Services:Litigation
Paul, Plevin attorneys represent
California employers in all types of contested matters,
from arbitrations, to administrative hearings, to class actions, to jury
trials, to appeals. The firm’s experience base is
vast. All six litigation partners have experience in
multiple jury trials and appeals, and combined have over
100 years of employment litigation experience.
In litigated matters, Paul, Plevin has
a solid track record of delivering outstanding results. First and foremost, whenever
appropriate and consistent with the needs of our client,
we aggressively pursue the early and economical
resolution of cases through early, candid case
assessment, mediation and settlement.
Our combined expertise, derived from resolving literally
thousands of employment claims, gives us a unique
perspective in the evaluation of claims. When early
settlement is not possible, the firm has an outstanding
record disposing of matters through motion work. The
firm’s specialization in employment law and our
attorneys’ experience in identifying and pursuing the
arguments that can win a motion give Paul, Plevin
clients an advantage in getting the right motion filed,
with the best chance of success. When a case must go
the distance, our attorneys have the skill, experience
and confidence to take a case to trial and win it.
Paul, Plevin has extensive experience
in other litigation matters. Firm attorneys have
successfully brought and defended trade secret-related
claims, and have defended several fraud, defamation and
False Claims Act cases, as well as other commercial
litigation.
Firm attorneys are constantly in court
and appearing before administrative agencies. Examples
of recent outcomes in firm matters include:
Services:Litigation:Jury
& BENCH TRIALS
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Obtained a defense judgment in a
bench trial on behalf of a wireless internet service
provider against a plaintiff who alleged he had been
misclassified as an exempt employee and was denied
overtime pay and meal and rest periods. On
appeal, the Court of Appeal published a decision
clarifying the parameters of the administrative
exemption under California law (Combs v. Sky River
Communications, 4th Dist., Div. 1, 2/7/08)
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Obtained a defense verdict on
behalf of a real estate management company in a jury
trial seeking overtime pay and other wage and hour
remedies. In the same trial, obtained a
defamation verdict and punitive damages against the
plaintiffs
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Obtained a defense verdict in a
bench trial on behalf of the government entity against
a former Human Resources manager who claimed he was
terminated based on race and/or disability
-
Obtained a defense verdict in a
jury trial of a claim by the former men’s basketball
coach for the University of California, San Diego,
that the university misappropriated his summer
basketball league opportunity
-
Obtained a defense verdict in a
jury trial of a claim by a former airline employee
that she was fired in retaliation for reporting
violations of FAA security rules, and a verdict on our
cross-complaint against the employee for illegally
recording conversations with employer representatives
-
Obtained defense verdict in a
federal court jury trial of an age discrimination
claim by an employee of a Fortune 500 technology
company
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Obtained a defense verdict in a
jury trial in case in which plaintiff alleged wrongful
termination and fraudulent inducement of employment by
a client in the financial services industry
-
Obtained a defense verdict in a
jury trial on behalf of national computer manufacturer
on a claim by a former employee for hostile
environment sexual harassment and gender
discrimination
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Prevailed in $30 million pension
dispute against labor organization through retirement
plan arbitration, district court proceedings, and
proceedings before Ninth Circuit Court of Appeals
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Obtained a defense award in the
binding arbitration in which plaintiff alleged
wrongful termination in violation of public policy
(termination to divest her of large commissions due)
Services:Litigation:Case
Dispositive Motion Work
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Obtained summary judgment on behalf
of the University of California, Irvine in a claim
brought by a Ph.D. candidate challenging his dismissal
from his doctoral program. On appeal, secured a
published appellate decision upholding the victory, in
which the court gathered and reaffirmed, as California
law, a variety of well-known federal antecedents, and
in a single opinion covered a broad array of academic
procedural and substantive matters. (Lachtman v.
Regents, 4th Dist., Div. 3, 12/20/07)
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Obtained the dismissal, at the
pleading stage, of a Fair Labor Standards Act class
action claim by employees of a California trial court
alleging off-the-clock work and unpaid meal periods
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Obtained summary judgment on behalf
of a national electronics retailer in a retaliation
and age discrimination case
-
Obtained summary judgment on a
federal court class action age discrimination claim by
over 80 former employees of a large technology company
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Obtained summary judgment in a
section 1983 free speech claim against a university
brought by a faculty member claiming retaliation,
resulting in a published opinion
-
Obtained summary judgment in
federal court for a university in a False Claims Act
claim asserting that the university fraudulently
obtained its accreditation, and therefore fraudulently
obtained state and federal student financial aid
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Obtained summary judgment on a
whistleblower claim on behalf of a public entity,
followed by an award of over $50,000 in attorneys’
fees against the plaintiff, a high level manager who
sued the agency head
-
Successfully defended a writ of
mandate proceeding brought by a tenured university
professor who was disciplined after having been found
to have engaged in research misconduct, and obtained
an affirmance by the Court of Appeal. The firm
also represented the university in the internal
university administrative proceeding which resulted in
the research misconduct finding
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Numerous favorable results in
contested Labor Commissioner claims involving
misclassification, commissions, and overtime.
SERVICES:Litigation:Class
Actions
Class actions are on the increase,
especially in the area of wage and hour disputes.
Paul, Plevin attorneys have extensive experience
defending employers in class actions. The firm’s
experience base includes defending employers in a range
of industries in class actions in state and federal
court involving various aspects of the Fair Labor
Standards Act and the California Labor Code such as
employee misclassification, meal and rest period
violations, employee expense issues, vacation pay, and
the Labor Code Private Attorneys General Act (Labor Code
section 2699). The firm also has experience
handling class actions involving allegations of
employment discrimination and WARN Act violations.
The firm has worked on class actions involving thousands
of putative class members, has successfully defeated
class certification, and has represented clients in
reaching favorable settlements that have been approved
by the courts.
Services:Litigation:Agency
Proceedings
Firm attorneys regularly appear
before state and federal agencies charged with the
enforcement of labor and employment laws, including the
Department of Fair Employment and Housing, the Equal
Employment Opportunity Commission, the California Labor
Commissioner, the Department of Labor, the Unemployment
Insurance Appeals Board, the Workers’ Compensation
Appeals Board (Labor Code 132a claims), and the National
Labor Relations Board.
Services:Counseling
Counseling & Transactional
Services
Paul, Plevin attorneys work closely
with our clients to provide advice and counsel aimed at
maintaining compliance with California law and
minimizing risk. All of the firm’s partners and senior
associates provide employers with counseling and
transactional support in addition to litigation
services. The firm also has a dedicated Transactional
Practice Group with senior attorneys who practice
exclusively in this area and provide specialized
counseling and transactional services on a daily basis.
Paul, Plevin’s employment counseling
and transactional practice is as broad as the issues
that confront California employers. Firm attorneys
regularly provide advice on performance management,
discipline and termination. We help clients navigate
the difficult issues related to disabilities, and leaves
of absence. We conduct full-scale employment practices
audits, or targeted compliance audits
in specific areas of personnel management, to help
ensure compliance with applicable laws and use of best
practices to manage risk. Paul, Plevin attorneys draft
policies and handbooks, as well as confidentiality and
trade secrets agreements, employment contracts for
employees and executives, and severance and settlement
agreements. We give advice on implementing layoffs, and
with issues that arise in connection with mergers and
acquisitions. A number of firm attorneys are experts in
California wage and hour law, and give counsel on
payroll, bonus, commission, exempt classification and
meal/rest period issues, among others. We provide
advice on conducting internal investigations, including
claims of discrimination, harassment and other employee
misconduct, and when necessary, can serve as the
investigator of such claims.
If our clients have labor unions, firm
attorneys can advise management on dealing with
representation elections, unfair labor practices,
collective bargaining and other union issues.
Our multi-state and national clients rely on our
state law expertise to avoid liability under
California’s multitude of unique employment statues,
regulations and government enforcement positions.
Our Emphasis Is On Practice
Not Theory
The firm is committed to providing
practical advice that is sensitive to our clients’
business needs and objectives. Our clients appreciate
our refreshing emphasis on practice, not theory. The
firm’s goal is to partner with our clients to provide
the advice and services they need to identify potential
problems before they arise, and deal with the inevitable
problems and disputes that come from today’s complex
body of employment laws and regulations. We understand
the value of providing our clients with straight-forward
analysis of their issues, and
creative options to achieve their objectives.
An important part of this effort is
Paul, Plevin’s innovative
training programs, on everything from mandatory
sexual harassment training, to “Seven Habits of
the Frequently Sued Managers,”
to conducting “Layoffs Without Lawsuits,” to
managing complicated leave and accommodation issues, to
critical thinking for the human resources professional.
Keeping Our Clients Informed
We are also committed to keeping our
clients up to date on the latest developments affecting
their business. Whenever a significant development
occurs affecting California employers, Paul, Plevin
sends an “Employment Law E-Update,”
typically within one day of the development,
emphasizing a simple explanation of what happened, and
always with a short, to-the-point explanation of “What
This Means.” The firm also holds seminars, including our
annual “Workplace
Law Update,” that is attended by representatives of
many of California’s leading companies.
Services:Labor-Management Relations
Paul, Plevin attorneys have over 30
years of experience in private and public sector
collective bargaining, unfair labor practice and
representation proceedings before the National Labor
Relations Board or similar public sector boards, the
administration of existing collective bargaining
agreements, labor arbitrations, strikes, picketing,
secondary boycotts and related matters. Recently, the
firm served as chief labor negotiator for the City of
San Diego and the San Diego Symphony in the negotiation
of critical collective bargaining agreements. Firm
attorneys have appeared before the Public Employment
Relations Board, and before the National Labor Relations
Board, United States District Courts and United States
Courts of Appeals in matters arising under the National
Labor Relations Act.
Services:Employment Practice Audits
“An Ounce of Prevention Is Worth a Pound of Cure”
Paul, Plevin offers targeted audit services to help employers of all types
comply with California and federal employment laws and
utilize best practices in the management of their
personnel.
Pre-Employment Screening & Hiring
Review of background check
authorizations and disclosures, drug testing
authorizations, job applications, standard offer
letters, and employment agreements.
Performance Management &
Terminations
Review of performance appraisal forms,
performance improvement plan documents and other
performance management forms, termination review
procedures, and termination letters.
Employment Contracts
Review of offer letters and employment
agreements, independent contractor or consulting
agreements, commission and bonus plans, confidentiality
and non-disclosure agreements, arbitration agreements,
loan repayment agreements, pre-event liability waivers,
and severance agreements.
Employee Classifications
Review of overtime exemption
classifications, independent contractor classifications,
as well as classifications of temporary or leased
employees, volunteers and interns.
Payroll Practices
Review of payroll practices, including
tracking employee work time (rounding practices, make-up
time, call backs, split shifts, travel time, preliminary
and postliminary time, on-call time, training time),
meeting minimum wage requirements, compensating
volunteers and interns, calculating the "regular rate"
for overtime, administering alternative workweek
schedules, administering meal and rest periods, issuing
payroll, issuing final pay, itemized wage statements,
administering vacation and sick pay, wage deductions,
record keeping, employee access to payroll records, and
posting obligations.
Leaves of Absence & Reasonable
Accommodation
Review of leave and accommodation
policies, procedures and forms, incliding leave and
accommodation request forms, leave tracking and
calculation methods, leave designation and notice forms,
medical certification forms, form letters for leave
management, and disability accommodation review forms.
Personnel Policies
Review of all personnel-related polices, including at-will employment,
non-harassment, reasonable accommodation, leaves of
absence, vacation and sick time, meal and rest periods,
overtime, electronic resources and communications,
standards of conduct, conflicts of interest,
confidential information, drug testing, and workplace
safety.
Multi-State Employer Practices
Review of key personnel practice areas
that differ between federal and California law,
including overtime rules, final pay, travel time,
alternative work weeks and "comp" time, commission and
bonus plan provisions, restrictive covenants, leaves of
absence, pregnancy disability, drug testing, background
checks and investigations, as well as administration of
reasonable accommodation.
If you are interested in more information or pricing
regarding any of these audit services, please contact
Brenda Kasper.
Services:Training
Paul, Plevin offers in-house training
that is second to none. Our employment law experts
offer upbeat, informative, practical and “non-legal”
training for all employees, including all levels of
management. Some of our more popular training sessions
are:
Meets all of the requirements
of AB 1825, California’s mandatory harassment
training law
Did you know? California law requires managers and
supervisors to receive two hours of training regarding
the prevention of sexual and other forms of unlawful
harassment every two years. This type of training is not
only mandated by law, but is an important step in
ensuring that your workplace is free from unlawful and
inappropriate conduct.
This popular training is presented by a practicing
employment lawyer and includes a practical definition of
harassment and an overview of common workplace issues in
the area of harassment based on sex, age, disability,
race, national origin and all other protected
characteristics. Through vignettes and other real life
examples, it provides the tools needed to spot, address,
and prevent harassment and retaliation in the workplace.
The training is delivered in an interactive and
entertaining format and covers, among others, the
following topics:
• The types of conduct that constitute unlawful
harassment, with practical examples based on real
workplace situations
• Strategies for preventing harassment in the workplace
• The basics of investigating and evaluating an
employee’s harassment claim
• Tips for spotting and avoiding retaliatory actions
• Understanding the company's anti-harassment policy
This training can also be customized to address
particular issues faced in your workplace.
Register on-line for
this training
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Seven Habits of the
Frequently Sued Manager
This fun and unique "managing within the law"
training covers issues such as thoughtful hiring,
effective employee criticism, avoiding sexual and
other harassment, spotting disability and leave
issues, general performance and misconduct
documentation, and wage and hour issues. This
training is intended for all levels of managers,
from first-line supervisors to executives.
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Critical Thinking for the
Human Resources Professional
Human resources professionals are regularly
challenged with new and unique situations. This
invaluable training draws on actual workplace issues
and the use of interactive training to assist human
resources professionals with analyzing and attacking
new issues and problems.
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How to Investigate Employee
Misconduct
Allegations of sexual harassment, retaliation, and
other worker misconduct, including financial fraud,
must be investigated. When an employee complains,
litigation is an unfortunate probability if the
complaint is not investigated quickly and fully.
This training gives investigators the tools they
need to conduct solid, defensible, and thorough
investigations that will stand up in court.
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Managing Employees Who
Can't or Won't Work
Many laws regulate employees' rights to be absent
from work. For example, there is the "Bermuda
Triangle" of family and medical leave, workers'
compensation and pregnancy leave, not to mention
both federal and state disability laws. There are
also laws imposing obligations for military leaves,
jury duty, domestic violence situations, and more.
This training assists supervisors and human
resources professionals in recognizing situations
that trigger leave obligations and educates them on
how to effectively evaluate and respond to such
situations.
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Layoffs Without Lawsuits
This training, which is geared toward human
resources personnel, decision makers, and in-house
legal counsel, provides a detailed road map for
conducting a workforce reduction in a way that
reduces a company’s exposure to discrimination,
wrongful termination, severance, and other
liabilities.
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Avoiding Wage and Hour Time
Bombs
Understanding and applying wage and hour laws in
California is a daunting task. This training focuses
on the most common – and expensive – errors
employers tend to make, and offers solutions for
limiting exposure on existing claims and avoiding
future violations.
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