Working with California Employers

For many employers, the California workplace can feel ridden with legal landmines.  The employee-friendly climate is distinctive for its unique state regulations that reach further than federal laws. Businesses of all sizes face numerous, onerous and at times conflicting demands which change with frightening regularity.

Focused on Statewide Workplace Excellence

Archer Norris employment attorneys regularly help employers, from mom and pops to multinational, Fortune 500 corporations, navigate California’s maze of laws governing its diverse workforce.  We assist with legal compliance, advise about the impact of changes in the law, and represent businesses in employment litigation. Our employment team works as a cost-effective resource that allows you to return your focus to your employees’ productivity and business profitability.

Preventive Training and Best Practices to Avoid Claims

Our proactive counsel is built upon guiding highly competitive employers in establishing risk-reduction practices in workplaces statewide. We draft handbooks and policies, investigate internal claims of harassment or discrimination, assist with ADA compliance and accommodations, and audit wage and hour practices and overtime compliance. Our preventive strategies also cover real-time counsel, discipline and terminations, mandatory California sexual harassment training, and education for management.

Protecting Employers from Litigation Risks and Business Threats 

Despite the most ardent efforts, employee trouble will arise. Archer Norris attorneys defend employers against employment litigation at the administrative level, at trial and through appeal. Our extensive experience includes the full range of EEOC and employment claims, including wage and hour and noncompliance with leave issues. Archer Norris also prosecutes affirmative claims against departing employees to protect an employer's trade secrets and competitive advantages.

ADA/Disability Discrimination

• Disability Discrimination/ADA - Obtained dismissal of administrative claims for disability discrimination and retaliation asserted against healthcare industry 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

Breach of Contract

• 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
• 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

Discrimination: Sexual, Racial, Pregnancy, Gender

Sexual

• Sexual Orientation Discrimination - Concluded favorable settlement for healthcare industry employer of claims for sexual orientation discrimination and wrongful discharge while summary judgment motion pending
  
  

  Racial

• Racial Discrimination - Won defense award in binding arbitration for commercial property manager employer sued for racial discrimination, harassment, and retaliation
• 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
• Racial Discrimination/Age Discrimination – Favorably settled a racial discrimination case involving our client who was suffering financial setbacks and laid off numerous employees
  
  

  Pregnancy

• Pregnancy Discrimination - Negotiated an early and favorable resolution of pregnancy discrimination and wrongful termination claim asserted by temporary employee against pharmaceutical industry employer
• 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
• Pregnancy Discrimination - Defended employer client against pregnancy discrimination claim, negotiated favorable settlement following discovery
  
  

  Gender

• 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

Harassment Claims

• Sexual Harassment - Obtained summary judgment in nonprofit agency employer’s favor of harassment, retaliation, and wrongful reference defamation claims

Trade Secrets and Noncompete 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

Wage and Hour Claims

• 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
• 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
• 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
• 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
• 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
• 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

Wrongful Termination

• Wrongful Termination - After commencement of jury trial, negotiated favorable settlement of pregnancy discrimination and wrongful discharge claims 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
• Wrongful Termination - Achieved a defense verdict for an employer against claims of wrongful termination, sexual discrimination and defamation by a former employee

Fast Facts

• We understand the unique legal challenges of California business, including the complexities of the state's employment law.