Employment

Employment law is a minefield. The law changes frequently, and makes it difficult to keep up with local, state and federal requirements. Employers face few challenges as unpredictable and risky as those created by modern employment law. Yet the risks of not addressing them are real, and can pose expensive – even existential – threats to you and your business. Successfully understanding and overcoming these challenges requires the right attorney. We bring our varied experience in virtually all areas of workplace law and a common sense approach to the table in a way that other firms cannot. We regularly represent publicly and privately held businesses ranging from international companies to start-ups and not-for-profit organizations of all sizes.

On a daily basis, we handle employment law engagements both inside and outside of the courtroom. We have extensive experience before state and federal courts and administrative agencies in cases ranging from a single plaintiff to class action matters. But we have a unique, practical approach that stems from our experience as both business law counselors and litigators. This background and experience permits us to understand your unique business, identify practical solutions, and deliver extraordinary, cost-effective services.

We are practical people. That means we take a practical approach when it comes to employment law matters to identify unique options and solutions for you and devise a strategy to meet your objectives. We find out quickly what happened, identify any real risk at hand, and determine how to confront and defeat it. The reality that every case is different drives what we, as your attorneys, do for you. We regularly represent employers in the defense of wrongful discharge, discrimination, harassment, retaliation, wage and hour, unfair competition, defamation and related claims.

Our role in assisting you with employment law concerns extends beyond responding to litigation matters. We regularly help employers with hiring-related concerns, review and drafting of employee policies and contracts, regulatory issues involving compensation and protected leaves, disability accommodation questions, reorganizations and reductions in force, and disciplinary and termination decisions.

We assist business owners, management team members, human resource professionals, and general counsel in handling the broad spectrum of employment law and workplace risk management concerns. A realistic and practical compliance approach is essential to risk attenuation, promoting a healthy workplace and, ultimately, your company’s bottom line.

Core Areas

Our core areas of employment law representation include:

  • Advisement and Risk Management
  • Audits
  • Class Actions
  • Counsel on all aspects of workplace matters including wage and hour, employee benefits, hiring and termination, workplace policies and their implementation, required record keeping, varied leave and accommodation matters, insurance coverage, training, and related issues
  • Employee Training
  • Employment Law Aspects of Business Transactions
  • Employment Manuals
  • Employment, Independent Contractor and Separation Agreements
  • Facility Closings and Reductions in Force
  • Informal Dispute Resolution Counseling
  • Litigation
  • Policies and Procedures
  • Protection of Employer Proprietary Information
  • Regulatory
  • Unfair Competition
  • Union Negotiation and Arbitration
  • Wage-and-Hour
  • Work place Investigations

Employment Litigation

The attorneys of Dunn DeSantis Walt & Kendrick work closely with clients facing the serious risks and costs of employment litigation. Every day, we defend employers in single-plaintiff lawsuits and in massive multi-state class action wage and hour cases involving thousands of workers.

Our experience in this area of the law extends to include virtually every type of employment law matter in state and federal courts and administrative agency forums. We’ve been at this a long time. And we are here to help you today with the challenges you face.

Dunn DeSantis Walt & Kendrick has a practical approach to litigation. We listen to you to identify what is a successful outcome for your unique matter. As soon as possible, we will work with you to decide if there is a basis to have your case terminated through a dispositive motion and, if possible, we will tailor our strategy accordingly. This approach, together with our experience, permits us to maximize efficiency and to save you time, effort and money. We pride ourselves on being effective problem-solvers. Whether for mediation, arbitration or trial, we position you to achieve your goals in an efficient, practical way.
The types of employment litigation matters we handle include:

  • Bullying
  • Civil Rights
  • Class Actions
  • Discrimination
  • Employment Agreement Disputes
  • FMLA / CFRA / ADA Violations
  • Harassment
  • Invasion of Privacy
  • Misclassification
  • Retaliation
  • Solicitation / Non-competition
  • Trade Secret Protection
  • Unfair Competition
  • Union Unfair Labor Practices and Arbitrations
  • Wage / Hour Compliance
  • Whistle Blower
  • Wrongful Termination

Regulatory

The regulatory environment facing today’s employers is more complicated than ever. Employers are confronted by a barrage of regulations from a disorganized and constantly changing medley of city, state and federal employment laws. Our employment team assists you in piloting a course through this morass of workplace regulation. We have the right experience to help; we often author articles and are invited speakers in this important arena, and are pleased to tailor presentations to your organization to educate your team. We recognize that issues arise without warning, and so we strive to provide prompt, simple answers to specific questions.

Our employment regulatory compliance practice includes:

  • Affordable Care Act (ACA)
  • Audits
  • EEOC/DFEH/EDD/DLSE/WCAB/DOL
  • Employee Benefits
  • Equal Employment Opportunity (EEO)
  • Family and Medical Leaves (FMLA / CFRA)
  • Information Retention Policies and related issues
  • Minimum Wage Ordinances
  • Privacy Rights
  • Time-off Policies
  • Wage and Hour and Classification issues
  • Workers Compensation
  • Workplace Safety and Health (OSHA)

Unfair Competition

Successful companies must be vigilant in protecting their trade secrets and proprietary information from unfair competition. Doing so requires strong policies that ensure employees keep company secrets. In the modern world, where employees are impermanent and key information can be made public in an instant, it is absolutely essential that policies are in place ahead of time to mitigate risks to your trade secrets and proprietary information.

We are prepared to assist you in obtaining paramount safeguards for your critical business information. We have the knowledge and experience needed to help you develop and implement tools that protect your trade secrets and proprietary information, and can advise you concerning employee agreements, workplace policies and other tools needed to reduce risk.

Our representation in unfair competition matters includes:

  • Breach of Fiduciary Duty
  • Cease and Desist Demands and Responses
  • Conflicts of Interest
  • Covenants not to Compete and Solicit
  • Fraud
  • Interference with Contract
  • Misappropriation of Trade Secrets
  • Protection of Intellectual Property Rights
  • Trademark and Copyright Defense or Enforcement
  • Unfair Business Practices (California Business & Professions Code § 17200)
  • Use and Disclosure of Confidential Information
  • Violations of the duty of loyalty