a considerable focus on preventive counseling. We are actively involved on a daily basis in providing employers with prompt advice and guidance on a breadth of issues including the following: Wage and hour compliance; employee discipline and discharge; leave-of-absence issues under the Family and Medical Leave Act; the Americans with Disabilities Act; employee benefit programs; employee/workplace investigations; drug and alcohol testing; mergers and acquisitions; workforce reduction programs (for both privately and publicly held companies), including compliance with the Worker Adjustment and Retraining Notification Act (WARN); and employee privacy concerns.

Policies and Procedures

We protect our clients' interests by drafting state-of-the-art workplace policies and procedures manuals, including employee handbooks that comprehensively address such issues as sexual harassment, drugs and alcohol, AIDS, e-mail and voice mail policies, electronic surveillance, and workplace violence. We also prepare and review the full range of employer-necessitated documents, such as employment applications and executive employment contracts, trade secret, unfair competition, arbitration, and severance agreements.

Training

Allen Matkins' labor and employment attorneys regularly provide in-house training seminars to our clients. Our training programs are geared towards sensitizing our clients' employees to issues such as hiring and firing, sexual harassment (including prevention of a "hostile work environment"), and enabling management to respond promptly and appropriately to day-to-day issues affecting the workforce.

Alternative Dispute Resolution

Our labor and employment attorneys have substantial experience in alternative dispute resolution (ADR), representing clients in numerous mediations and arbitrations. We also serve as neutral mediators and arbitrators and have been selected as such by several national companies for our reputation and experience.

Traditional Labor Law

We represent employers in all phases of union/management relations, including union election matters, collective bargaining negotiations and arbitrations, decertification proceedings, and all aspects of NLRB proceedings. We have also successfully handled numerous strikes, handbilling, and employee picketing situations on behalf of our clients, including obtaining restraining orders and other injunctive relief.

Newsletters

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