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)
-
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
-
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
-
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
-
Prevailed in $30 million pension
dispute against labor organization through retirement
plan arbitration, district court proceedings, and
proceedings before Ninth Circuit Court of Appeals
-
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
-
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)
-
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
-
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
-
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
-
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
-
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.
Review of background check
authorizations and disclosures, drug testing
authorizations, job applications, standard offer
letters, and employment agreements.
Review of performance appraisal forms,
performance improvement plan documents and other
performance management forms, termination review
procedures, and termination letters.
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.
Review of overtime exemption
classifications, independent contractor classifications,
as well as classifications of temporary or leased
employees, volunteers and interns.
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.
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.
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.
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 and practical
training for diverse audiences, including human
resource personnel and all levels of employees and
management. Some of our more popular training sessions
include:
Working Together to Prevent Sexual Harassment
Meets all of the requirements of AB 1825, California’s mandatory
harassment training law
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 training not only satisfies these requirements,
but also helps ensure that your workplace is free from unlawful and
inappropriate conduct.
This popular training provides practical definitions of harassment and
retaliation and, through vignettes and real-world examples, provides the tools
managers need to prevent, spot, address and remedy harassment and retaliation.
The training is delivered in an interactive and entertaining format and
covers topics such as:
The definition of unlawful harassment
Strategies for preventing workplace harassment
The basics of investigating and evaluating harassment claims
Tips for spotting and avoiding retaliation
Understanding the company's anti-harassment policy
Register on-line for Working Together to Prevent Sexual Harassment training
Working Together to Prevent Workplace Harassment – Employee Module
This training is a helpful step in ensuring that your workplace is free from
unlawful and inappropriate conduct. This training is geared toward employees
without supervisory capacity and uses vignettes and real-world examples to
emphasize appropriate workplace conduct.
The Seven Habits of Successful Human Resource Professionals
This program teaches the key practices that today’s human resource
professionals must master to effectively handle personnel challenges and build
positive workplaces. The training focuses on risk avoidance and includes
discussions about:
Important state and federal employment laws
Successfully handling workplace complaints
Maintaining proper documentation
Avoiding and managing conflicts of interest
The Seven Habits of the Frequently Sued Manager
This fun and unique "managing within the law" training examines several
common management mistakes that can lead to burdensome and costly litigation and
provides practical advice on how to avoid such situations. Intended for all
levels of managers, from first-line supervisors to executives, this training
covers issues such as:
The hiring process
Effective performance management
Workplace harassment
Leave and disability accommodation issues
Common wage and hour issues
Successful Hiring: Legal Guidance and Best Practices for Identifying and
Hiring the Best Candidate
Solid hiring practices are an important component of an organization’s
success. This interactive training gives hiring managers and supervisors
practical advice for identifying and selecting the best candidates while
avoiding legal risk. Topics covered include:
Common hiring-related pitfalls
Effective interviewing
Screening resumes, job application and interview responses to identify
potential red flags
Whether and how to use social media
Critical Thinking for the Human Resource Professional
This invaluable training provides human resource professionals with the tools
they need to analyze and resolve workplace issues. This program covers:
How to analyze common human resource challenges
“Bulletproofing” your decision-making
Planning and conducting effective workplace investigations
Creating appropriate documentation
Conducting Effective Workplace Investigations
Allegations and complaints of sexual harassment, retaliation and other
workplace misconduct can lead to costly litigation if not promptly and properly
investigated. This training gives investigators the tools needed to conduct
solid, defensible and thorough investigations that will stand up in court. This
training uses real-life workplace scenarios to address:
An employer’s legal obligations to investigate
The nuts and bolts of an effective investigation
Best practices for concluding investigations
Common post-investigation issues
Navigating the Leave of Absence Minefield: Effectively Managing Employee
Leaves
Geared toward both human resource professionals and managers, this program
provides an overview of the legally-mandated leaves available to California
employees. It also focuses on how to successfully navigate the complexities of
multi-faceted and overlapping leave issues. The training covers the following:
Family and Medical Leave Act and California Family Rights Act leave
Pregnancy disability leave
Disability and accommodation
Worker’s compensation
State and federal military leaves
Mandated California leaves – including, among others, domestic violence,
voting, jury and witness duty
The new California paid leave requirement for bone marrow and organ
donation
Layoffs Without Lawsuits
This training, which is geared toward human resource personnel,
decision-makers and in-house counsel, provides a road map for conducting legally
defensible workforce reductions. Topics covered include:
Structuring a defensible layoff plan
Conducting a privileged risk assessment and disparate impact analysis
Complying with applicable federal and state laws
Preparing enforceable release agreements
Avoiding California’s Wage and Hour Time Bombs
Understanding and applying wage and hour laws in California can be a daunting
task. This training teaches employers how to avoid the most common — and
expensive — wage and hour mistakes. Topics covered include:
Meal and rest period mistakes
Exemption misclassifications
Worker classification issues
Improper pay deductions
“Off-the-clock” time
Expense reimbursement
HIPAA Privacy Training
Geared toward human resource and benefits personnel, this training provides
the information employers need to comply with the privacy provisions of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the new
HITECH Act. This training covers the key elements of the HIPAA privacy rules,
including:
Examples of what is (and is not) protected health information
Authorized use and disclosure of protected health information
Required safeguards to protect from unnecessary or accidental disclosure
General privacy policies and practices
Record retention
Please contact
info@paulplevin.com to schedule any of these
training programs
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