Employment & Human Resources Services

Objective: Keep the Workplace Working

A business's employees can be its greatest asset, but they also are a source of significant risk and nowhere more so than in California.  Newspapers regularly report eye-popping verdicts in employment-related lawsuits.  Businesses of all sizes face numerous, onerous, and at times conflicting demands from a wide variety of federal, state and local laws and regulations, all of which change with frightening regularity.

Archer Norris employment attorneys regularly help employers, from mom and pops to multinational, Fortune 500 corporations, navigate the maze of employment laws.  Whether assisting with legal compliance, advising about the impact of changes in the law, or representing businesses in employment litigation, Archer Norris's experienced employment team can help you keep your eye on the ball, keeping your employees productive and your business profitable.

An ounce of prevention.

Our employment team regularly helps clients manage the risks of employment claims before they arise.  We draft handbooks and policies, investigate internal claims of harassment or discrimination, assist with ADA compliance and accommodations, audit wage and hour practices and overtime compliance, help with discipline and terminations, provide training and education for management, and offer many other similar services to prevent trouble in the first place.

Aggressive, cost-effective litigation expertise.

When trouble does arise, however, Archer Norris attorneys have extensive experience representing employers against employment litigation.  At the administrative level, at trial and through appeal, we have successfully defended numerous businesses against claims of harassment, discrimination, wrongful termination, wage and hour violations, noncompliance with leave laws, and virtually every other kind of employment litigation.  We also have experience prosecuting affirmative claims against departing employees to protect the employer's trade secrets and competitive advantages.  Our experience in representing California businesses for more than half a century provides significant benefits to our clients in efficiency, cost savings, and sound strategic advice, not to mention a better chance to make sure you wind up on the winning side.

While eliminating employment risks may be impossible, the Archer Norris employment team can add significant value to your business by helping to mitigate those risks through strategic, proactive prevention efforts, and forceful, cost-effective responses to the inevitable claims that do arise.  We look forward to working with you to help keep your workplace working.

Employment risk management and counseling experience

  • Draft and implement employment policies, practices, employee handbooks
  • Comprehensive audits of employment and payroll practices to ensure compliance with state and federal laws (including wage and hour, EEO laws, harassment/discrimination, federal and state leave laws, non-competition/non-solicitation, and many others)
  • Investigations of harassment and discrimination complaints
  • Assistance with hiring, discipline, and termination, including large scale lay-offs and RIFs 
  • Real-time counseling as particular issues arise
  • Training and education regarding employment laws and practices
  • Mandatory California sexual harassment training pursuant to AB 1825

Representative Matters

Discrimination/Harassment/Wrongful Termination

  • Wrongful Termination - After commencement of jury trial, negotiated favorable settlement of pregnancy discrimination and wrongful discharge claims asserted against healthcare industry employer
  • Racial Discrimination - Won defense award in binding arbitration for commercial property manager employer sued for racial discrimination, harassment, and retaliation
  • Sexual Orientation Discrimination - Concluded favorable settlement for healthcare industry employer of claims for sexual orientation discrimination and wrongful discharge while summary judgment motion pending
  • Sexual Harassment - Obtained summary judgment in nonprofit agency employer’s favor of harassment, retaliation, and wrongful reference defamation claims
  • Disability Discrimination/ADA - Obtained dismissal of administrative claims for disability discrimination and retaliation asserted against healthcare industry employer
  • Wrongful Termination - After filing a summary judgment motion, negotiated favorable settlement of wrongful discharge claim against temporary services industry employer
  • Pregnancy Discrimination - Negotiated an early and favorable resolution of pregnancy discrimination and wrongful termination claim asserted by temporary employee against pharmaceutical industry employer
  • Gender Discrimination/Sexual Harassment - Concluded a settlement for a minimal payment after mediation for a hospital employer of claims of discrimination based on sex and sexual harassment
  • Pregnancy Discrimination - On the eve of a jury trial, concluded a favorable settlement of a pregnancy and sex discrimination claim brought by an upper level management employee against her hospital employer.
  • Disability Discrimination/ADA - Obtained the dismissal of an administrative claim filed with the EEOC for disability discrimination and failure to accommodate brought by an employee of a large landscaping supply company.
  • Disability Discrimination/ADA - Negotiated a nominal settlement of a claim brought by an employee of a mid-sized home builder under Title VII and the Fair Employment and Housing Act for discrimination based on disability (cancer) and a failure to accommodate.
  • Racial Discrimination/Age Discrimination – Favorably settled a racial discrimination case involving our client who was suffering financial setbacks and laid off numerous employees. 
  • Wrongful Termination - Achieved a defense verdict for an employer against claims of wrongful termination, sexual discrimination and defamation by a former employee.
  • Pregnancy Discrimination - Defended employer client against pregnancy discrimination claim, negotiated favorable settlement following discovery. 
  • Racial Discrimination - Counseled a public sector executive official in an administrative investigation into high profile allegations of racial discrimination and retaliation filed by numerous employees.

 Wage and Hour Laws

  • Failure to Pay Wages Due - Won dismissal of administrative claims for alleged failure to pay wages due on behalf of high technology industry employer of terminated employee
  • Breach of Contract - Negotiated a favorable settlement of salesman's wrongful termination and failure to pay commissions claims on behalf of technology industry employer, after employer's summary judgment motion filed
  • Failure To Pay Wages Due - Concluded a settlement for minimal payment of claims against technology industry employer sued by consultant for alleged nonpayment of fees
  • Failure To Pay Wages Due - Obtained the dismissal of a wage and hour claim for unpaid wages filed with the California Labor Commissioner by an employee of a technology industry temporary placement agency.
  • Overtime - Obtained the dismissal of a 10 wage and hour claims which were simultaneously filed by employees of a mid-sized home builder with the California Labor Commissioner for failure to pay overtime and proper piecemeal rates.
  • Failure to Pay Wages Due - Assisted the client, a large power generator, with obtaining a dismissal of a wage and hour claim based on the failure to pay final wages upon termination.
  • Meal and Rest Period Violations - Obtained the dismissal of a wage and hour claim filed with the California Labor Commissioner for missed meal and rest periods and retaliation brought by an employee of a large construction company.
  • Failure To Pay Travel Time - Assisted in the negotiation of a favorable settlement with the Department of Labor with respect to travel time pay for a trucking company.
  • Breach of Contract - Defended an international employer that recruited an executive employee who subsequently claimed that the employer deceived him by inducing him to take a job in India, and he refused the assignment. The lawsuit resolved for a nominal sum paid to the employee based on evidence developed during discovery that the employee really just developed “cold feet” over working in India.

Other Employment Litigation

  • Trade Secrets/Noncompetes - Obtained a defense verdict for our client, who was sued by his former employer after he moved to a competitor and his entire staff followed. Our winning argument was based on facts that our client was free to work for a competitor and that he neither took trade secrets nor unlawfully recruited former co-workers.