Labor & Employment Law:

The Employment Law Group of Payne & Fears LLP specializes in representing local, regional and national employers in all aspects of labor and employment law and related civil litigation. Our major areas of expertise include employment discrimination and wrongful termination litigation, union prevention and labor-management relations, protection of trade secrets, unfair competition litigation, wage and hour counseling and litigation, consultation and advice on a broad range of personnel matters, and immigration advice. The following are some of the areas in which we possess particular expertise:

Employment Discrimination

We have an extensive employment discrimination practice in the state and federal trial and appellate courts and before governmental agencies, including the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, and the California Department of Fair Employment and Housing. We regularly represent employers in response to charges, investigations and litigation involving discrimination and harassment claims. Our employment discrimination litigation practice runs the gamut from straightforward disparate treatment cases to class action lawsuits and other cases raising novel theories or posing the risk of substantial verdicts. We also defend administrative actions and civil litigation where property management firms are charged with housing discrimination.

Wrongful Discharge Litigation

Wrongful termination and related claims arising out of the employment relationship continue to proliferate in California. Tort and contract theories appear regularly in wrongful discharge cases and are often pled in sexual harassment actions as well. Intentional infliction of emotional distress and other related tort theories often accompany Title VII and other civil rights claims. We are experts in handling such litigation, this being a major focus of our practice.

Daniel F. Fears has co-authored a book, Avoiding Wrongful Termination in the 1990's, which is published by American Somerset, Inc., and which is widely read by human resources professionals. Our attorneys publish articles regularly and lecture extensively for business and legal publications and audiences.

Labor-Management Relations

We represent companies in the traditional labor law field in matters arising under the National Labor Relations Act, including union organizing campaigns and unfair labor practice proceedings before the National Labor Relations Board and in the courts. We also represent employers in collective bargaining negotiations and arbitrations of grievances under collective bargaining agreements. Additionally, we represent our clients in federal court in contract actions and duty of fair representation matters, as well as litigation in both state and federal courts arising from picketing and strikes. We also provide union avoidance programs and labor relations counseling programs to our clients.

Wage And Hour

We have extensive experience handling wage and hour matters (e.g., California Labor Code and Wage Orders, Fair Labor Standards Act, Davis-Bacon Act and Service Contract Act). We also regularly counsel and represent clients with respect to occupational safety and health proceedings. James L. Payne, formerly a Deputy Labor Commissioner with the California Division of Labor Standards Enforcement, is one of the leading experts in this practice area.

Employee Benefits

We represent companies in employee benefits litigation, and have extensive experience in the federal courts where the ERISA preemption defense is commonly asserted. Eric C. Sohlgren, formerly a human resources executive with The Times Mirror Company, now Tribune Company, has published in this area and has fourteen years of experience in the employee benefits and human resources field.

Trade Secrets And Unfair Competition

We specialize in protecting companies against the misappropriation of their trade secrets, customer data, process know-how, and other confidential information and valuable business assets. We regularly advise and assist companies in the development of internal programs and necessary documentation designed to prevent misappropriation by current, former, and prospective employees and others. We are experts in the litigation of trade secret/unfair competition disputes and in obtaining swift injunctive relief to prevent the use or continued use of misappropriated knowledge, information and other assets.

We also advise and assist employers in the development and implementation of internal programs and controls designed to minimize the risks of being sued for trade secrets misappropriation, which may arise out of the hiring of employees who may possess confidential information or trade secrets of their former employers or others. Our practice includes defending clients against claims of misappropriation of trade secrets and confidential information, breach of covenants not to compete and other claims of unfair competition, including large-scale representative actions under Business & Professions Code section 17200.

Personnel Management Advice

In addition to working to resolve cases and charges once they are filed against our clients, a substantial part of our practice is devoted to consulting with employers on important personnel issues, such as how to structure and implement voluntary early retirement and downsizing programs, how and when to take disciplinary action, how to draft and utilize employee handbooks, personnel policies, manuals and employment contracts, and how to avoid and minimize the risks of employment-related litigation.

In all areas in which we specialize, we regularly provide training and educational programs for lawyers, senior management and other members of management and supervision. These programs are specifically structured to be responsive to the needs of particular clients. The subjects or practice areas in which we most frequently present such programs include avoidance of litigation (e.g., wrongful termination, sexual harassment, employment discrimination), equal employment opportunity, union avoidance, and discharge/discipline.

Immigration Advice

We assist our clients in recruiting, employing and retaining international talent. We work closely with our clients to obtain work authorization and other immigration benefits for their valued foreign employees. In addition, we counsel companies with regard to I-9 compliance, the anti-discrimination provisions of the immigration laws, and Social Security no-match concerns.

Contact

Eric C. Sohlgren
Chair, Employment Law Group
T: (949) 797-1252
E: ecs@paynefears.com