Practices

Employment

Overview

DP&F’s Employment Law team provides comprehensive employment law services to employers throughout the North Bay, North Coast and Wine Country. Our clients include small, medium, and large businesses across numerous fields and industries, with a significant majority in the wine industry.

Our attorneys have extensive experience in counseling clients in matters ranging from general advice to complex class-action litigation. We provide employment counsel to employers at all stages of growth, advising on areas critical to both establishing and maintaining a healthy and productive workforce.

Areas of counsel include employment policies and handbooks, new hire paperwork, employment contracts, HR training, wage and hour, discrimination, harassment and retaliation, the hiring and disciplinary process, compensation and benefits, independent contractor analysis, exempt status analysis, reasonable accommodation, leaves of absence, and implementing state and federal regulations.

In addition to advising employers on fostering a healthy employer/employee relationship, our employment attorneys also provide representation in civil litigation for employment issues unable to be resolved through other means. Our team has represented clients in civil litigation involving all types of employment disputes such as harassment and discrimination, wrongful termination, wage and working conditions, disability access and accommodation, leaves of absence, whistleblowing and retaliation, employment contracts, fraud and misrepresentation, and employee benefit claims.

The firm’s employment team also focuses on unfair competition and trade secret disputes, including misappropriation by current and former employees, and has advised clients with respect to such disputes throughout the United States.

We also handle administrative investigation, enforcement and litigation with agencies such as the Fair Employment and Housing Department, the Equal Employment Opportunity Commission, OSHA/Cal-OSHA, the Division of Labor Standards Enforcement, the United States Department of Labor, and Employment Development Department.

Our attorneys are active in civil and administrative appellate proceedings as well, including matters before the full California Unemployment Insurance Appeals Board, the Workers Compensation Insurance Ratings Bureau, California and federal appellate courts, and the United States Supreme Court.

Representative Matters

Obtained dozens of favorable outcomes in Department of Fair Employment And Housing (“DFEH”) and Equal Employment Opportunity Commission (“EEOC”) proceedings, including findings of “no cause” and dismissals for “lack of evidence.”

Successfully represented clients in Division of Labor Standards Enforcement (“DLSE”) audits, conferences and hearings.

Obtained favorable results in state and federal litigation covering virtually all aspects of employment law using efficient but aggressive strategies.

Advised employers in all manner of employment issues, including leaves of absence, reasonable accommodation, wage and hour compliance, protection of confidential information, and termination and discipline procedures.

Performed termination risk analysis and prepared severance agreements in individual and group terminations.

Obtained dismissals of Division of Labor Standards Enforcement (“DLSE”) Anti-Retaliation Unit Claims.

Successfully negotiated the return of sensitive trade secret information from competitor while putting in place permanent protective measures.

Drafted employee handbooks and policies, independent contractor agreements, job descriptions, and executive compensation agreements for employers ranging from one employee to over 1,000.

Obtained favorable verdict in union arbitration involving contested discipline.

Negotiated dismissal, reduction and settlement of numerous Cal/OSHA charges and penalties.

Performed anti-harassment training for supervisor and non-supervisor employee groups.

Negotiated initial teacher’s aide collective bargaining agreement on behalf of school district.

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