Labor & Employment
DP&F’s Labor and Employment Department represents management in a broad range of employment law matters ranging from general advice to complex class-action litigation. Our background, experience and participation in developing trends allow DP&F to provide the full complement of labor and employment law services throughout the North Bay, North Coast and Wine Country areas.
Our Labor and Employment attorneys have 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 contract, fraud and misrepresentation, and employee benefit claims. 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 the 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, various state and federal appellate courts, and the United States Supreme Court.
The Labor and Employment Department also represents management under state and federal labor relations laws. We work with private employers under the both the National Labor Relations Act (“NLRA”) and the California Agricultural Labor Relations Act (“ALRA”) as well as public entities covered by state laws such as the Meyers-Milias-Brown Act (“MMBA”). DP&F attorneys have broad experience with union activity, organizing campaigns, collective bargaining, grievance adjustment and arbitration, and the defense of unfair labor practice charges. Our attorneys also represent employers in audits by, and litigation against, labor-management benefit funds.
The firm’s Labor and Employment Department also focuses on unfair competition and trade secret disputes, including misappropriation by current and former employees, and has litigated such disputes throughout the United States.
EMPLOYEE HANDBOOK UPDATE SERVICE
Few documents in the workplace are as important as a company’s Employee Handbook. The contents of that Handbook have legal significance and are often utilized in employment litigation. Poorly or incorrectly drafted handbooks can result in embarrassing or damaging evidence being introduced against your organization, or can result in inadvertent obligations being owed to employees. Dickenson Peatman & Fogarty’s employment attorneys have developed expertise in reviewing and analyzing clients’ handbooks in order to ensure that their employment policies are legally compliant, strategically developed and in keeping with the operations of their organizations.
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.