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:
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.
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.
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.
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
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
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
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
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
Worker classification issues
Improper pay deductions
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
Please send an email to email@example.com to schedule any of these training programs
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